Bad River Lawsuit Renews Focus on Line 5 Pipeline as Tribal Agreements and Legal Battles Span Decades

By Joe Morey Rez Life Weekly Editor

The Bad River Band of Lake Superior Chippewa has filed a new federal lawsuit against the U.S. Army Corps of Engineers, challenging a permit issued to Enbridge Energy Partners LLC for a proposed reroute of the Line 5 pipeline around the tribe’s reservation in northern Wisconsin. The lawsuit asks the federal agency to reconsider its approval, arguing that the permitting process did not fully comply with federal environmental laws.

According to court filings, the lawsuit was filed in U.S. District Court for the District of Columbia and alleges violations of the National Environmental Policy Act and the Clean Water Act. The Band is represented by Earthjustice, an environmental advocacy organization that has worked with tribes on resource protection and treaty rights cases across the country.

Enbridge seeks to reroute approximately 41 miles of Line 5 pipeline to avoid crossing tribal land after longstanding easements allowing the pipeline to cross the Bad River reservation expired in 2013. The Army Corps issued the federal permit in October, clearing a key regulatory hurdle for the project. The Bad River Band argues that even with the reroute, the pipeline would still cross numerous waterways and wetlands connected to the Lake Superior watershed, which the tribe says remain central to its hunting, fishing, and wild rice harvesting practices.

“This reroute will mean blasting, horizontal drilling, and trenching across hundreds of wetlands and streams,” said Earthjustice Managing Attorney Gussie Lord. “It will likely do permanent damage to the Band’s treaty-protected water, plants, and medicines — all for the enrichment of a foreign oil company.”

“For more than a decade, we have had to endure the unlawful trespass of a dangerous oil pipeline on our lands and waters,” said Bad River Band Chairwoman Elizabeth Arbuckle. “The reroute only makes matters worse. Enbridge’s history is full of accidents and oil spills. If that happens here, our Tribe and other communities in the Northwoods will suffer unacceptable consequences. From the Bad River to Lake Superior, our waters are the lifeblood of our Reservation. They have fed and nurtured our Tribe for hundreds of years. We will do everything in our power to protect them.”

According to a Wisconsin Examiner article in December of 2025, Enbridge spokesperson Juli Kellner said in an email that while the Army Corps made an initial permit decision, it has not been signed by the corps or the company and therefore isn’t a final decision that can be challenged in court. She said the company would intervene in the lawsuit to defend the permit approval.

“Enbridge submitted permit applications to state and federal regulators in early 2020 to build a new segment of pipeline around the Bad River Reservation,” she said. “Enbridge’s permit applications are supported by thorough and extensive environmental analysis and modeling by leading third-party experts confirming project construction impacts will be temporary and isolated, with no adverse effect to water quality or wetlands.”

The lawsuit marks the latest development in a complex legal and regulatory history involving Line 5, tribal sovereignty, federal oversight, and energy infrastructure in the Great Lakes region.

Expired Easements and Earlier Court Rulings

Line 5, completed in 1953, transports oil and natural gas liquids between Superior, Wisconsin and Sarnia, Ontario. A segment of the pipeline crosses approximately 12 miles of the Bad River Band’s reservation. For decades, Enbridge operated the pipeline under easements that granted access across tribal land.

Those easements expired in 2013. According to tribal records and court filings, the Bad River Band chose not to renew them, citing environmental concerns and the pipeline’s proximity to the Bad River and Lake Superior. In 2019, the Band filed a separate federal lawsuit against Enbridge, arguing the company continued operating the pipeline without valid permission.

In 2023, a federal judge ruled that Enbridge was trespassing on Bad River land and ordered the company to shut down or remove the pipeline segment by June 2026. That ruling is currently under appeal in the 7th U.S. Circuit Court of Appeals.

Enbridge has maintained that Line 5 is a critical part of regional energy infrastructure and has emphasized its safety record and regulatory compliance. The company has also stated that the proposed reroute is intended to address legal and environmental concerns while maintaining energy supply reliability.

The Reroute and Federal Permitting

The current lawsuit focuses on the Army Corps’ decision to grant a federal permit for the reroute. According to the Band’s legal filing, the new route would cross approximately 185 waterways and affect more than 100 acres of wetlands. The Band argues these areas are ecologically significant and culturally important.

The Army Corps has stated in permitting documents that it evaluated environmental impacts and mitigation measures before issuing approval. The Corps states the application for the installation of a pipeline complies with all applicable federal laws and regulations, including:

·       National Environmental Policy Act,

·       Section 404 of the Clean Water Act

·       Section 10 of the Rivers and Harbors Act

·       Section 7 of the Endangered Species Act

·       Section 106 of the National Historic Preservation Act

The Army Corps of Engineers also claims that the proposed project is deemed to be compliant with the federal Tribal Trust and the public interest.

Enbridge has said it plans to use modern construction techniques and monitoring to minimize environmental disruption.

While the permit authorizes Enbridge to work within waters regulated by the federal government, it does not regulate the siting of the pipeline, nor any substance being transported within it.

Along with its proposal to reroute a portion of Line 5 in Wisconsin, Enbridge is also pursuing plans in Michigan to construct an approximately four-mile underground tunnel beneath the Straits of Mackinac. The tunnel would encase the existing, aging section of the Line 5 pipeline that currently runs through the Great Lakes.

State regulators in Michigan approved Enbridge’s application in 2023 for the estimated $750 million tunnel project, but construction cannot move forward until the U.S. Army Corps of Engineers completes its federal permitting review.

A recent energy infrastructure report shows that the Corps of Engineers has pushed the final permitting decision into 2026 after conducting additional environmental review and considering alternatives to the tunnel. The agency’s Detroit District had initially targeted a fall 2025 decision but is now expecting the final Record of Decision in spring 2026.

In addition to the federal lawsuit, the Bad River Band is also challenging state permits issued by the Wisconsin Department of Natural Resources. That case remains pending.

Enbridge Agreements With Other Tribal Nations

While the Bad River Band has opposed Line 5 on its reservation, Enbridge has reached negotiated agreements with other tribal nations in the region.

In 2017, the Lac Courte Oreilles Band of Lake Superior Chippewa approved a 25-year easement agreement with Enbridge for existing pipelines crossing its reservation. Media reports at the time described the agreement as valued at approximately $70 million over the life of the contract, including an initial payment and annual payments indexed to inflation. Tribal leadership said the agreement provided long term financial certainty and resources for community needs.

The tribe said in a statement at the time the agreement acknowledges and respects the Band's sovereignty, delivers meaningful community benefits for the duration of the easement and provides annual payments to the Tribal government as the landowner.

“This isn’t about today,” former LCO Chairman Taylor said. “This is about our kids and 25 years from now.”

"These pipelines have been on our land for a long time and we saw a unique opportunity to exercise our sovereignty," Taylor said in the tribal statement. "Refusing to work with Enbridge would have resulted in damage to our lands due to the removal of the pipelines, and we would have received no benefit. Enbridge understood that we have a duty to uphold our values, protect our sovereignty, and better our community. They collaborated with us to find a solution that worked for both parties. Positive history was made and hopefully it's a sign of better relations to come between Native Americans and industry."

Enbridge has also stated that it entered into a Memorandum of Agreement with Lac Courte Oreilles leadership in 2024 addressing easements and broader reconciliation efforts. Details of that agreement have not been publicly released in full, but the company has described it as the result of government-to-government negotiations.

In Minnesota, the Fond du Lac Band of Lake Superior Chippewa reached an agreement with Enbridge in 2018 related to the Line 3 replacement project. According to statements from the Band and regulatory filings, the agreement allowed the pipeline to be routed alongside existing infrastructure while including provisions focused on environmental protection, wild rice monitoring, and long-term economic benefits.

Fond du Lac leadership has stated that the agreement was reached after weighing the risks and benefits of the project and that negotiated protections were preferable to alternatives.  They also stated the agreement protected wild rice waters and other resources in ceded territory. Enbridge also repaired existing lines on the reservation and compensated the Tribe for costs of having the pipelines on their land.

"The benefits to the band far exceed those of potential alternatives, and the agreement was the result of months of extensive consideration and strong advocacy on behalf of the band," said tribal council chairman Kevin Dupuis Sr. at the time.

Enbridge has operated pipelines on the Fond du Lac Reservation for the last 68 years, the company said in a statement, "and looks forward to continuing engagement that supports continued safe operation of the Enbridge Mainline System."

The decision drew both support and criticism, highlighting the differing views among tribes and tribal citizens on how to engage with large infrastructure projects.

Tribal Sovereignty and Differing Approaches

The differing positions taken by Bad River, Lac Courte Oreilles, and Fond du Lac reflect the varied ways tribes exercise sovereignty in dealing with energy development. Each tribe operates as a separate government, with its own leadership, legal authority, and priorities.

In the case of Bad River, tribal leaders have consistently maintained that the risks to water, wild rice, and treaty protected resources outweigh the benefits of continued pipeline operation near the reservation. The tribe has emphasized that its opposition is grounded in both environmental stewardship and its right to control what occurs on its land.

Other tribes have chosen to negotiate agreements that they believe provide economic stability and regulatory oversight while addressing environmental concerns. Enbridge has said it respects tribal sovereignty and seeks to work with tribal governments through consultation and negotiated agreements.

National Implications

The Line 5 disputes have drawn attention from tribal nations, environmental groups, industry stakeholders, and policymakers across the country. Legal experts note that the outcomes of these cases could influence how infrastructure projects interact with tribal lands and treaty rights in the future.

Multiple tribes and organizations have filed amicus briefs supporting the Bad River Band’s position in earlier cases, arguing that allowing a company to operate on tribal land without consent undermines tribal authority. At the same time, energy regulators and industry groups have emphasized the importance of maintaining reliable fuel transportation networks in the Great Lakes region.

What Comes Next

The federal court reviewing the Bad River Band’s challenge to the Army Corps permit has not yet ruled. Meanwhile, the appeal of the 2023 trespass ruling continues in the 7th Circuit Court of Appeals, and state level litigation remains active.

For Enbridge, the legal proceedings will help determine whether the reroute can move forward on its current timeline. For the Bad River Band, the lawsuits represent an effort to assert control over ancestral lands and protect natural resources central to its culture and economy.

As courts weigh environmental law, federal permitting authority, and tribal sovereignty, the Line 5 dispute continues to serve as a case study in how energy infrastructure, tribal governance, and regulatory systems intersect in Indian Country.

August 12th, 2025: The White River as seen on the Bad River Reservation on August 12th, 2025. (Steven Garcia for Earthjustice)