The Native American Rights Fund (NARF) has expressed support for the Bad River Band of Lake Superior Chippewa and environmental groups as they challenge Wisconsin’s approval of a proposed reroute for the Line 5 oil pipeline. The case is set to be heard by an administrative law judge.
NARF, which represents the Bay Mills Indian Community in a separate challenge to the construction of the Line 5 tunnel pipeline through the Straits of Mackinac, highlighted concerns about Enbridge’s plan to build 41 miles of new pipeline around the borders of the Bad River Band reservation. The current route of Line 5 is trespassing on tribal land. The proposed reroute would require construction methods such as blasting, horizontal drilling, or trenching across numerous wetlands and streams, impacting areas where tribes have treaty-reserved rights to hunt, fish, and gather.
David Gover, NARF Staff Attorney, stated: “The Line 5 pipeline is an existential threat to Tribes’ historic homelands and their way of life. Enbridge’s proposed reroute would move the trespassing section of the pipeline upstream, where it can do even more damage to cultural resources, wild rice, medicines, fisheries, and drinking water. We applaud the Bad River Band for leading a heroic effort in Wisconsin against a foreign pipeline company that has an atrocious safety record, including the massive downstate oil spill last fall. We stand in solidarity with the Band and allies in their monumental effort to preserve their lands and waters for future generations.”
Enbridge’s project still requires federal permits from the U.S. Army Corps of Engineers but received permits from Wisconsin’s Department of Natural Resources (DNR) in November 2024. This approval is being contested by several parties including Clean Wisconsin and Midwest Environmental Advocates on behalf of Sierra Club, League of Women Voters of Wisconsin, and 350 Wisconsin. A judicial order currently prohibits any construction on the reroute while legal proceedings continue.
NARF also noted that concerns about Line 5 extend beyond Wisconsin. In Michigan, NARF and Earthjustice represent Bay Mills Indian Community in efforts to stop Enbridge’s proposal for a tunnel under the Straits of Mackinac—a site considered sacred by Bay Mills and other tribes with treaty ties to Michigan and the United States. The organizations argue that this project would prolong operation of what they describe as a dangerous pipeline through critical Great Lakes waterways.
