Madison, WI— Today, the Wisconsin Department of Natural Resources (DNR) released the final Environmental Impact Statement (EIS) for Enbridge Energy’s controversial plan to construct a new segment of its Line 5 oil pipeline in northern Wisconsin. The agency also made a final determination that its analysis and process comply with the Wisconsin Environmental Policy Act.
The 70-year-old pipeline currently cuts across the heart of the Bad River Reservation, where it has been trespassing on Tribal land for more than a decade. In 2019, the Bad River Band of Lake Superior Chippewa filed a lawsuit in federal court to force its removal. Rather than shut down the aging pipeline, Enbridge applied for permits to build a new 40-mile section of pipeline around the perimeter of the Reservation that would allow its continued operation within the Bad River watershed.
In response to the release of the final EIS, Midwest Environmental Advocates Executive Director Tony Wilkin Gibart issued the following statement:
“As a nonprofit environmental law center committed to protecting the rights of all people to live in a clean and healthy environment, Midwest Environmental Advocates supports those who have urged the DNR to fully consider the significant environmental harm this project would cause and to ultimately reject Enbridge’s permit application.
“When the draft EIS was released more than two years ago, it was widely criticized for failing to adequately analyze the many ways in which both construction and continued operation of the pipeline would harm natural resources, infringe Tribal treaty rights, threaten public health and further destabilize the climate.
“We will continue to review the final EIS to ensure that it does not fall short of what the law requires and what the people of Wisconsin deserve.
“According to state law, the EIS must contain information about how the project would negatively impact people, natural resources, and the economy. It must also include a complete and thorough analysis of alternatives to the proposed project.
“Regardless of whether the final EIS is accurate and complete, we believe the DNR has failed to comply with the Wisconsin Environmental Policy Act (WEPA). WEPA requires the DNR to adequately inform members of the public about the potential impacts of the proposed project so they can meaningfully participate in the permitting process. Yet the agency has not held a single hearing or public comment period on Enbridge’s application for wetlands and waterway permits since 2020—well before the public had the benefit of even a draft EIS.
“Given these concerns, as well as the significant risks associated with pipeline construction and operation, MEA will continue to subject the final EIS to the highest possible legal scrutiny. If we find that it falls short of what the law requires, we are prepared to take legal action to stop this dangerous and destructive pipeline project.”
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