Line 5 Pipeline Dispute: Wisconsin DNR Permit Upheld, Legal Battles Continue

A Wisconsin administrative law judge has upheld a key permit granted to Enbridge for the rerouting of Line 5, a controversial oil pipeline traversing the state. This decision, however, is unlikely to end the legal challenges from the Awful River Band of Lake Superior Chippewa and environmental groups, who argue the pipeline poses significant risks to the environment and treaty rights.

Background: The Line 5 Pipeline and Wisconsin Dispute

Line 5 is a 645-mile oil pipeline system transporting crude oil and natural gas liquids from Superior, Wisconsin, to Sarnia, Ontario. A 41-mile segment of the pipeline is at the center of the dispute, as Enbridge seeks to reroute it around the Bad River Reservation in northern Wisconsin. The Bad River Band asserts the pipeline violates treaty rights and threatens the watershed of the Bad River, a vital resource for the community.

Judge Upholds Wisconsin DNR Permit

On February 13, 2026, an administrative law judge ruled in favor of the Wisconsin Department of Natural Resources (DNR), upholding the permit granted to Enbridge in 2025 for the pipeline reroute Earthjustice. The DNR determined the project met the necessary environmental standards, a conclusion contested by the Bad River Band and environmental organizations.

Opposition and Planned Appeals

The Bad River Band Chairwoman Elizabeth Arbuckle expressed disappointment with the decision, stating the watershed is “not an oil pipeline corridor” and that the Band will appeal the ruling. Environmental groups, including Clean Wisconsin and Earthjustice, echoed these concerns, citing underestimated ecological impacts and Enbridge’s history of environmental violations Earthjustice.

Federal Government Involvement

The federal government has also weighed in on the Line 5 pipeline. In early February 2026, the Justice Department urged a federal judge to pause an order requiring Enbridge to halt operations on a portion of the pipeline on the Bad River Reservation E&E News. The DOJ argued that shutting down the pipeline would disrupt the U.S. Energy supply and increase costs for consumers. This action aligns with previous support from the Trump administration for Enbridge’s efforts to keep the pipeline operational Bloomberg Law.

Broader Regulatory Trends

The Line 5 dispute occurs within a broader context of shifting federal regulations regarding water quality and project reviews. Proposed changes by the Environmental Protection Agency (EPA) could limit the power of states and tribes to review projects impacting waterways Wisconsin Public Radio. These proposed rules, similar to those enacted during the Trump administration, would focus state and tribal reviews on direct discharges into waterways, rather than the overall environmental impact of a project.

Key Takeaways

• An administrative law judge upheld a Wisconsin DNR permit for the Line 5 pipeline reroute.
• The Bad River Band and environmental groups plan to appeal the decision, citing environmental and treaty concerns.
• The federal government has intervened to support Enbridge’s operation of the pipeline, citing energy security concerns.
• Proposed EPA rule changes could reduce the authority of states and tribes to regulate water quality.