Bad River Band Sues to Protect Wild Rice from Pipeline

The Bad River Band of Lake Superior Chippewa has initiated legal action against the United States Army Corps of Engineers to prevent construction of a 41-mile pipeline extension by Enbridge. This project threatens vital wild rice habitats in the Great Lakes region of Wisconsin.

Wild rice, or manoomin in Ojibwe, flowers in August and supports traditional harvesting practices essential to the tribe. The lawsuit contends that the permit fails to adhere to environmental laws, risking pollution in waterways connected to the Bad River Reservation.

Historical tensions stem from Enbridge's pipeline operations across reservation lands without tribal consultation, violating treaties from 1842 and 1854. Recent spills by the company amplify concerns over ecosystem damage.

In the Great Lakes region, wild rice harvesting begins around August when temperatures rise, prompting the plant to flower. Stalks reach heights of 10 feet in shallow waters, and seeds are knocked loose using sticks and poles into boats or canoes.

This annual harvest holds critical importance for the Ojibwe people, including the Bad River Band, one of six bands in northern Wisconsin. The practice sustains cultural traditions tied to the land and waters.

Threats to Traditional Practices

The proposed pipeline reroute by Enbridge targets areas essential for these activities. The lawsuit states: “For hundreds of years, and to this day, the Band’s ancestors and members have lived, hunted, fished, trapped, gathered, and engaged in traditional activities in the wetlands and waters to be crossed by the project.”

Any disruption could jeopardize the watershed and ecosystem relied upon for wild rice and fishing, underscoring the intersection of environmental protection and indigenous rights.

The Bad River Band filed suit following the USACE's October permit granting Enbridge approval for the Line 5 addition. This 41-mile segment seeks to avoid the reservation but crosses numerous waterways.

Earthjustice, representing the tribe, asserts the permit does not comply with the National Environmental Policy Act and Clean Water Act. The pipeline would traverse streams flowing onto reservation lands, with potential leaks endangering the local environment.

Construction Methods and Impacts

Building the extension involves explosives and horizontal drilling, affecting at least 70 waterways. Such methods heighten risks to sensitive habitats used for harvesting and fishing.

In 2023, under the Biden administration, USACE opted for an environmental assessment instead of a full impact study. Assessments expedite reviews but lack the depth of studies, which include thorough tribal consultations on treaty rights, cultural resources, and water access.

Line 5 has operated for over 70 years, transporting oil from western to eastern Canada. In the 1950s, Enbridge installed 12 miles of pipeline across the 124,655-acre Bad River Reservation without tribal discussions, despite treaties from 1842 and 1854 securing rights to hunt, gather, and fish.

In 2019, the band sued to end these operations, resulting in a 2023 federal ruling. The decision mandated pipeline removal within three years and imposed a $5.1 million fine for trespassing.

Past Environmental Incidents

Enbridge's record includes major spills. In 2010, over one million gallons of oil flooded Michigan's Kalamazoo River, the largest inland spill in U.S. history from their pipelines.

Last year, Wisconsin experienced its largest spill, with approximately 69,000 gallons released near a southern rural town. Initially reported as two gallons, the full extent was disclosed a month later.

• 2010 Kalamazoo River spill: Exceeded one million gallons.
• 2024 Wisconsin spill: 69,000 gallons, underreported initially.
• Line 5's age: Over 70 years, fueling legal battles with tribes.

The dispute extends beyond Wisconsin. In Michigan, Enbridge faces opposition from tribes and officials over a 5-mile segment under the Great Lakes replacing a 72-year-old Line 5 section. A federal judge recently blocked state shutdown efforts, deeming safety a federal matter.

In March, under the Trump administration's energy emergency, USACE fast-tracked a permit, bypassing laws like the National Environmental Policy Act. Seven tribal nations then withdrew from talks due to inadequate engagement.

Enbridge's Response and Ongoing Litigation

A spokesperson for Enbridge stated: “Until the permit is signed, USACE has not engaged in a judicially reviewable final agency action. Enbridge will move to intervene in the lawsuit and defend the USACE’s forthcoming permit decision.”

The band also sued the Wisconsin Department of Natural Resources over state permitting. Gussie Lord, an Earthjustice attorney and Oneida Nation member, noted: “Oil and gas contribute to pollution in a number of ways, and the Trump administration is focused on energy dominance. It’s cut out renewable energy from the equation to the extent it can, and it just really feels like a backward-looking playbook to me.”

Lord added that litigation presents challenges but aligns with the band's duty to protect the watershed. “We need people who are going to be thinking about what makes sense, for the future, not just 10 years from now, but 50 years, 100 years from now,” she said.

This case highlights tensions between energy infrastructure and indigenous treaty rights, with potential long-term effects on Great Lakes ecosystems and tribal sovereignty.