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Analysis of the Bad River Band of Lake Superior Chippewa supporting the Band’s determination under CWA 401(a)(2) that the proposed Enbridge Line 5 Reroute will violate the Band’s water quality requirements.

Andre Segura, VP of Litigation at Earthjustice, and Stefanie Tsosie, Senior Attorney in Earthjustice’s Tribal Partnerships Program, speak with Esty Dinur, host of “A Public Affair,” about the Trump administration’s attacks on the environment and the reconciliation bill.

Stefanie Tsosie, Attorney, Tribal Partnerships Program, Earthjustice: “There are no conditions that can be imposed on the project, as designed, that will ensure that it doesn’t violate the Bad River Band’s water quality standards. (The) standards are in place to protect human health, wildlife and aquatic life … the richness and the diversity of the…

Enbridge’s oil pipeline construction would pollute wetlands, rivers, and streams

The Line 5 oil pipeline is putting at risk the Great Lakes — the world’s largest surface freshwater system. The State of Michigan can still stop the construction.

Laura Berglan, Attorney, Tribal Partnerships Program: “We’re pleased that they withdrew their plan. That means that for now, the sacred sites are protected from drilling and that the community members can continue to use Ha’Kamwe’ in line with their spiritual and cultural practices.”

The Line 5 pipeline has already leaked over 1 million gallons of oil to date and threatens the Great Lakes. Time is running out to stop one company’s dangerous plans to keep the oil flowing.

Six Michigan Tribes withdrew from Line 5 federal discussions after learning that the U.S. Army Corps of Engineers will likely fast-track its approval for Enbridge’s massive oil tunnel project, in accordance with President Trump’s Executive Order declaring an “energy emergency.”

Gussie Lord, Managing Attorney, Tribal Partnerships Program: “There’s certainly a lot of trepidation in Indian Country because so many tribal programs rely on federal funding. These are absolutely legal obligations based on the federal trust responsibility.”

Stefanie Tsosie, Attorney, Tribal Partnerships Program: “The blasting materials themselves could be hazardous and introduce hazardous components to the water.”

Letter from the Bad River Band of Lake Superior Chippewa sent to the Environmental Protection Agency (EPA) with analysis showing that discharges from the proposed Line 5 reroute project will violate the Band’s water quality requirements by harming waters, aquatic resources, and wetlands.

Earthjustice and the Native American Rights Fund (NARF) represent the Nez Perce Tribe, Quinault Indian Nation, Bay Mills Indian Community, Puyallup Tribe of Indians, Lac du Flambeau Band of Lake Superior Chippewa Indians, Sokaogon Chippewa Community, Confederated Salish & Kootenai Tribes of the Flathead Reservation, Red Lake Band of Chippewa Indians, Fond du Lac Band of Lake Superior Chippewa, Grand Traverse Band of Ottawa and Chippewa Indians, and White Earth Band of the Minnesota Chippewa Tribe in this case.

Response from Canada on the merits of the petition filed by the Southeast Alaska Indigenous Transboundary Commission (SEITC), which requested that the Inter-American Commission on Human Rights order a temporary pause on reckless mining activity that is violating the Tribes’ human rights.

An internal memo circulated in January 2025 by Former Assistant Secretary of the Army (Civil Works) Jaime Pinkham directed the agency to assess the risk of oil spills from approving the Line 5 oil tunnel project, and to consider other alternatives in its review.

A letter from the Environmental Protection Agency (EPA) stating that Enbridge’s proposed Line 5 reroute project may affect the water quality of the Bad River Band of Lake Superior Chippewa.

The Bad River Band of Lake Superior is contesting the wetland and waterway permit that the Wisconsin Department of Natural Resources granted to Enbridge to construct the Line 5 reroute project.

The Canadian oil pipeline could destroy local waters, wildlife, and economy

The Bad River Band of Lake Superior Chippewa filed a lawsuit against the Wisconsin Department of Natural Resources (DNR) for producing an inadequate final Environmental Impact Statement on Enbridge’s proposed Line 5 reroute, violating the Wisconsin Environmental Protection Act.