The Bad River Band of Lake Superior Chippewa sued Enbridge Energy in July 2019, because easements allowing Enbridge to operate the pipeline have expired. As a result, Enbridge is planning to remove the pipeline from the Bad River reservation and reroute it, constructing 41 miles of new pipeline. Enbridge has asked the Wisconsin Public Service Commission (PSC) to grant the power of eminent domain to take private land in Ashland and Iron counties.
On May 21, 2020 a coalition of environmental organizations, indigenous groups and other organizations, along with individual landowners, filed requests asking the PSC to hold a contested hearing on the issue.
“No person living in Wisconsin can use this pipeline,” said Brian Jorde, an attorney representing the landowners. “No citizen, no person will directly benefit if it is constructed by taking my clients’ land.”