A post marks where Enbridge’s Line 5 crosses the reservation of the Bad River Band of Lake Superior Chippewa in June 2022. The Canadian energy firm is proposing to reroute Line 5 for 41 miles around the tribe’s reservation. (Danielle Kaeding/Wisconsin Public Radio)

Canadian energy firm Enbridge can keep building a new stretch of its Line 5 oil and gas pipeline in northern Wisconsin except in waterways where the company needs additional permits, a Bayfield County judge ruled Friday.

The decision is largely a win for Enbridge and its embattled project to reroute Line 5 around the Bad River Tribe’s Reservation in northern Wisconsin. The judge, however, granted a partial victory to the tribe and environmental groups who sued for review of a decision upholding state approvals for the reroute. In February, an administrative law judge upheld permits issued by the Wisconsin Department of Natural Resources for the project.

In Friday’s order, Bayfield County Circuit Court Judge John Anderson said the tribe and groups failed to persuade him that he should pause approvals for the project altogether.

“Enbridge’s permits previously granted are stayed only in relation to work areas along Line 5 for which Enbridge is required to obtain additional permits,” Anderson wrote.

The tribe and environmental groups argued Enbridge was ineligible to obtain permits to install structures in certain rivers and streams because the company didn’t own the land next to those waterways. The judge agreed the practice under which the company is now obtaining permits at four waterway crossings “may be on tenuous legal footing.”

In a statement, Bad River Tribal Chairwoman Elizabeth Arbuckle said she is happy with the judge’s decision to halt some work on Enbridge’s reroute of Line 5.

“We are bound by a need and desire for clean water to drink, a clean environment for animals and plants to thrive in, and a commitment to the highest quality of life for our people,” Arbuckle wrote. “We hope the Court will keep the stay in place and hear us out fully in the weeks to come.”

Enbridge spokesperson Juli Kellner called the ruling an important decision that allows the company’s work to continue, saying Line 5 delivers fuel that’s critical for Midwest refineries.

“State permits for the project were approved after an exhaustive four-year review by the Wisconsin Department of Natural Resources and then upheld after a year-long independent review by an administrative law judge. Federal permits have also been received from the U.S. Army Corps of Engineers,” Kellner wrote.

Under the ruling, Enbridge can’t move ahead with construction of permanent structures to stabilize banks in four creeks where erosion could threaten water quality or exposure of new pipe that would be installed. The company and landowners applied for permits that have not yet been issued by the DNR.

Enbridge’s Line 5 carries up to 23 million gallons of oil daily from Superior across northern Wisconsin and Michigan — including through Dickinson and Iron counties — to Sarnia, Ontario.

The company proposed a 41-mile reroute of Line 5 after the Bad River Tribe sued in 2019 to shut down the pipeline on its lands. The project would cross about 200 waterways and affect around 100 acres of wetlands in Ashland and Iron counties.

The $450 million project has undergone years of review, protests, tens of thousands of comments and legal challenges. Proponents say the project would employ 700 union workers and contribute $135 million to Wisconsin’s economy. Opponents point to multiple spills on Enbridge pipelines including the release of almost 70,000 gallons of oil in Jefferson County in 2024.

In 2023, U.S. District Court Judge William Conley ordered Enbridge to shut down or reroute Line 5 around the Bad River reservation by mid-June this year and ordered the company to pay $5.15 million for trespassing on roughly 2 miles of tribal lands. Both the tribe and Enbridge appealed the decision.

In March, Conley paused his shutdown order until a federal appeals court issues a ruling, citing potential “devastating” impacts of a sudden shutdown.