(The Center Square) – Enbridge cannot move forward with Line 5 construction until there is a resolution of a contested case filed in December.
Administrative Law Judge Angela Chaput Foy ruled the group of petitioners showed that continued work “would cause significant adverse impacts resulting in irreversible environmental harm” and therefore the case would need to reach its result before Enbridge can move forward on further work or permits.
The Bad River Band filed a pair of December challenges to a proposed Line 5 reroute that had been approved by the Wisconsin Department of Natural Resources and still requires federal approval from the U.S. Army Corps of Engineers.
The band is contesting the wetlands permit and filed a lawsuit against the Wisconsin DNR claiming it had an inadequate final Environmental Impact Statement that violates the Wisconsin Environmental Protection Act.
The Bad River Band is represented by Earthjustice while 350 Wisconsin, the League of Women Voters of Wisconsin and Sierra Club are represented by Midwest Environmental Advocates and Clean Wisconsin.
“We filed this legal challenge because Enbridge’s plans will cause irreparable harm to numerous wetlands and waterways,” said Rob Lee, Staff Attorney for Midwest Environmental Advocates. “Extending the stay on pipeline construction is critical to protecting northern Wisconsin’s water resources while our case is pending.”
Enbridge had argued that the plaintiffs failed to prove the stay was necessary to prevent significant adverse impacts or irreversible harm and that could only be proven by years of extensive study and analysis by technical experts.
It argued that the contested project was only approved after five years of testing and expert consultation.
