Line 5 Legal Battle Continues: Environmental Groups File Petition for Judicial Review of Permit Decision

Madison, WI—Yesterday environmental groups filed a petition for judicial review of an administrative law judge’s decision upholding state permits for Enbridge’s controversial Line 5 reroute project in northern Wisconsin. The groups also filed a motion seeking an immediate stay on construction activities pending a final decision in the case and a brief in support of the motion.

The petition was filed in Iron County Circuit Court by Clean Wisconsin and by nonprofit law firm Midwest Environmental Advocates (MEA), which represents Sierra Club, 350 Wisconsin and League of Women Voters of Wisconsin. The Bad River Band of Lake Superior Chippewa filed a similar petition on Friday, February 20.

The petition challenges a February 13 administrative ruling that affirmed the Wisconsin Department of Natural Resources’ (DNR) decision to issue permits allowing Enbridge Energy to build a new 41-mile segment of pipeline around the Bad River Reservation. An administrative law judge upheld the permits despite extensive evidence presented during a six-week contested case hearing showing significant risks to waterways, wetlands, and Ojibwe treaty-protected resources.

“We are more committed than ever to protecting Wisconsin’s waters from the irreversible harm this project threatens to cause. We believe the administrative ruling incorrectly decided critical legal and factual issues, and we are confident that our efforts to hold DNR and Enbridge accountable to Wisconsin’s environmental laws will ultimately be vindicated,” said Midwest Environmental Advocates Senior Staff Attorney Rob Lee.

During the contested case hearing, attorneys and expert witnesses presented extensive evidence showing that the DNR failed to adequately evaluate the environmental risks posed by Enbridge’s construction plans. Scientific experts testified that methods such as trenching, blasting, and horizontal directional drilling could cause serious damage to wetlands and waterways. They also criticized Enbridge for submitting incomplete and confusing data as part of its permit application.

“The record developed during the hearing shows that the DNR failed to comply with state law and its obligation to protect our wetlands and waterways. The ALJ’s decision failed to reflect that factual record and also misapplied our laws,” said Clean Wisconsin Staff Attorney Evan Feinauer. “This petition for judicial review is how we get those errors reversed and ensure that environmental standards are properly applied.”

Elizabeth Ward, Sierra Club Wisconsin Chapter Director said, “Line 5 is a threat to our water, Tribal sovereignty, and our climate. It must be shut down. The reroute does not eliminate any of those threats, and worsens some of them. The DNR has neglected its duty to fully account for the environmental harm the Line 5 reroute project will cause Wisconsin’s lakes, river, and wetlands. In permitting the reroute, DNR is greenlighting more pollution to allow Enbridge to make money off of an aging pipeline that puts our water at risk.”

Debra Cronmiller, Executive Director of the League of Women Voters of Wisconsin said, “Wisconsinites expect decisions about major infrastructure projects to be transparent, evidence-based, and consistent with the law. This is about ensuring that our state follows a fair and rigorous process, protects our natural resources, and honors its obligations to Tribal nations and future generations.”

Emily Park, Co-Executive Director of 350 Wisconsin said, “Line 5 is an aging pipeline that threatens clean water and worsens the climate crisis. Instead of doubling down on risky fossil fuel infrastructure, Wisconsin should be investing in safe, clean energy solutions. We’re proud to stand with our partners to protect our waters and build a healthier future.”

NOTE: This press release was submitted to Urban Milwaukee and was not written by an Urban Milwaukee writer. While it is believed to be reliable, Urban Milwaukee does not guarantee its accuracy or completeness.