Wisconsin Judge Orders Partial Freeze on Line 5 Construction

The Bad River Band of Lake Superior Chippewa has won a partial stay from Wisconsin’s Iron County Circuit Court immediately halting some of Enbridge’s construction activities on the Line 5 reroute project. Following a packed court hearing last month, Judge John P. Anderson ruled that Enbridge must cease all work at four waterway crossings and cannot recommence the work until the stay is lifted by the court. The Canadian oil pipeline giant announced the start of construction in late February, despite fierce ongoing legal challenges in state and federal courts mounted by environmental organizations and by the Band, whose reservation would be surrounded by the pipeline on three sides.

“We’re very happy the Court made such a quick and decisive action. This is a good day for Bad River and Lake Superior, both of which are in danger if the Enbridge reroute is allowed to proceed,” said Bad River Band Chairwoman Elizabeth Arbuckle. “I’m grateful for the support Bad River has received from other Tribes, our local neighbors, and people across the nation. To see such an outpouring of concern and solidarity from these disparate communities shows how at our core, 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.  We hope the Court will keep the stay in place and hear us out fully in the weeks to come.”

The Band is asking the Circuit Court to review an administrative law judge’s decision that upheld a key permit granted to Enbridge by the Wisconsin Department of Natural Resources (DNR). A second petition for judicial review was filed by Clean Wisconsin and by Midwest Environmental Advocates (MEA), which represents Sierra Club, 350 Wisconsin and League of Women Voters of Wisconsin. The Band and the environmental groups argue that the DNR’s permit was granted and then upheld in violation of state environmental laws, and have asked for a stay to halt construction immediately and until the legal claims can be heard.

“I’m relieved to have this partial construction freeze protecting the Band from further immediate harm,” said Earthjustice Senior Associate Attorney John Petoskey. “We trust the Court will agree that Wisconsin’s unlawful permitting decisions – which have ultimately put northern Wisconsin wetlands, waterways, and tribal nations at existential risk – deserve serious legal scrutiny.”

Enbridge aims to build 41 miles of new pipeline rerouting a section of Line 5 that currently trespasses on the Band’s reservation.  During a six-week contested case hearing last fall, attorneys and expert witnesses presented evidence showing that the DNR permitted the project without baseline data about the project’s immediate and long-term impacts. Construction would entail blasting, horizontal drilling, or trenching through at least 186 waterways and 101 acres of high-quality wetlands that drain into Lake Superior. The Band is also challenging the U.S. Army Corps’ permit for the project in federal court.

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