Legal Challenge to Line 5 Pipeline Set to Begin in Ashland

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A critical point in our fight to block permits for new construction on Enbridge Line 5 is fast approaching.

On Tuesday, August 12, legal proceedings will begin in Ashland in our case challenging state permits and other regulatory approvals for a new 41-mile segment of Enbridge Energy’s Line 5 oil pipeline in northern Wisconsin. 

MEA is taking legal action on behalf of three groups – Sierra Club Wisconsin, the League of Women Voters of Wisconsin and 350 Wisconsin. Clean Wisconsin and the Bad River Band of Lake Superior Chippewa are also challenging the permits.

We’re taking legal action because Enbridge’s plans for trenching, blasting, drilling, dewatering and backfilling would cause significant long-term harm to Wisconsin waterways and wetlands.

But Line 5 endangers more than just our water. It also threatens our climate and the health of current and future generations. 

That’s why we’re doing everything we can to make sure this dangerous pipeline project doesn’t move forward.

Here’s a look at what’s ahead.

Line 5 Contested Case Hearing Schedule

August 12 in Ashland
Opening statements & public testimony
Location: Northwood Technical College Conference Center, 2100 Beaser Avenue, Ashland, WI

September 3 in Madison
Public testimony (individuals must sign up to speak on Aug. 12 in person or via Teams)
Location: Hill Farms State Office Building, Room S149, 4822 Madison Yards Way, Madison, WI

September 4 – 12 in Madison
MEA (on behalf of Sierra Club, 350 Wisconsin and League of Women Voters) and Clean Wisconsin will present their case
Location: Hill Farms State Office Building, Room S149, 4822 Madison Yards Way, Madison, WI

September 15 – 19 in Ashland
The Bad River Band of Lake Superior Chippewa will present its case
Location: Northwood Technical College Conference Center, 2100 Beaser Avenue, Ashland, WI

September 22 – 26 in Madison
Enbridge will present its case
Location: Hill Farms State Office Building, Room S149, 4822 Madison Yards Way, Madison, WI

September 29 – October 3 in Madison
DNR will present its case
Location: Hill Farms State Office Building, Room S149, 4822 Madison Yards Way, Madison, WI

FAQs

What kind of legal action is MEA taking?

In January 2024, the Wisconsin Department of Natural Resources (DNR) granted our petition for a contested case hearing on the Line 5 permits. The contested case hearing starts August 12.

What is a contested case hearing? 

A contested case hearing is similar to a court trial. A hearing examiner, also known as an administrative law judge, runs the hearing much like a judge runs a trial. The parties can make opening statements, present evidence, call witnesses and make closing arguments.

What is at issue in this case? 

Permits and other regulatory approvals issued by the DNR are being challenged. They include:

  • a wetland fill and waterway crossing permit
  • a decision to convey coverage under the department’s General Permit for Construction Site Storm Water Discharge
  • a determination that the project will meet State of Wisconsin water quality standards. 
Who is involved in the contested case hearing?
  • Midwest Environmental Advocates (on behalf of Sierra Club, the League of Women Voters of Wisconsin and 350 Wisconsin) 
  • Clean Wisconsin 
  • Bad River Band of Lake Superior Chippewa 
Can members of the public observe the hearing? 

Yes. Members of the public may observe the hearing in person on August 12 in Ashland and on September 3 in Madison. The entire hearing may also be observed by video and telephone via Microsoft Teams. To connect by video, use Teams on the web or the Teams app, then enter the Meeting ID: 247 227 844 895 and passcode: aK6Bt7Ye. To connect by phone, dial 1-608-571-2209, and then enter the Meeting ID: 589 521 165# when prompted. 

Can members of the public speak during the hearing?

Yes. Public testimony may be given in person on August 12 in Ashland and on September 3 in Madison. Members of the public who choose to testify must do so in person and are open to cross-examination by Enbridge attorneys. If you wish to testify in either Ashland or Madison, you must register at the start of the hearing on August 12. You may register in person or using the Teams link above.

How can I learn more?

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