On Friday, February 28, an administrative law judge issued an order extending a stay on Line 5 construction while a legal challenge brought by MEA and partner organizations is pending.
In December, MEA filed a petition for a contested case hearing challenging state regulatory approvals for Enbridge Energy’s controversial plan to build a new 41-mile segment of its Line 5 oil pipeline near the Bad River Reservation in northern Wisconsin.
In January, the Wisconsin Department of Natural Resources (DNR) granted MEA’s petition, which we filed on behalf of Sierra Club, the League of Women Voters of Wisconsin and 350 Wisconsin and submitted jointly with Clean Wisconsin. In granting the petition, the DNR recognized MEA’s request for a temporary stay on permits and other project approvals and noted the stay would be in effect until the case was referred to an administrative law judge.
The order issued by Administrative Law Judge Angela Chaput Foy on Friday extends the stay and prevents Enbridge from moving forward with any construction-related activities pending the outcome of the contested case hearing. Judge Foy wrote:
“The Petitioners have made compelling arguments that support the continuation of the stays. It is necessary to avoid the likelihood of significant adverse impacts to the environment should the permitted project and/or discharge be allowed to proceed during the pendency of this proceeding.”
A contested case hearing, also known as an administrative hearing, is conducted by the Division of Hearings and Appeals and is similar to a court trial. MEA’s legal team is currently preparing for the contested case hearing, which is expected to begin sometime in late spring or early summer of this year.
Learn more about our Line 5 work here.
