MADISON – Testimony on the contested reroute of Enbridge’s Line 5 pipeline in northern Wisconsin continued this week, with environmental attorneys arguing the project could cause irreparable harm to the state’s natural resources.
The case is being watched closely throughout the region.
For the tribe and environmental groups, such as Clean Wisconsin and Midwest Envrionmental Advocates, this is likely one of the final opportunities to halt the project.
For Enbridge, it’s an opportunity to finally get clearance to reroute Line 5 around the Bad River Band of Lake Superior Chippewa’s reservation. The Canadian energy giant is under a June 2026 court-ordered deadline to get the pipeline off the Bad River Band land — although that decision could also get overturned.
The state Department of Natural Resources issued permits last year approving the plan to reroute the aging pipeline. This case is the result of a challenge to those permits — in particular, whether the agency followed state law.
Hearings will last for seven weeks, with the next round of testimony once again taking place in Ashland.
Here’s what you should know about the day of arguments in Madison.
Environmental groups highlight concerns over permitting
Held in Madison at the Department of Administration’s Hill Farms office, Wednesday’s arguments before Administrative Law Judge Angela Chaput Foy drew a crowd.
Anya Janssen, an attorney with Midwest Environmental Advocates, said that when the DNR approved the permits, Enbridge asserted the impact to water and wetlands would be minimal and temporary. Janssen argued the DNR did not gather and assess adequate baseline water quality data to make that determination. Without that data, there would be no way to determine the impact to wetlands.
Brett Korte, an attorney with Clean Wisconsin, said lawmakers over decades have created rules to protect Wisconsin water and the DNR must uphold those protections.
“The Wisconsin Constitution protects the public’s ability to do the things we like to do in Wisconsin, to swim and fish and boat and enjoy these resources,” he said. “One thing that’s really unique about the resources that would be impacted by the Line 5 reroute is that they are part of a really special watershed that feeds right into Lake Superior, which is one of the treasures of the state.”
Final public comment accepted
Prior to the legal arguments, Chaput Foy listened to testimony from Wisconsin residents — the last chance for public comment that began at the first hearing on the case, in late August in Ashland.
Connor Kaeb, the associate manager of government relations for the agricultural cooperative GrowMark, spoke in favor of the reroute, saying the industry depends on the energy that Line 5 transports from Canada and into the United States.
“Farmers rely on propane for a wide variety of purposes, including drying grain, powering irrigation pumps and heating livestock, nursery or greenhouse buildings,” he said. “These are uses for which, in many cases, no viable alternatives exist.”
Waiting on shipments to arrive via train or truck could devastate farmers, he said.
“Running out of propane could be tremendously harmful for their well-being, their lifestyle, for the safety of our communities, the stability of our agricultural economy and the reliability of our energy infrastructure,” Kaeb said.
Other public speakers, like Tabitha Fader, said the reroute would cause irreparable harm if wetlands and rivers were polluted during pipeline construction or in the event of a spill. She said a survey she participated in indicated endangered and threatened species in the area of the reroute.
She also expressed concern over the lack of consideration for tribal soverignty.
“The permits for this project were granted based on insufficient reports,” she said.
Press conference highlights support for project, union involvement
On the day before Wednesday’s hearing, the Wisconsin Jobs and Energy Coalition, an advocacy group pushing for the construction of Line 5, held a media conference in Madison focused on the promised 700 jobs the pipeline construction will bring to Wisconsin.
“We know we can be sure this project can be done safely and without negative impact to the environment we all cherish so much,” said Mark Graul, spokesperson for the coalition. “And we have men and women here who are ready to get to work.”
Graul contended the DNR review of the permits was one of the most extensive in state history, and those concerned about the environment should know union members are trained to ensure no mistakes happen.
Doug Edwards, the business manager for Steamfitters Local 601 in Madison, said the Wisconsin trade members hired for the project will be highly skilled.
“We train some of the best welders here at 601, and the welders that will be welding on this pipeline, rest assured, will be some of the best welders in the world,” he said.
What comes next?
Environmental groups will continue this round of arguments in Madison through Sept. 12.
After that, the Bad River Band of Lake Superior Chippewa will present its case in Ashland from Sept. 15 through 19.
Back in Madison, Enbridge will make its case on Sept. 22 through 26. The DNR will present its case in Madison as well, from Sept. 29 through Oct. 3.
The public can observe the hearing in person, or virtually via Microsoft Teams. To connect by video, use Teams on the web or 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 521165# when prompted.
Laura Schulte can be reached at leschulte@jrn.com and on X @SchulteLaura.
This article originally appeared on Milwaukee Journal Sentinel: Environmental groups begin testimony against Line 5 pipeline reroute, as key hearings continue
Reporting by Laura Schulte, Milwaukee Journal Sentinel / Milwaukee Journal Sentinel
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