MADISON – An Iron County judge ordered a partial halt to the reconstruction of a controversial oil pipeline in northern Wisconsin, over concerns about impacts to four waterway crossings.
Judge John P. Anderson on May 15 ordered that construction by Enbridge Energy in those areas need to be paused, so that legal claims regarding permits issued by the Department of Natural Resources can be reviewed.
According to the ruling, additional permits will be needed for construction in those waterway areas, and no harm will come to Enbridge’s business at this point, because the existing pipeline is still in operation.
Anderson said that while those other permits are pending, construction should not move forward in areas around the waterways of concern, which was celebrated by the Bad River Band and environmental advocates.
“We’re very happy the Court made such a quick and decisive action,” said Bad River Band Chairwoman Elizabeth Arbuckle in a release. 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.”
Advocates hope that additional scrutiny will be applied to the permits issued by the state.
“I’m relieved to have this partial construction freeze protecting the Band from further immediate harm,” said Earthjustice Senior Associate Attorney John Petoskey in the release. “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.”
The ruling comes after a hearing last month that drew dozens in support for halting the construction.
On Feb. 13, Administrative Law Judge Angela Chaput Foy upheld DNR permits issued in 2024 allowing Enbridge Energy to move forward with plans to move its oil pipeline, Line 5, off the Bad River Reservation run in a horseshoe around its southern edge. The reservation hugs the shore of Lake Superior.
Later that month, Bad River Ojibwe officials asked the Iron County Circuit Court to reconsider that decision.
The Canadian energy giant first proposed its 41-mile reroute around the Bad River Band’s land in 2020. The new stretch of pipeline would go south of the Band’s land, farther inland into Ashland and Iron counties. It would go through Iron County State Forest, around Copper Falls State Park and cross more than 180 Lake Superior tributaries, including the Bad River.
A 2021 estimate suggested it would cost $450 million.
A spokesperson for Enbridge did not immediately respond to a request for comment.
Laura Schulte can be reached at leschulte@jrn.com and on X @SchulteLaura.
This article originally appeared on Milwaukee Journal Sentinel: Judge halts Enbridge pipeline work in Wisconsin waterways
Reporting by Laura Schulte, Milwaukee Journal Sentinel / Milwaukee Journal Sentinel
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