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Madison, WI — On Friday, February 28, Administrative Law Judge Angela Chaput Foy issued an order extending the stay on the construction of the controversial Line 5 oil pipeline in northern Wisconsin. The stay will remain in place while a legal challenge from Midwest Environmental Advocates (MEA) and its partner organizations is ongoing.
The case was initiated in December when MEA filed a petition for a contested case hearing challenging state permits and regulatory approvals for the proposed 41-mile segment of the Line 5 pipeline near the Bad River Reservation. MEA filed the petition on behalf of the Sierra Club, League of Women Voters of Wisconsin, 350 Wisconsin, and in collaboration with Clean Wisconsin.
In January, the Wisconsin Department of Natural Resources (DNR) approved MEA’s request, acknowledging the necessity of a temporary stay on permits and other approvals for the project until the case was referred to an administrative law judge. Judge Foy’s ruling on Friday extended this stay, effectively halting any further construction-related activities until the contested case hearing is resolved.
Judge Foy explained, “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.”
Rob Lee, staff attorney for Midwest Environmental Advocates, expressed the importance of this legal challenge in safeguarding the region's natural resources. "We filed this legal challenge because Enbridge’s plans will cause irreparable harm to numerous wetlands and waterways. Extending the stay on pipeline construction is critical to protecting northern Wisconsin’s water resources while our case is pending."
The project has raised environmental concerns due to its potential impact on the wetlands and waterways around the Bad River Reservation. Environmental advocates argue that allowing construction to proceed could lead to significant, irreversible damage to the area's delicate ecosystems.
The decision to extend the stay has been hailed as a victory for those concerned about the environmental risks associated with the pipeline. If construction were to move forward, it could lead to disruptions in local water resources, particularly impacting the surrounding communities and wildlife.
While Enbridge Energy has not yet responded to the court's order, the case continues to evolve as the legal challenge progresses. The outcome of this case will likely have broader implications for environmental protections and the oversight of large infrastructure projects in the state.
The legal challenge is expected to continue for several months, with both sides preparing for further hearings and legal arguments. For now, the extension of the stay ensures that construction on the pipeline is paused, offering hope to environmental groups that the pipeline’s potential impacts on Wisconsin’s natural resources can be thoroughly examined.
Learn more about the case and stay updated on developments here.
This ruling represents a significant moment in the ongoing debate over the environmental costs of large-scale oil pipeline projects and the importance of regulatory oversight to protect vulnerable ecosystems in Wisconsin. It also serves as a reminder of the power of legal action to delay or prevent potentially harmful development projects, especially in ecologically sensitive areas. As the legal process unfolds, the environmental community is closely watching for future developments in this case and other similar challenges across the country.
Originally reported by Midwest Environmental Advocates in Urban Milwaukee.