Environmental groups call out invalid Line 5 permit application: Enbridge is not eligible

Only landowners may apply for permits
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Megan Wittman, megan.wittman@sierraclub.org

MADISON, Wis. – Environmental organizations submitted formal comments to the Wisconsin Department of Natural Resources (DNR) opposing a series of applications for permits that would allow Enbridge Energy to do work at various stream crossings along the proposed Line 5 reroute. 

The comments were submitted by nonprofit environmental law firm Midwest Environmental Advocates (MEA) on behalf of Clean Wisconsin, the League of Women Voters of Wisconsin, Sierra Club Wisconsin and 350 Wisconsin. The organizations urged regulators to reject the permit applications because Enbridge cannot demonstrate eligibility under state law.

“Enbridge’s ongoing attempts to obtain permits that it is not legally eligible for demonstrate just how incomplete and flawed this proposal is,” said MEA Legal Fellow Skylar Harris.

Under state law, Enbridge is ineligible to apply for the permits to do streambed stabilization work because it does not own the land at those sites. Despite being ineligible, Enbridge reapplied for the permits after environmental groups pointed out the issue during a contested case hearing last fall. 

The 645-mile and 73-year-old pipeline has been at the center of a nationwide movement to protect the Great Lakes. Other state permits and approvals for the Line 5 reroute are being challenged in Circuit Court.

In response, Elizabeth Ward, Sierra Club Wisconsin Chapter Director, stated, “The fact that we’re commenting on re-submitted permit applications underscores the key issue here: only a riparian owner may apply for permits for this type of work, and Enbridge has made it clear that they are not a landowner. The issue is as simple as it gets. The Department of Natural Resources should deny these permits. Not only would it uphold the law, but it would protect nearby lands, waters and communities from damage that can’t be undone.”

Emily Park, 350 Wisconsin Co-Executive Director, stated, “Local landowners are the ones with actual connections to these lands and waters. Enbridge is not a local landowner, and should not be allowed to make decisions that will impact the communities who actually live near Line 5 and are directly affected by the pipeline's impacts to the local environment.” 

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About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.