Megan Wittman, megan.wittman@sierraclub.org
WISCONSIN – Another frac-out on Enbridge’s Line 5 reroute construction has been reported at Trout Brook in Marengo, Wisconsin. It is only the latest frac out– or drilling fluid spill– Enbridge has caused during reroute construction, following a 1,900 gallon spill earlier this summer. As reroute construction continues, the entirety of the Bad River Reservation, treasured places like Copper Falls State Park, and hundreds of bodies of water remain at risk to more frac outs, which could leach into drinking water and recreational areas.
“This frac-out occurred on the same week that Enbridge sat in court and told the Judge that our concerns about the reroute construction and permit weren't warranted because the record was really long and the project was complicated,” said Elizabeth Ward, Sierra Club Wisconsin Chapter Director. “This summer there have already been multiple frac-outs, potentially contaminating nearby and downstream water and wetlands. Devastating impacts of the Line 3 construction in Minnesota are still surfacing years later – we can’t let this happen to Wisconsin as well.”
The frac-out occurred on Tuesday and yesterday, the Bad River Band, Environmental Petitioners, Enbridge and the Wisconsin Department of Justice, on behalf of the Wisconsin Department of Natural Resources, presented oral arguments in front of Judge John P. Anderson in the case regarding Enbridge’s Line 5 reroute proposal. The hearing kicked off with John Petoskey, Earthjustice attorney for the Bad River Band, reminding the court that:
“This case is about the public trust waters and about a tribe trying to protect its homelands.”
In the hearing, attorneys for the Sierra Club and a number of other environmental groups and the Bad River Band made a strong case for overturning Enbridge’s reroute permits because DNR violated Wisconsin's protective wetland and water laws and failed to fulfill its public trust duty under the state constitution. Enbridge’s main counterargument cited the extent of DNR’s review and number of pages in the record as reasons why these concerns were unnecessary.
The parties will submit simultaneous post-hearing briefs by September 11, and Judge Anderson will then have 90 days to make a decision in the case. Photos were not allowed in the courtroom, but professional sketches from the hearing are available upon request.
Sierra Club also published a new summary this week uplifting the work local monitors have done to document Enbridge’s construction impacts. The summary, Destruction and intimidation: Enbridge's Line 5 construction impacts so far documents the mid-construction impacts, including intimidation of water monitors, frac-outs, and permit violations. These impacts continue to change, as demonstrated by the latest frac-out.
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