The Wisconsin Department of Natural Resources (DNR) has decided to issue an individual wetlands and waterways permit to Canadian oil and gas company Enbridge as the company seeks to relocate its Line 5 pipeline. will also be issued to the company for the construction of rainwater treatment sites and pollution discharge elimination systems. The state agency’s decision is the latest development in the contested operation of Line 5 in Wisconsin.

A DNR press release states that the wetland permit authorizes specific construction-related activities that may impact waterways and wetlands. The permit contains “more than 200 conditions to ensure compliance with state wetlands and waterways standards,” according to the DNR. Building permits for stormwater treatment sites also involve “specific erosion control and water quality protection plans.”

The DNR and the U.S. Army Corps of Engineers must approve permits before the project can begin. Enbridge may also need to obtain other permits regarding groundwater, burning and incidental take of species listed as threatened or endangered. Enbridge will also have to apply for a permit from the U.S. Army Corps of Engineers to discharge dredged or fill material into waterways, which is required under the Clean Water Act. The DNR issued a water quality certification “which serves to determine that the project as proposed will meet the water quality standards of the State of Wisconsin.” The U.S. Army Corps of Engineers will also need to consider Wisconsin’s water quality certification as part of the permitting process.

The announcement received praise from the Wisconsin Building Trades Council, a union with more than 40,000 members. Emily Pritzkow, the union’s executive director, released a statement saying the decision “reflects an intentional and balanced approach to meeting the state’s energy infrastructure needs while ensuring responsible environmental stewardship.” Calling the relocation of Line 5 “a victory for Wisconsin workers, Wisconsin families and Wisconsin’s economy,” Pritzkow said the rerouting “ensures operation with the highest safety standards by incorporating advanced technology and state-of-the-art construction practices.” Pritzkow added, “Together we can meet Wisconsin’s infrastructure needs while protecting the natural resources that make our state great. »

Plans to reroute Line 5 have been debated for years. In 2019, when the Bad River Band of Lake Superior Chippewa filed a federal lawsuit to remove the pipeline from the tribe’s reservation, a judge determined that the company had trespassed on the band’s land. Bad River and ordered the pipeline removed within three years. . Although the decision was a victory for the Bad River Band, the tribe argues that Line 5’s altered route still passes through the Bad River watershed and therefore still poses a threat to the tribe’s natural resources.

End of AugustThe U.S. Army Corps of Engineers received more than 150,000 public comments opposing continued operation of Line 5. Almost a month laterThe MNR issued a final environmental impact statement on the rerouting plan, which in itself was a necessary step for Enbridge to receive the permits it needed to move the pipeline.

Opponents of the decades-old pipeline were unhappy with the DNR’s decision to issue permits to Enbridge. “I am angry that the DNR has approved a half-baked plan that promises to be disastrous for our homeland and our way of life,” Bad River Band Chairman Robert Blanchard said in a statement. “We will continue to sound the alarm to prevent another Enbridge pipeline from endangering our watershed. »

Stefanie Tsosie, who helps represent the Bad River Band as senior counsel at Earthjustice, said in a statement that the DNR “chose to serve Enbridge’s interests at the expense of the Bad River Band’s treaty rights.” Bad River and the State’s Future Drinking Water Supply. Tsosie added: “It is sad that they are willing to jeopardize the region’s irreplaceable wetlands, wild rice fields and even Lake Superior to secure Enbridge’s cash flow. »

Clean Wisconsin plans to challenge the permit issuances in court. “Wisconsin law makes clear that projects causing harm to our waters must meet a high standard to move forward,” said Evan Feinauer, attorney for Clean Wisconsin. “Given the enormous impacts that construction of this pipeline would cause, we are skeptical that the proposed project meets these legal standards.” Pipeline opponents also point out that building the detour would involve clearing trees, trenching, filling wetlands and other activities that could disrupt vulnerable ecosystems in northern Wisconsin.

“We will evaluate what actions are necessary to protect our state,” Feinauer said.

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