An administrative law judge upheld the Wisconsin Department of Natural Resources' approval of Enbridge’s Line 5 reroute project.
One of the attorney’s representing the Bad River band feels such decisions endanger important public resources.
John Petoskey, senior associate attorney for Earthjustice, one of the lawyers representing the Bad River Band, said the significance of the affected area cannot be overstated and decisions like these continue to endanger important public rights and resources.
"Nobody is standing up against Enbridge in the way that they should," Petoskey contended. "This is part of a broader trend at reducing environmental quality and eliminating protections for health and welfare for profit."
The Band is challenging the decision and has filed a petition for judicial review and a motion to halt any construction. Enbridge has argued the ruling validates that the DNR conducted a thorough review of the project and correctly issued the necessary permits.
Despite ongoing hurdles since the pipeline was built in 1953, Petoskey emphasized the Band has remained resilient in their resolve. They have been actively fighting the project through multiple legal avenues, including contested case proceedings and federal court actions.
"Throughout that time, there have been ebbs and flows in the ability of the band to have a say in how it's going to live its life," Petoskey observed. "I'm part of a bigger movement here, toward sustainability, toward giving power back to people, but we're still fighting."
Even though the latest ruling ultimately favored Enbridge, administrative law judge Angela Chaput Foy did order four modifications to the firm’s wetlands permit, including monitoring of wetland restoration after construction.
