Could the Wisconsin Supreme Court weigh in on the Enbridge Line 5 pipeline rerouting?
MADISON – Among court cases environmental advocates are watching as potentially reaching the Wisconsin Supreme Court in the coming years is one centered around the rerouting of a Northwoods fuel pipeline.
The legal action comes as Wisconsin concluded a hard-fought race for a seat on the Supreme Court, with Dane County Judge Susan Crawford defeating conservative Waukesha County Judge Brad Schimel and cementing a liberal majority on the court until at least 2028.
Last year, the DNR approved a permit for Enbridge Energy's reroute of the pipeline known as Line 5.
About 12 miles of the pipeline cuts through the Bad River Band of Lake Superior Chippewa's reservation. The easements for the land the pipeline is on have expired, which is why the company is planning to reroute it.
After the DNR announced its decision to permit the plan, several environmental organizations contested the decision, and arguments will be heard by an administrative law judge for that case. While the hearings in the contested case have not started, any decision could likely be appealed to a circuit court, setting the stage for a process that could wind up at the Supreme Court.
Evan Feinauer, an attorney with the group Clean Wisconsin, said the case could take years to reach that point, but the court could halt the pipeline or allow the reroute to continue.
Enbridge Energy, a Canadian company, is also awaiting a decision from the Army Corps of Engineers and two others: Michigan's Public Service Commission and Department of Environment, Great Lakes and Energy.
This article originally appeared on Milwaukee Journal Sentinel: Enbridge Line 5 pipeline reroute could get to Wisconsin Supreme Court
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