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Trench in dirt with a segment of pipe, and another segment sitting above awaiting placement

Controversial Line 5 project faces more legal action in Wisconsin

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Judith Ruiz-Branch

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(Wisconsin News Connection) A legal challenge is expected since the Wisconsin Department of Natural Resources has granted key permit approvals to a Canadian energy company to reroute its controversial Line 5 pipeline in northern Wisconsin.

The DNR's approval allows Enbridge Energy to begin preparations for the rerouting project.

Stephanie Tsosie, staff attorney for Earthjustice, represents the Bad River Band of Lake Superior Chippewa Tribe, whose lands have been directly affected by Line 5 for years. She said Enbridge still needs federal approval to move forward with construction.

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"This is not a foregone conclusion that Enbridge is going to have this pipeline operating," Tsosie pointed out. "There's a lot of processes, there's a lot of approvals, and this is just one of them. And we're ready to stand with the Band and figure out ways to make sure that, whatever approvals there are, that they comply with the law."

She explained the current line is illegally trespassing on tribal lands. Enbridge's solution is to add 41 miles to reroute it, which would still have dire consequences in the event of an oil spill. A pending lawsuit by the tribe to have the line completely removed from its lands awaits a federal court decision which could halt the project entirely.

Labor groups favor the jobs the Line 5 project could bring to the state, and industry and ag groups rely on the fossil fuels the pipeline transports. Environmental groups countered the risk of oil spills and damage to waterways and wildlife is paramount.

Evan Feinauer, staff attorney for Clean Wisconsin, said the debate misses the bigger picture by ignoring the current climate threats and their generational consequences.

"I just hope that people can hold that long-term view in their heads and think about people beyond themselves, including people who are children today or not even born yet," Feinauer asserted. "Think about the world that they're going to have to inherit. And that includes all of our choices, including our mistakes."

He added Clean Wisconsin will take legal action to challenge the DNR-issued permits for Line 5 and ask for construction to be paused until it is resolved. Enbridge said the rerouting project would create more than 700 jobs, many for tribal members, and provide millions in tax revenue to the state.