Madison, WI—A confrontation is escalating between Wisconsin regulators and Enbridge Energy over the company’s construction of a temporary bypass intended to allow its Line 5 pipeline to resume operation following a construction accident last month in Iron County that resulted in the largest reported oil and gas spill in Wisconsin history. 

On Thursday, the Wisconsin Department of Natural Resources (DNR) told Enbridge to halt work on the bypass, finding that the company had begun construction without the required authorization. Enbridge has continued building anyway and says the bypass remains on track for completion and a September 12 restart. 

Enbridge’s refusal to stop construction means the Evers Administration must now decide whether it will allow open defiance of Wisconsin law.  

In a September 9 letter, DNR Secretary Karen Hyun said the agency was “deeply concerned and incredibly frustrated” by Enbridge’s actions in Wisconsin and accused the company of demonstrating “disregard for the environment, human health, and the statutory authority of the department.”  

According to the letter and an accompanying Notice of Noncompliance, Enbridge began construction of a temporary bypass around Mainline Valve 7 near Saxon even though the company had been told multiple times that it needed authorization before beginning work. 

Despite the DNR’s directive, Enbridge said in a September 10 update that it remained on schedule to restart Line 5 on September 12.  

The standoff comes as Midwest Environmental Advocates and its Tribal and environmental allies continue to challenge state permits for Enbridge’s Line 5 reroute in court. 

“Enbridge is racing to get Line 5 operating again by moving ahead with construction that has not been authorized,” said Midwest Environmental Advocates Communications Director Peg Sheaffer. “We are asking Governor Evers to Line 5 reroute permits. Enbridge does not get to set its own rules for when environmental laws apply.” 

DNR’s Notice of Noncompliance says the agency will continue to monitor the site, document additional violations and “may consider enforcement action as appropriate.” 

That leaves the Evers administration facing a consequential decision. If Enbridge completes the bypass despite DNR’s direction to halt construction, the administration will have to decide how it will respond. 

“This is a test of whether Wisconsin’s permitting requirements have any force when a company decides it won’t follow the law,” Sheaffer said. “Given Enbridge’s continued disregard for Wisconsin’s permitting requirements, the state’s next move should be to revoke the company’s Line 5 permits altogether.”