Midwest Environmental Advocates: Wisconsin environmental regulators call Line 5 pipeline construction “unauthorized” and tell Enbridge to stop work in the wake of massive pipeline spill

Agency issues Notice of Noncompliance, says Enbridge began building bypass around spill site despite repeated warnings that permits were required

Madison, WI—The Wisconsin Department of Natural Resources (DNR) has told Enbridge to halt construction of a temporary bypass intended to allow Line 5 to restart following last month’s massive natural gas liquids spill in Iron County. The agency says Enbridge began work despite repeated warnings that the project required permits and other authorizations.

In a September 9 letter to Enbridge, DNR Secretary Karen Hyun said the agency is “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.

When DNR staff inspected the site on September 8 and 9, they observed construction activities including matting placed in wetlands, land disturbance outside the scope of the existing stormwater permit, three bridges placed across an unnamed tributary to Spoon Creek, and erosion-control measures that were insufficient to prevent sediment from entering adjacent waters.

DNR determined that the work is outside the scope of Enbridge’s existing Line 5 reroute permits and that the company did not have authorization to conduct the work.

“Enbridge knew it needed authorization before it started this work. The DNR told the company that repeatedly. Enbridge went ahead anyway. That shows extraordinary disregard for Wisconsin’s environmental laws and for the state agency charged with enforcing them,” said MEA Senior Staff Attorney Rob Lee. 

Secretary Hyun’s letter also makes clear that the agency is concerned about Enbridge’s apparent priority of restarting Line 5 while environmental impacts from the August 25 rupture remain unresolved. Hyun specifically cited the need to restore the environment and minimize the harmful effects of the discharge, including what she described as the “significant discharge of VOCs to the air.”

“Enbridge cannot simply decide that getting Line 5 back in service is more important than following Wisconsin law,” said Lee. “They’ve been out there moving earth, crossing waterways and disturbing wetlands without permits. They need to stop treating environmental requirements as obstacles to work around and start following the law. If they don’t, DNR should revoke the permits for the reroute.”