An administrative law judge has ordered some changes but upheld key state permits for Enbridge’s $450 million plan to reroute an oil and gas pipeline around the reservation of the Bad River Band of Lake Superior Chippewa.
In her decision, Administrative Law Judge Angela Chaput-Foy wrote the Wisconsin Department of Natural Resources met state requirements and permitting standards when it issued a wetland and waterway permit, stormwater permit and water quality certification for the Line 5 reroute.
“While the Band expresses concern regarding potential impacts, they have failed to provide evidence demonstrating that the authorized activities will, in fact, violate state water quality standards,” Foy wrote. “The fears that they express are fears; they lack evidence showing that these changes will occur and impact water quality.”
Foy went on to say that environmental groups also failed to show that more baseline data should be required to certify the project meets state water quality standards. Even so, Foy ordered four modifications to Enbridge’s wetlands permit.
Those changes affect monitoring of wetland restoration after construction. They also require more work to assess the risk of artesian aquifer breaches. Enbridge must also clarify it’s obtained a permit for taking a threatened plant in Wisconsin, as well as obtain a separate permit for stabilizing banks within waterways.
Rob Lee, an attorney with Midwest Environmental Advocates said in a statement there’s a “strong” case for appealing the decision. The group is weighing next steps.