The Wisconsin Supreme Court will hear oral argument in the case of Enbridge v. Dane Co. at 1:30 pm on March 26. This is the culmination of a long battle that started with Dane County standing up to the behemoth pipeline company, and you won't want to miss it!
As you may remember, the saga began in 2014 when Enbridge applied for a permit to build a pumping station in Dane County in order to triple the amount of oil flowing through its Line 61 pipeline. This expansion was a huge concern for residents across Dane County and the state because it’s almost unprecedented for a tar sands oil pipeline to flow at such high pressure and carry such an enormous volume of oil.
Given heightened concerns about the impact of a potential spill on the community (as demonstrated by the Kalamazoo Spill in 2010), the Dane County Zoning and Land Regulation Committee required that Enbridge purchase additional insurance to ensure that if there were a spill, Dane County residents wouldn’t be on the hook for the clean-up costs.
An 11th-hour provision inserted in the 2015–17 state budget (Wis. Stat. § 59.70(25)) tried to block Dane County from requiring insurance. Enbridge sued the county, demanding that the insurance requirement be withdrawn. Seven landowners from the impacted region also filed suit, asserting that even if the budget provision barred the county from enforcing the insurance requirement, it did not similarly bar enforcement by affected landowners. A long court battle ensued.
In January 2018, the Wisconsin Court of Appeals agreed to hear oral argument in the case, and on May 24, in a huge victory, the court agreed with the landowners and the county that they have a right to know they will be protected if a spill occurs. Enbridge appealed the decision, and last fall the Wisconsin Supreme Court agreed to take up the issue.
Oral argument will be held before the Supreme Court on March 26 at 1:30 PM. Here are the details:
WHO: Everyone who is concerned about our land, our water, and our future
WHAT: Oral argument in Enbridge v. Dane County
WHEN: March 26 at 1:30 PM (please arrive early-the first people there will get seats )
WHERE: Supreme Court Hearing Room, 2nd floor, East Wing of the Capitol
RSVP: https://act.sierraclub.org/events/details?formcampaignid=7010Z0000027XppQAE
At every step along the way—from the county zoning committee and board of supervisors to the circuit court and court of appeals—we’ve packed hearing rooms. This time will be no different. Please join us in demonstrating our resolve to show up every time Enbridge tries to make the case that we should be on the line for a pipeline spill.