Tell Governor Evers and the Department of Natural Resources to halt construction on Line 5

Revoke Enbridge’s permits and halt all construction on Line 5 until there are protections in place to safeguard our lands and waters

Dear Governor Evers and Secretary Hyun, On August 28, you called on Enbridge to halt construction on the Line 5 reroute in response to this week’s gas leak in Saxon. I strongly support that call. I am incredibly concerned about the impact Enbridge is having on the local community, lands, waters, and wildlife, both from this rupture and numerous other incidents caused by their fast-paced construction of the Line 5 reroute. I am calling on you to go beyond requesting that Enbridge pause construction. Based on Enbridge’s noncompliance, the permit should either be revoked or modified to prohibit further construction until you are satisfied Enbridge will not cause further environmental destruction or violate permit terms and conditions- this should be a careful, thoughtful process. As you know, over the past several months, multiple notices of noncompliance have been issued, multiple frac-outs have occurred, and numerous residents continue to deal with impacts. It appears that Enbridge has been pushing ahead as fast as possible, to lower their construction costs and before seasonal restrictions kick-in, including a September 15 deadline to complete work in trout streams. This is leaving a wake of damage. Your call to halt construction until this event is resolved and Enbridge demonstrates that adequate measures are in place to prevent future spills is a good first step. But the state has a responsibility not just to ask Enbridge to follow our environmental laws; it is your job to enforce them. Given my concerns with Enbridge’s behavior and transparency, I’m asking you to do the following: 1. Modify or Revoke the Permit to Stop all Construction: I am concerned that Enbridge is rushing construction because of the upcoming timing restrictions, and I’m worried about what that may mean for potential additional damage in the coming weeks. Enbridge appears to be moving too quickly. Local monitors saw that while spill response was active on Tuesday, Enbridge workers continued construction elsewhere on the reroute. Condition 11 of the Line 5 permit allows the DNR to modify or revoke the permit. Enbridge agreed to permit terms that expressly allow the Department to modify or revoke the permit for good cause, including failure to comply with permit requirements. The Department has already acknowledged "other noncompliance events" that have been "immensely frustrating." When a permittee repeatedly fails to comply with permit conditions, the Department has both the authority and responsibility to consider whether continued authorization remains appropriate. 2. Make available all records related to these noncompliance events as soon as possible, including notices of noncompliance, corrective action reports, agency correspondence, and reports prepared by the Independent Environmental Monitors. The Governor himself said, “The people of Wisconsin expect Enbridge to be transparent and accountable, and so do we." Yes, and we also expect full transparency from the state. The public cannot evaluate accountability without timely access to information about violations, enforcement actions, and the findings of the Independent Environmental Monitors. Transparency is essential to restoring public trust and ensuring meaningful oversight of this project. 3. No Line 5 reroute construction while the current Line 5 is operating. I was surprised to realize that Enbridge was doing active construction while operating Line 5 at the same time. The public has extremely little visibility into what construction is happening when, and I’m worried that without the guarantee that Line 5 is shut down while construction is occurring, a similar event to Tuesday’s spill could happen again. The Great Lakes, local communities, and our climate are too precious to risk further, especially for a company with a series of violations in just the first few months of operation. Thank you for your time, and I urge your swift action.