Hearings and Meetings Calendar

Division of Hearings and Appeals | Events | Permits

Contested Case Hearing Concerning DNR-25-0002 Enbridge Energy's Line 5 Segment Relocation Project in Ashland, Bayfield and Iron Counties

Start Date: 08/12/2025

End Date: 08/12/2025

Time: 9:00 a.m. - End of Agenda

Location: In-Person & Virtual Options; See Details for Information

Division of Hearings and Appeals, 608-266-3865

On Nov. 14, 2024, the Wisconsin Department of Natural Resources (Department) issued Permit #IP-NO-2020-2-N00471 to Enbridge Energy, LP (Enbridge). On Dec. 12, 2024, the Bad River Band of Lake Superior Chippewa, by its attorneys, Earthjustice, and 350 Wisconsin, League of Women Voters of Wisconsin, and Sierra Club, by their attorneys Midwest Environmental Advocates and Clean Wisconsin, filed Petitions for a Contested Case Hearing with the DNR pursuant to Wis. Stat. §§ 227.42, 30.209, and 281.36(3q).

By letter dated Jan. 2, 2025, the Department granted the requests for a contested case hearing. The issues for hearing are the following:

(1) Whether activities authorized by Permit #IP-NO-2020-2-N00471 meet state requirements and wetland permitting standards under Wis. Stat. § 281.36(3n)(c) and Wis. Admin. Code Ch NR 103 or whether additional or modified conditions are required.
(2) Whether wetland compensatory mitigation required by Permit #IP-NO-2020-2-N00471 meets state wetland mitigation requirements under Wis. Stat. § 281.36(3r) and Wis. Admin. Code Ch. NR 350 or whether additional or modified conditions are required.
(3) Whether structures and deposits in navigable waters authorized by Permit #IP-NO-2020-2-N00471 meet state requirements and waterway permitting standards under Wis. Stat. § 30.12 or whether additional or modified conditions are required.
(4) Whether the removal of material from the beds of navigable waters authorized by Permit #IP-NO-2020-2-N00471 meets state requirements and waterway permitting
standards under Wis. Stat. § 30.20 or whether additional or modified conditions are required.
(5) Whether temporary clear span bridges authorized by Permit #IP-NO-2020-2-N00471 meet state requirements and waterway permitting standards under Wis. Stat. § 30.123 or whether additional or modified conditions are required.
(6) Whether activities authorized by Permit #IP-NO-2020-2-N00471 meet state water quality certification standards under Wis. Admin. Code § 299.04 or whether additional or modified conditions are required.
(7) Whether the Department’s Final Environmental Impact Statement (EIS) described the purpose of the proposed project and reasonable alternatives to the proposed project in accordance with Wis. Stat. § 1.11(2)(c)3. and Wis. Admin. Code §§ NR 150.30(2)(b) and (e).
(8) Whether the EIS contained a complete environmental analysis in accordance with Wis. Stat. § 1.11(2)(c) and Wis. Admin. Code §§ NR 150.30(2)(f), (g), and (h).
(9) Whether the construction activities proposed in the notice of intent meet the terms and conditions for coverage under the WPDES Construction Site Stormwater General Permit No. WI-S067831-6.

NOTICE IS HEREBY GIVEN that the State of Wisconsin Division of Hearings and Appeals will hold a contested case hearing commencing on Aug. 12, 2025, and continuing on Sept. 3, 2025, through Oct. 3, 2025, as needed. Proceedings will commence at 9:00 a.m. each day of hearing. The hearing shall be held in person as follows:

a. On Aug. 12, 2025 the hearing shall be held at the Northwood Technical College Conference Center, 2100 Beaser Avenue, Ashland, Wisconsin.
b. The hearing shall resume on Sept. 3 – 12, 2025 at the Hill Farms State Office Building, in Room S149, 4822 Madison Yards Way, Madison, Wisconsin.
c. The hearing shall resume on Sept. 15 – 19, 2025, at the Northwood Technical College Conference Center, 2100 Beaser Avenue, Ashland, Wisconsin.
d. The hearing shall resume on Sept. 22 – 26, 2025 at the Hill Farms State Office Building, in Room S149, 4822 Madison Yards Way, Madison, Wisconsin.
e. The hearing shall resume on Sept. 29 – Oct. 3, 2025, as needed, at the Hill Farms State Office Building, in Room S149, 4822 Madison Yards Way, Madison, Wisconsin.

To allow for public observation of the hearing in the two locations, the hearing will also be available by video and telephone via Microsoft Teams. To connect by video, use Microsoft Teams on the web or the Teams app, then enter the Meeting ID: 247 227 844 895 and passcode: aK6Bt7Ye. 

To connect by phone, dial 1-608-571-2209, and then enter the Meeting ID: 589 521165# when prompted. Witnesses shall testify in person, not by video or phone, unless agreed to by the parties or otherwise ordered by the ALJ.

Members of the public desiring to participate in this hearing pursuant to Wis. Admin. Code § NR 2.08 will be allowed the opportunity to do so at the beginning of the presentation of evidence. Such interested persons must enter an appearance either prior to or at the commencement of the contested case hearing on Aug. 12, 2025. Appearances may be entered in person or via Teams. Public statements shall then be heard in person on Aug. 12, 2025 in Ashland and on Sept. 3, 2025, in Madison. Information about the hearing may be found at the DNR Website and can also be requested from Susan Burns at 608-266-3865. Please monitor the DNR website for updates.

The hearing is a Class 1 contested case pursuant to Wis. Stat. § 227.01(3)(a), and the provisions of Wis. Stat. ch. 227 will apply. The procedures relating to contested cases set forth in Wis. Admin. Code ch. NR 2 will be followed. Said procedures will closely resemble those that are normally followed at a trial in State circuit court. All parties are advised that they have the right to seek the aid and assistance of legal counsel and to be represented by legal counsel at the contested case hearing.

The permit application and other information relating to this matter are on file and may be inspected and copied at the offices of the Department of Natural Resources, 101 South Webster Street, Madison, Wisconsin, between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday, holidays excepted. Copies of documents on file may be obtained by writing to the Department of Natural Resources, P.O. Box 7921, Madison, Wisconsin, 53707-7921. Reasonable costs will be charged for copies of all information excluding public notices and fact sheets.

Pursuant to the Americans with Disabilities Act, reasonable accommodations will be made to any qualified individual upon request. Please call the Division of Hearings and Appeals at 608-266-3865 with specific information on your request prior to the date of the scheduled prehearing or hearing.