A frac-out, or drilling fluid spill, was reported at Trout Brook in Marengo, Wisconsin during Enbridge’s Line 5 reroute construction. The incident marks another in a series of such occurrences during the project, following a 1,900 gallon spill earlier in the summer. Environmental advocates have raised concerns that the spills pose risks to the Bad River Reservation, Copper Falls State Park, and numerous water bodies in the region, with potential contamination of drinking water and recreational areas.
The frac-out occurred as legal proceedings advanced in a case challenging the reroute project’s permits. The Bad River Band, environmental groups, and state officials presented oral arguments before Judge John P. Anderson regarding whether the Wisconsin Department of Natural Resources violated state wetland and water protection laws in approving Enbridge’s proposal. Attorneys opposing the project argued that the DNR failed to fulfill its constitutional public trust duty. Enbridge’s legal representatives countered that the extensive nature of the DNR’s review and the comprehensive record demonstrated that the concerns raised were not warranted.
John Petoskey, an attorney representing the Bad River Band, emphasized during the hearing that the case centers on public trust waters and tribal efforts to protect ancestral lands. The parties are scheduled to submit written briefs by September 11, with Judge Anderson having 90 days following that deadline to issue a ruling.
Advocates have also documented broader construction-related concerns beyond the frac-outs themselves. A recent summary released by the Sierra Club detailed instances of intimidation directed at water monitors, permit violations, and other impacts attributed to Enbridge’s construction activities. Environmental organizations have drawn parallels to impacts from Line 3 construction in Minnesota, noting that adverse effects from that project continued to surface years after completion.
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