A frac-out, or drilling fluid spill, occurred at Trout Brook in Marengo, Wisconsin during Enbridge’s Line 5 reroute construction. This incident represents another contamination event during the ongoing project, following a 1,900 gallon spill earlier in the summer. Environmental advocates have expressed concern that the Bad River Reservation, Copper Falls State Park, and hundreds of bodies of water remain vulnerable to similar incidents that could potentially affect drinking water supplies and recreational areas.
The spill coincided with court proceedings in which Enbridge, the Bad River Band, environmental petitioners, and state officials presented oral arguments before Judge John P. Anderson regarding the reroute proposal’s permits. Legal representatives for the Bad River Band and Sierra Club argued that the Wisconsin Department of Natural Resources violated state wetland and water protection laws and failed to uphold its constitutional public trust responsibilities in approving the reroute permits. Enbridge’s legal team countered by citing the extensive review process and voluminous record as justification for the permit approvals.
John Petoskey, an Earthjustice 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 simultaneous post-hearing briefs by September 11, after which Judge Anderson will have 90 days to issue a ruling on whether Enbridge’s reroute permits should be overturned.
The Sierra Club released a summary documenting construction impacts observed by local water monitors, including allegations of intimidation directed at monitors, multiple frac-outs, and permit violations. The organization indicated that documented impacts continue to evolve as construction proceeds, with the latest drilling fluid spill serving as a current example of ongoing concerns about the project’s environmental effects.
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