Judge: Enbridge Pipeline Reroute Not Subject To Judicial Review

A federal judge says courts don’t have the authority to question U.S. State Department decisions in a cross-border pipeline dispute.

Environmental groups brought a lawsuit against Enbridge Energy, claiming the firm is illegally transporting more oil from Canada by switching it between lines at the border. But a U.S. district judge ruled this week that because the State Department OK’d the reroute, it’s not subject to legal challenges.

Enbridge proposed to nearly double the amount of oil on its Line 67 pipeline that runs from Alberta to Superior. According to Wisconsin Safe Energy Alliance co-founder Carl Whiting, the pipeline switch at the border is already sending that much more to Wisconsin. He said the move skirts national laws on cross-border expansions and expressed disappointment with the judge’s ruling.

“The last thing this region – Wisconsin in particular – needs is to become the major corridor for tar sands at a time when we’re facing climate issues,” he said.

Whiting said parties to the suit are considering other options. Enbridge spokeswoman Lorraine Little said the judge’s ruling affirms the State Department’s decision that the company is operating its pipelines at the border in accordance with existing permits.

Little provided the following statement:

“Wednesday’s decision leaves in place the State Department’s approval of Enbridge’s use of Line 3 and Line 67 consistent with its existing permits. The interconnections are simply leveraging the flexibility we have under our existing permits to meet our obligations to shippers and to continue the vital service of transporting reliable, secure supplies of North American crude oil.”

Winona Laduke, executive director of the group Honor the Earth and member of the White Earth Nation called the ruling “baffling” in a press release.

“The federal government has allowed Enbridge to violate federal laws, but the federal courts don’t feel they have jurisdiction to intervene … Ojibwe tribes stand united in opposition to this pipeline invasion and we will continue our resistance until justice is served.”

A spokesman with the U.S. State Department could not be immediately reached for comment.