Dane County landowners suing Enbridge for additional pipeline spill clean-up insurance will need to wait until mid-summer for a judge’s decision.
Waterloo residents Robert and Heidi Campbell, James and Jan Holmes and Marshall residents Tim Jensen and Keith and Trisha Reopelle are asking the court to enforce a Dane County conditional use permit (CUP) that includes a $25 million insurance requirement on the Line 61 expansion project -- even though state law prohibits it.
Enbridge asked the court to dismiss the landowners’ lawsuit, but attorneys representing the landowners argue the state law doesn't bar enforcement by affected landowners and is not retroactive.
At an April 11 hearing, Dane County Circuit Court Judge Richard Niess ordered the landowners’ lawsuit be consolidated with an earlier lawsuit filed by Enbridge in January. In that, case the company is asking the court to have the unenforceable insurance requirement in the CUP removed. Enbridge wants it removed from county records if the law would change back again. Dane County Circuit Court Judge Peter C. Anderson is scheduled to issue a ruling in both cases on July 11.
Enbridge has begun work on its pump station in the Town of Medina as part of the Line 61 expansion.