By: Derek Hawkins//June 6, 2018//
WI Court of Appeals – District IV
Case Name: Enbridge Energy Company, Inc. et al, v. Dane County, et al.
Case No.: 2016AP2503; 2017AP13
Officials: Sherman, Blanchard, and Fitzpatrick, JJ.
Focus: Insurance Claim – Permit
This case involves a conditional use permit issued by a Dane County zoning committee that allows the operator of a crude oil pipeline to significantly expand the volume of oil pumped through the line. The permit contains conditions requiring Enbridge Energy Company to “procure and maintain” insurance with detailed specifications that would, in the view of the zoning committee, ensure the availability of sufficient funds for remediation, clean up, and payment for damages in the event of a crude oil spill.
One notable feature of this case is that the state legislature enacted a new law in the midst of the County’s consideration of the Enbridge permit. The new state law places a limitation on the insurance requirements that counties can include in conditional use permits issued to operators of interstate hazardous liquid pipelines, such as Enbridge, in one particular circumstance. See 2015 Wisconsin Act 55, § 1923e (Eff. July 14, 2015); WIS. STAT. §§ 59.70(25), 59.69(2)(bs) (2015-16). 2 More specifically, under the Act 55 insurance limitation, a county may not require an interstate hazardous liquid pipeline operator to obtain insurance if the operator “carries comprehensive general liability insurance coverage that includes coverage for sudden and accidental pollution liability.” § 59.70(25).