Please ensure Javascript is enabled for purposes of website accessibility

Insurance Claim – Permit

By: Derek Hawkins//June 6, 2018//

Insurance Claim – Permit

By: Derek Hawkins//June 6, 2018//

Listen to this article

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).

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests