WMC Amicus Brief Argued Dane County Overexerted Authority in Enbridge Case
MADISON – Wisconsin Manufacturers & Commerce (WMC) applauded the state Supreme Court for siding with the rule of law in Enbridge Energy Co., Inc. v. Dane County and holding a local government accountable for unlawful actions.
The case reached the Supreme Court after Dane County required Enbridge to carry additional insurance for a pipeline project, even though state law preempts local governments from requiring this as part of a Conditional Use Permit. WMC filed an amicus brief in the case arguing that Dane County expressly violated the law and clearly overstepped its authority.
On Thursday, the Supreme Court found that Dane County did act improperly in requiring Enbridge to carry additional insurance and reversed a lower court’s decision.
Following the decision, WMC Senior Vice President of Government Relations Scott Manley released the following statement:
“Businesses need to be able to operate in Wisconsin with the understanding that local governments will follow the law and operate within their authority. In this case, Dane County blatantly ignored state law in an attempt to stop a commercial project it disagreed with. WMC applauds the court for ruling in Enbridge’s favor and letting businesses throughout Wisconsin know that local governments will be held accountable when they break the law.”
