The uber-litigious Sierra Club and it’s vaunted stable of attorneys have been caught with their pants down–legally speaking. One of the (many) pipelines the Clubbers oppose is NEXUS, a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. NEXUS got final approval for the project from FERC in August (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). The Ohio EPA granted a water permit for the project in September (see Ohio EPA Grants Water Permit to NEXUS Pipe, “Learned” from Rover). Seeing the NEXUS freight train moving on down the tracks, the Clubbers filed a request for “rehearing” with FERC in September (see CORNballs, Sierra Club Continue to Fight NEXUS Pipeline in Court). Before anyone can sue to stop a federal pipeline project, the first step is to request a rehearing. If FERC delays or rejects a rehearing request, the “aggrieved” party can then launch a lawsuit in federal Appeals Court. And that’s what the Sierra Club did last week. They filed a lawsuit against NEXUS in the Federal Court of Appeals for the District of Columbia, asking the court to force FERC to conduct a new review of the project, and in the meantime, shut it all down (see Sierra Club Files Federal Lawsuit to Stop NEXUS Pipeline). There’s just one teeny tiny problem: The landowner the Clubbers was using as their excuse to file the lawsuit recently sold his property to NEXUS. Oops. Now the Clubbers don’t have a reason to sue, so with tail between legs, they withdrew the lawsuit yesterday…
