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Some OH Lawsuits Against Long-Finished NEXUS Pipe Still Active

NEXUS Pipeline, a $2.6 billion, 255-mile interstate pipeline that runs from Ohio into Michigan, has been fully online since October 2018 (see More of NEXUS Pipe Goes Online, FERC Approves Compressor). In typical fashion, Big Green groups and landowners (some of them backed with Big Green money) tried to shut the pipeline down via lawsuits, but ultimately could not (see our NEXUS lawsuit stories here). Some landowners claimed the pipeline damaged their property during construction. Most of those lawsuits were either tossed or settled. However, there are still a few outstanding landowner lawsuits against NEXUS still active.
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NEXUS Pipe Replacing Section in Green, OH < 1 Yr After Startup

Last October NEXUS Pipeline, a $2.6 billion, 255-mile interstate pipeline that runs from Ohio to Michigan, received permission from the Federal Energy Regulatory Commission to begin partial operation (see Yes! NEXUS Pipeline OK’d by FERC to Begin Service). It wasn’t long before the entire pipeline began to flow a full 1.5 billion cubic feet per day (Bcf/d) of Utica Shale gas to Michigan, and from there on to Sarnia, Ontario. Although the pipeline has been online for less than a year, Enbridge (the builder) is about to replace a half-mile segment of it in the City of Green–which has local residents hopping mad.
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12 Landowner Lawsuits Filed Against NEXUS, Contractor in Ohio

A lawyer representing 12 Ohio landowners has filed separate lawsuits on behalf of each landowner against NEXUS Pipeline and a contractor NEXUS used to build the pipleline–Michels Corp. The lawyer says he plans to file more lawsuits in the coming weeks. According to the attorney, the lawsuits aim to hold NEXUS and Michels “accountable for specific damages they’ve caused,” and to prevent future pipeline builders from “trampling on the rights of property owners.” The charges vary, but include allegations of pumping water and silt onto farms without permission from the owners, destroying topsoil and crops (without compensation), failure to repair damaged drain tiles, and more.
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Green, OH Won’t Allow Nov. 6 Vote to Nix NEXUS Pipeline Deal

In February the City of Green, OH (Summit County), finally faced the reality that NEXUS Pipeline–a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada–will come through their paradise (see Antis of Green, OH Finally Face Reality – Will Allow NEXUS Pipe). Green hired a high-priced Cleveland law firm to try and scuttle the NEXUS project (see Green, OH Paying Lawyers $100K to Fund Stop NEXUS Crusade). In the end, everyone has their price. For Green, the price was $7.5 million and 20 acres of land that sit next to an existing city park. While Green antis in city government hate the idea of the pipeline getting built at all (especially Green’s anti-pipeline mayor), the writing was on the wall. They would lose and they knew it. To save face, the mayor negotiated a deal with NEXUS that city council voted to accept. However, the mayor and city council’s actions didn’t sit well with some of the more radical elements in Green. The rads launched a petition campaign to put a referendum on the Nov. 6 ballot on whether or not the city should settle with NEXUS. The city says the signed settlement is an administrative action, not subject to a popular vote. The rads say otherwise. In a bold move, even though the rads have enough signatures to put the referendum on the ballot, the city has refused to allow the it to appear on the ballot. Which will surely send the radicals into orbit. It’s shaping up to be a battle between left and lefter…
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Green Antis Try to Reverse City’s $7.5M Deal to Allow NEXUS Pipe

MDN told you last week that anti officials who lead the City of Green, OH (Summit County), had finally faced the reality that NEXUS Pipeline–a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada–will come through their vicinity (see Antis of Green, OH Finally Face Reality – Will Allow NEXUS Pipe). Green previously hired a high-priced Cleveland law firm to try and scuttle the NEXUS project (see Green, OH Paying Lawyers $100K to Fund Stop NEXUS Crusade). In the end, everyone has their price. For Green, the price is $7.5 million and 20 acres of land that sit next to an existing city park. While Green antis in city government hate the idea of the pipeline getting built at all (especially Green’s anti-pipeline mayor), the writing is on the wall. They will lose and they know it. To save face, the mayor negotiated a deal with NEXUS that city council voted to accept. However, the mayor and city council’s actions don’t sit well with some of the more radical elements in Green. The rads have since launched a campaign to force the city to accept a vote on whether or not to settle with NEXUS. The city says the signed settlement from last week is an administrative action, not subject to a popular vote. The rads say otherwise. It’s shaping up to be a legal battle royale in Green–antis against antis. Grab the popcorn!…
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Antis of Green, OH Finally Face Reality – Will Allow NEXUS Pipe

In the end, it came to down to cold, hard cash. Last May, MDN told you about antis running the City of Green, Ohio who were/are hellbent on stopping the NEXUS Pipeline (see Green, OH Paying Lawyers $100K to Fund Stop NEXUS Crusade). Green City Council voted to use $100,000 of taxpayer money to hire a Cleveland law firm to file a lawsuit “aimed at stopping the pipeline from being built or stopping the project altogether.” NEXUS, a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada, was the first major pipeline project to get approved after the Federal Energy Regulatory Commission (FERC) once again had a quorum of three members (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). Green’s high-priced lawyers filed their lawsuit in the 6th U.S. Circuit Court of Appeals, requesting an emergency stay blocking construction, which they got in November (see Fed Court Grants Green, OH Request to Stop NEXUS Pipe Construction). Everyone has their price. For the antis in Green, the price is $7.5 million and 20 acres of land that sit next to an existing city park. While the Green antis hate the idea of the pipeline getting built at all (especially Green’s anti-pipeline mayor), the writing is on the wall. They will lose and they know it–so to save face, the mayor negotiated a deal with NEXUS that City Council will vote on tonight to accept…

2/8/18 Update: Green Council voted 4-3 to accept the NEXUS deal. More below.
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Fed Court Grants Green, OH Request to Stop NEXUS Pipe Construction

Who says you can’t buy a court decision–at least a temporary one? Back in May MDN told you about the antis running the City of Green, Ohio hellbent on stopping the NEXUS Pipeline, all of it (see Green, OH Paying Lawyers $100K to Fund Stop NEXUS Crusade). Green City Council voted to use $100,000 of taxpayer money to hire a Cleveland law firm to file a lawsuit “aimed at stopping the pipeline from being built or stopping the project altogether.” NEXUS, a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada, was the first major pipeline project to get approved after the Federal Energy Regulatory Commission (FERC) once again had a quorum (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). Green’s high-priced lawyers filed their lawsuit in the 6th U.S. Circuit Court of Appeals, requesting an emergency stay blocking construction. Late last week a three-judge panel voted 2-1 in favor of Green’s request for an emergency stay, which temporarily blocks further construction of an 8-mile segment of the NEXUS Pipeline in the vicinity of Green (but not anywhere else). The judges believe Green’s lawsuit is likely to prevail in court–hence stop any construction for now around Green. The big problem, from our limited legal understanding, is that the underlying lawsuit filed by Green challenges the Ohio EPA’s decision to grant water crossing permits for the ENTIRE 257-mile pipeline through Ohio. If Green prevails in that case, construction on the entire pipeline (as it passes through Ohio) is stopped–not just an 8-mile segment around the pipeline-phobic Green…
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Green, OH Spends Big $ on 2 Appeals in Bid to Stop NEXUS Pipeline

Back in May MDN told you about the antis running the City of Green, Ohio (see Green, OH Paying Lawyers $100K to Fund Stop NEXUS Crusade). Green City Council voted to use $100,000 of taxpayer money to hire a Cleveland law firm to file a lawsuit “aimed at stopping the pipeline from being built or stopping the project altogether.” Looks like the law firm is earning at least some of that considerable amount (total bill so far: $67,367). The strategy the lawyers have adopted and now implemented is to file two appeals–one with the Sixth Circuit Court of Appeals, the other with the Ohio Environmental Protection Agency’s appeals board. The Green antis hope one or both will throw up a roadblock to slow, and ultimately stop, the NEXUS Pipeline from getting built. NEXUS, a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada, was the first major pipeline project to get approved after the Federal Energy Regulatory Commission (FERC) once again had a quorum (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). Less than two weeks ago the Ohio EPA issued a federal water permit for the project (see Ohio EPA Grants Water Permit to NEXUS Pipe, “Learned” from Rover). Green is asking OEPA to reconsider their action in issuing the permit. Here’s the latest in the ongoing war against fossil fuels…
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Court Tells Munroe Falls to Reimburse Beck Energy $45K Legal Fees

In June 2016, MDN shared with you the news that Munroe Falls (Summit County), OH had filed yet another frivolous lawsuit against Beck Energy to prevent drilling–after already losing a similar case before the Ohio Supreme Court (see Munroe Falls Won’t Let it Go: Files New Lawsuit Against Beck Energy). MDN received a statement from Beck Energy’s lawyer which said, among other things: “…the complaint the City of Munroe Falls recently filed lacks any good faith basis under existing law, and it is clear Munroe Falls’ intention in filing this complaint is to harass and maliciously injure Beck Energy” (see Beck Energy Lawyer Responds to Frivilous Munroe Falls Zoning Case). Munroe Falls’ harrasment of Beck Energy has been going on for years (see our list of stories here). Beck counter sued Munroe Falls and asked for unspecified damages–meaning the potential for the city to be bankrupted by a big judgment (a very real possibility). Beck later backed away from the ledge and dropped some of the counterclaims against Munroe Falls. After all, Beck doesn’t want to bankrupt the good people of Munroe Falls over the illicit actions of its leaders. The final verdict is now in. On July 13, the Summit County Court of Common Pleas awarded Beck Energy $45,000 in attorney’s fees against Munroe Falls for having to defend against a frivolous lawsuit brought by the city. So now the taxpayers of Munroe Falls will have to pony up for the actions of their “leaders”…
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Green, OH Paying Lawyers $100K to Fund Stop NEXUS Crusade

The City of Green, Ohio, located in Summit County (south of Akron, north of Canton) seems to have no problems with spending boatloads of taxpayer money on anti-pipeline efforts. A few weeks ago Green City Council voted to give $10,000 to the anti-pipeline CORN–Coalition to Reroute Nexus. We call the group CORNballs and have written extensively about their supposed desire to just see the NEXUS pipeline routed around them, pretending to be NIMBYs (see our CORN stories here). In reality, CORN wants the pipeline stopped, period. Anti-fossil fuel nuttery. But $10K for the CORNballs is small potatoes for Green–almost a distraction. The city has just “upped the ante” by voting to spend $100,000 to hire a Cleveland law firm to file a lawsuit “aimed at stopping the pipeline from being built or stopping the project altogether.” Since when was it legal for a city like Green to squander taxpayers’ money on cockamamie anti-fossil fuel lawsuits against legal American businesses that build energy infrastructure? Will someone please investigate Green council members and their ties to Big Green groups (no pun intended)? Smells to us like somebody is getting paid off somewhere…
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Beck Energy Still Fighting Munroe Falls, Years Later

Last June MDN shared with you the news that Munroe Falls (Summit County), OH had filed yet another frivolous lawsuit against Beck Energy to prevent drilling–after already losing a similar case before the Ohio Supreme Court (see Munroe Falls Won’t Let it Go: Files New Lawsuit Against Beck Energy). MDN received a statement from Beck Energy’s lawyer which said, among other things: “…the complaint the City of Munroe Falls recently filed lacks any good faith basis under existing law, and it is clear Munroe Falls’ intention in filing this complaint is to harass and maliciously injure Beck Energy” (see Beck Energy Lawyer Responds to Frivilous Munroe Falls Zoning Case). Munroe Falls’ harrasment of Beck Energy has been going on for years (see our list of stories here). Beck counter sued Munroe Falls in this latest case and asked for unspecified damages–meaning the potential for the city to be bankrupted by a big judgment (a very real possibility). Beck has now backed away from the ledge and has dropped some of the counterclaims against Munroe Falls. After all, Beck doesn’t want to bankrupt the good people of Munroe Falls over the illicit actions of its leaders. But there is still “legal wrangling” going on in an effort to end Munroe Falls’ harassment of Beck. Here’s the latest…
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OH Company Joins Team to Develop Low-Pressure CNG Tank for Cars

A. Schulman, Inc., headquartered in Fairlawn, OH, supplies plastic compounds and resins which are used as raw materials in a variety of markets. Yesterday the company announced that they will join several other companies in a joint effort to develop and produce the world’s first commercially viable low pressure natural gas storage tank for motor vehicles. A year ago MDN brought you news about a breakthrough in CNG (compressed natural gas) tanks for passenger vehicles (see New CNG Tanks on the Way for Passenger Vehicles – Game Changer?). The typical CNG fuel tank is big and bulky and holds compressed gas at a pressure of 3,600 pounds per square inch (psi). United Technologies Corp. innovated a new tank that is much smaller, using “activated carbon adsorbents” technology that will allow CNG to be stored at 1,000 psi. United Technologies licensed their technology to Adsorbed Natural Gas Products, Inc. (ANGP) which will manufacture the new fuel tanks. A. Schulman announced yesterday they are partnering with ANGP to make manufacturing those tanks possible…
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Beck Energy Seeks to Lease Middle School Property in Munroe Falls

Over the past four years MDN has monitored and reported on conventional driller Beck Energy and their ongoing difficulties with attempting to drill in Munroe Falls (Summit County), OH. You can see our list of stories stretching back to February 2013 here. In a nutshell, Munroe Falls has attempted to use “home rule” (i.e. their own oil and gas regulations) to stop Beck cold from doing any drilling within the municipality. When doctored zoning regs didn’t work, Munroe Falls embarked on a course of filing frivolous lawsuit after frivolous lawsuit. The latest one failed (see Summit County Judge Blocks Munroe Falls’ Attempt to Stop Drilling). So imagine our delight, and the recalcitrant Munroe Falls leaders’ horror, to learn that Beck Energy now wants to drill a new conventional well–and they need a few acres from the neighboring Kimpton Middle School to do it!…
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Landowners in Ohio Vow to Continue Fight Against NEXUS Pipeline

Some holdout landowners in Medina County, OH continue to oppose the coming NEXUS Pipeline, even after their suggested alternative routes (around their county) have been rejected by the Federal Energy Regulatory Commission (FERC). A few holdouts are vowing to continue the fight “until all of our resources and options are exhausted,” which may be very soon. Earlier this month FERC issued a positive Final Environmental Impact Statement (see FERC Approves NEXUS Pipeline, Project on Track for 2017). A positive FEIS almost always means it’s over–the project will get approved. Spectra Energy, the builder of NEXUS, expects a final certificate allowing the backhoes and bulldozers to begin sometime in the first quarter of 2017. Until that happens, there are some who will continue to fight…
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Green, OH Threatens NEXUS Surveyors with Arrest for Trespassing

no-trespassingThe city of Green in Summit County, OH has put NEXUS Pipeline on notice that if surveyors show up to survey in the city and if those surveyors don’t have permission from the landowner, or a judge’s order, those surveyors will be arrested and charged with trespassing. Apparently Green hasn’t gotten the memo that pipelines are the safest form of transportation on earth–period. NEXUS, as well as other pipeline projects, face a classic Catch-22 situation. In order to get the Federal Energy Regulatory Commission to grant a certificate to build the pipeline, the pipeline company must first conduct initial surveys to plan the route. With a certificate from FERC in hand, the pipeline then has the power of eminent domain to use on recalcitrant landowners to build the pipeline across their land. The open question is whether or not the pipelines can use eminent domain to conduct the survey ahead of a full FERC certificate. That’s the Catch-22. Surveying doesn’t do a single thing to a property, other than a few guys and gals running around for a short time looking through a transit and taking measurements. It’s a shame that landowners, in some cases, won’t even allow that. So Green has put NEXUS and the world on notice that the city and its residents don’t want to participate in the riches that come from shale. Fine. Let them eat dirt…
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PA Conventional Driller Seeks $25M to Begin Shale Drilling in OH

Clinton-Medina layer
Click for larger version

A Pittsburgh-area investment company with a conventional oil and gas drilling division has decided the time is right to enter the unconventional (shale) drilling game. Bryan Investment Group, which operates Discovery Oil & Gas, LLC, is tapping its investors on the shoulder looking for $25 million to begin drilling in the Clinton/Medina sandstone layer–a rock layer that sits between the Marcellus Shale above it (Devonian group), and the Utica Shale below it (Ordovician group). According to president and general managing partner Richard Bryan, targeting the spaces between good wells drilled in the past is “painstaking work,” but it’s their specialty/niche. Bryan Investment intends to drill new Clinton/Medina wells in “the land between” in a four-county area of northeastern Ohio…
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