Broader (Serious) Implications from NEXUS Pipe Court Ruling?

On Monday MDN told you that radical anti-fossil fuelers and the City of Oberlin, OH won a minor victory of sorts against the long-completed NEXUS Pipeline project (see DC Circuit Court/Antis Continue to Hassle Long-Done NEXUS Pipe). We’d like to further unpack that decision and possible (serious) implications it may have for other pipeline projects. Let’s dig deeper.
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DC Circuit Court/Antis Continue to Hassle Long-Done NEXUS Pipe

Since late last year we’ve tracked a lawsuit brought by radical antis and the City of Oberlin, OH against the long-completed NEXUS Pipeline project. Last Friday the D.C. Circuit Court of Appeals, the court that handles challenges to regulatory agencies like the Federal Energy Regulatory Commission (FERC), refused to drop the case and told FERC to once again try to justify the project in light that some of the gas gets exported to Canada.
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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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DC Court Allows NEXUS Case (to Emasculate FERC) to Proceed

Yesterday the D.C. Circuit Court of Appeals, the court that handles challenges to regulatory agencies like the Federal Energy Regulatory Commission (FERC), refused to toss out a case filed by the City of Oberlin, OH and a regional anti group (with the backing of Big Green lawyer$). The lawsuit challenges FERC’s approval of the NEXUS Pipeline project. Even though NEXUS is built and flowing, and even though Oberlin settled with NEXUS, meaning there is no longer a reason to sue, that doesn’t matter to antis. There’s a larger issue at play, and the D.C. Circuit played right into the hands of Big Green manipulators.
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Antis Continue to Use NEXUS Case in Effort to Emasculate FERC

Last December MDN told you that even though NEXUS Pipeline, a $2.6 billion, 255-mile interstate pipeline that runs from Ohio into Michigan is built and has been fully online since November, the Coalition to Reroute NEXUS (CORN), along with the City of Oberlin, Ohio, filed yet another lawsuit (with the D.C. Court of Appeals) to nullify the Federal Energy Regulatory Commission’s (FERC) original decision to approve the project (see CORNballs Return, Ask DC Court to Shut Down NEXUS Pipe).
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Fed Court Tosses One NEXUS Lawsuit, Hears Another

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NEXUS Pipeline, a $2.6 billion, 255-mile interstate pipeline that runs from Ohio into Michigan, has been fully online for the past four months (see More of NEXUS Pipe Goes Online, FERC Approves Compressors). Yet anti-fossil fuel groups continue to litigate and try to shut it down. One such lawsuit was just tossed by one federal court, and another lawsuit just filed briefs in a different federal court.
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CORNballs Return, Ask DC Court to Shut Down NEXUS Pipe

The CORNballs are still at it. Even though NEXUS Pipeline, a $2.6 billion, 255-mile interstate pipeline that runs from Ohio into Michigan, partially started up in October, and went fully online in November, the Coalition to Reroute NEXUS (CORN), along with the City of Oberlin, Ohio, is asking the D.C. Court of Appeals to reverse the Federal Energy Regulatory Commission’s original decision to approve the project. Yes, the CORNballs (our name for CORN) want to shut it all down–even though the pipeline is in the ground spreading economic cheer throughout the region, and even though all of the scary nightmare scenarios predicted by CORN and Oberlin with respect to building the pipeline have now been proven false. The CORNballs and Oberlin are sore losers and apparently have endless gobs of money for lawyers to file frivolous lawsuits in federal court. The same two groups tried this stunt in a different court, the Sixth Circuit, where the lawsuit was tossed out last March. They’ve gone court shopping to try it all again.
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Yes! NEXUS Pipeline OK’d by FERC to Begin Service

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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 gain Federal Energy Regulatory Commission (FERC) approval shortly after a quorum of voting members was reestablished in summer 2017 (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). It didn’t take long for NEXUS partners DTE Energy and Enbridge to get it built. The pipeline has essentially been done since mid-September (about a year to construct), when they asked for permission to start up (see NEXUS Pipeline Asks FERC for Sept 28 Startup to Flow 967 MMcf/d). Yesterday FERC granted that permission.
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NEXUS Pipeline Asks FERC for Sept 28 Startup to Flow 967 MMcf/d

At the end of July NEXUS Pipeline was 80% complete and made big boasts that it would be ready to flow during the third quarter of this year (see NEXUS Pipeline Update – Now 80% Complete, on Schedule for 3Q18). By golly, they are true to their word. Earlier this week NEXUS told the Federal Energy Regulatory Commission (FERC) they are ready to go, and asked permission to begin service by September 28, flowing 967 million cubic feet per day (MMcf/d) along the pipeline that will eventually carry 1.5 billion cubic feet per day (Bcf/d). The NEXUS Pipeline project is owned by DTE Energy and Spectra Energy (Enbridge). It is a $2 billion, 258-mile interstate pipeline that runs from Columbiana County in eastern Ohio across Ohio to an interconnection with DTE Gas in Washtenaw County, Michigan. Eventually, via the Vector Pipeline, gas from NEXUS will flow to the Dawn Hub in Ontario, Canada. Radical environmental groups fought the project tooth and nail. CORN (Coalition to ReRoute Nexus), and the far-left Sierra Club, launched multiple lawsuits and regulatory actions against the pipeline. We’re happy to report they lost. And now NEXUS is ready to flow…
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NEXUS Pipeline Update – Now 80% Complete, on Schedule for 3Q18

NEXUS map – click for larger version

The NEXUS Pipeline project, owned by DTE Energy and Spectra Energy (Enbridge), is a $2 billion, 255-mile interstate pipeline that runs from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. NEXUS got final approval for the project from the Federal Energy Regulatory Commission (FERC) in August 2017, the first major pipeline to get approved following a newly restored quorum at FERC (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). However, radical environmental groups have fought the project tooth and nail. CORN (Coalition to ReRoute Nexus), and the far-left Sierra Club, launched lawsuits and regulatory actions against the pipeline. The City of Green, OH initially blocked construction, but later cut a deal to allow the pipeline through the area after NEXUS agreed to pay the city $7.5 million and donate 20 acres of land that sit next to an existing city park (see Antis of Green, OH Finally Face Reality – Will Allow NEXUS Pipe). So just how is the project doing? On a recent quarterly analyst phone call, DTE’s president and chief operating officer, Jerry Norcia, answered that question. He said, in brief, that the pipeline is now 80% built and on track to go online in the third quarter of this year…
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Despite Opposition, NEXUS Pipe Will be Done & Running This Year

NEXUS route – click for larger version

NEXUS Pipeline, a $2 billion, 255-mile interstate pipeline currently under construction running from Ohio through Michigan–eventually with a connection to the Dawn Hub in Ontario, Canada. NEXUS got final approval for the project from the Federal Energy Regulatory Commission (FERC) last August, the first major pipeline to get approved following a newly restored quorum at FERC (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). However, radical environmental groups have fought the project tooth and nail. CORN (Coalition to ReRoute Nexus, folks we call CORNballs), and the far-left Sierra Club, launched lawsuits and regulatory actions against the pipeline. The City of Green, OH initially blocked construction, but later cut a deal to allow the pipeline through the area ($7.5 million talks, see Antis of Green, OH Finally Face Reality – Will Allow NEXUS Pipe). While a few Green antis are attempting to force a referendum to reverse the deal struck by the city, pretty much all of the other opposition has thrown in the towel. We haven’t read/heard from the CORNballs (or Sierra Club) in months. And now, antis in Michigan are admitting defeat–they admit that NEXUS will get built and become operational this year…
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FERC Denies CORNball, Sierra Club Request to Stop NEXUS Pipeline

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, is now under construction. NEXUS got final approval for the project from the Federal Energy Regulatory Commission (FERC) in August, the first major pipeline to get approved following a newly restored quorum at FERC (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). However, radical environmental groups have fought the project tooth and nail. CORN (Coalition to ReRoute Nexus, folks we call CORNballs), and the far-left Sierra Club, launched lawsuits and regulatory actions against the pipeline. One such action was to file a request last fall for a rehearing of FERC’s decision to approve the project (see CORNballs, Sierra Club Continue to Fight NEXUS Pipeline in Court). A rehearing is the first step to take, a necessary step before Big Green groups can legally file a lawsuit against the project. In what is being characterized as a blow to the CORNballs and their buddies at the Sierra Club, FERC last week denied that request for a rehearing of the NEXUS approval, meaning it looks like clear sailing for NEXUS to complete their project, even with various lawsuits pending…
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CORNballs Lose Fed Court Bid to Stop NEXUS Pipeline Construction

A group of landowners in Ohio calling themselves the Coalition to Reroute Nexus (CORN), whom we affectionately call CORNballs, filed a lawsuit in federal court in May against the NEXUS pipeline project (see CORNballs Strike Again, File Lawsuit to Stop NEXUS Pipeline). The aim of the lawsuit is not to actually reroute NEXUS, but to kill it. To stop it. The landowners asked the court to block the Federal Energy Regulatory Commission (FERC) from allowing the project to proceed, which has been the aim of the CORNballs from the beginning–contrary to the party line that they just want it rerouted around where they live. Flummery. In May when CORN filed their lawsuit we predicted the court would not grant CORN’s request. We were right. Yesterday the federal judge in the case dismissed the lawsuit by CORN. Why? The court in northern Ohio doesn’t have jurisdiction in the case. The CORNballs thought they could get a favorable decision to block NEXUS by filing it in the wrong court. They just burned off seven months (and thousands in legal fees) trying. All for nothing…
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NEXUS Pipe Goes to Court to Gain Easements on 42 Ohio Properties

NEXUS Pipeline has had to use the unpreferred last option and has taken landowners of 42 properties to court using eminent domain in order to secure easements so they can lay pipeline through those properties. NEXUS is a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. NEXUS received final approval for the project from the Federal Energy Regulatory Commission (FERC) in August, the first major pipeline to get approved following a newly restored quorum at FERC (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). In early October, FERC gave NEXUS permission to begin construction (see NEXUS Cleared to Begin Construction, Rover Cleared to Restart HDD). While 97% of the landowners along the proposed route have signed easements for the pipeline, a few have not. The landowners NEXUS has taken to court (so far) are in Ohio, in Stark, Summit, Wayne, Medina, Lorain, Sandusky, Wood and Erie counties. Yes, there are still a few lawsuits hanging out there, including a lawsuit by Green, OH and one by the Coalition to Reroute Nexus (CORN). However, it seems unlikely the lawsuits will stop the project. Here’s the unfortunate news about NEXUS suing a few holdouts…
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NEXUS Pipe Seeks to Begin Construction Oct 10; List of Contractors

NEXUS Pipeline map – click for larger version

Something just now coming to light. Last week NEXUS Pipeline sent a request to the Federal Energy Regulatory Commission (FERC) requesting that it be allowed to begin construction of the pipeline “on or before” Tuesday, October 10th. That’s next Tuesday, folks! NEXUS is a $2 billion, 255-mile interstate pipeline that will run from Ohio through Michigan and eventually to the Dawn Hub in Ontario, Canada. NEXUS received final approval for the project from FERC in August, the first major pipeline to get approved following a newly restored quorum at FERC (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). Two weeks ago one of the final remaining hurdles came down when the Ohio EPA granted a water permit for the project (see Ohio EPA Grants Water Permit to NEXUS Pipe, “Learned” from Rover). The project still faces court challenges (see CORNballs, Sierra Club Continue to Fight NEXUS Pipeline in Court), however, those challenges are long-shots. Given that all permits have been issued, last Thursday NEXUS sent FERC a request to begin construction (see the request below). As part of the request, the contractors that will build the pipeline were named. We’ve pulled those names into a handy list, for those looking for jobs and those who want to sell goods and services to the companies actually building the pipeline…
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CORNballs, Sierra Club Continue to Fight NEXUS Pipeline in Court

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, is about ready to begin construction–any time. NEXUS got final approval for the project from the Federal Energy Regulatory Commission (FERC) in August, the first major pipeline to get approved following a newly restored quorum at FERC (see New FERC Quorum Votes Final Approval for NEXUS Pipeline). Last week one of the final remaining hurdles came down when the Ohio EPA granted a water permit for the project (see Ohio EPA Grants Water Permit to NEXUS Pipe, “Learned” from Rover). The only cloud on the horizon are multiple lawsuits and regulatory requests filed by anti-fossil fuel groups, including CORN (Coalition to ReRoute Nexus, folks we call CORNballs), and the far-left Sierra Club. Both groups have launched lawsuits and regulatory actions against the pipeline. Those efforts, which increasingly are long-shots, continue. Here’s what CORN and the Sierra Club are doing now that Ohio EPA has given the project its blessing…
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