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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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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Ohio Lawsuits Continue re Long-Completed Rover & NEXUS Pipelines

Even though both the Rover Pipeline, built by Energy Transfer Partners, and NEXUS Pipeline, built by DTE Energy and Enbridge, have been in service for months (or years), lawsuits against the two projects continue to this day. Some of the lawsuits we understand–cases of landowner property being damaged by construction activities. Some of the lawsuits are politically motivated and funded by Big Green “environmental” groups. Ohio itself is in there too, with its own lawsuit. Ohio EPA’s Craig Bulter is still hunting his great white whale.
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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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Sierra Club Withdraws Federal Lawsuit to Stop NEXUS Pipeline

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…
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Sierra Club Files Federal Lawsuit to Stop NEXUS Pipeline

Honestly, the Sierra Club launches so many petitions with FERC (Federal Energy Regulatory Commission), and so many lawsuits against FERC regarding pipelines, it’s hard to keep them all straight. One of the northeast 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, the first major pipeline to get approved following a newly restored quorum at FERC (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 supposedly aggrieved party can then launch a lawsuit in federal Appeals Court. And that’s what the Sierra Club did earlier this 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. The Sierra Club is rather good at shutting down pipelines and destroying jobs, as they recently did in PA (see Sierra Club Pipeline Lawsuit Throws 2,500 in PA Out of Work). Fortunately the PA episode was short-lived (just two days and work resumed). The question now is, will the lib judges in DC put up with yet another lame lawsuit from the Clubbers and shut down NEXUS construction?…
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CORNballs Strike Again, File Lawsuit to Stop NEXUS Pipeline

A group of landowners in Ohio calling themselves the Coalition to Reroute Nexus (CORN), whom we affectionately call CORNballs, have filed a lawsuit in court against the NEXUS pipeline project. Not to actually reroute NEXUS, but to kill it. To stop it. The landowners are asking a federal court to block the Federal Energy Regulatory Commission (FERC) from allowing the project to proceed–which of course is not going to happen–and to legally bar the NEXUS Gas Transmission project from building the pipeline. Which has been the aim of the CORNballs from the beginning–contrary to the party line that they just want it rerouted around them. The CORNballs seem to be in league with antis in the City of Green, OH, who recently voted to give $100,000 of taxpayer money to high-priced Cleveland lawyers to try and stop NEXUS (see Green, OH Paying Lawyers $100K to Fund Stop NEXUS Crusade). Green also gave CORN $10,000, which no doubt is helping fund CORN’s legal effort to stop NEXUS…Continue reading

NEXUS Pipeline Files Lawsuits for Survey Access in Summit County

Yesterday MDN told you about the City of Green in Summit County, OH and their leaders’ opposition to (and lies about) the NEXUS pipeline (see NEXUS Pipeline Sends Armed Guards with Surveyors to Protect Them). NEXUS is sending out armed security guards with surveyors because they’ve been threatened. Apparently a number of landowners in Green are refusing to allow surveyors access to their property, so NEXUS is, today, filing lawsuits in Summit County to force landowners to allow surveyors on their property to make a simple survey for potential pipeline routes…
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FERC Says NEXUS Approval in Public Interest re Exports to Canada

In late 2018 a fringe environmental group called 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 NEXUS Pipeline project that runs through Ohio (see CORNballs Return, Ask DC Court to Shut Down NEXUS Pipe). Their argument is that if any of the gas flowing through a pipeline gets exported (to Canada, in this case), the project is not in the (American) public interest and therefore it should not get approved.
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Ohio AG Lawsuit Against Rover Pipe Tossed by Appeals Court

In Nov. 2017 the Ohio Attorney General’s office under then-AG Mike Dewine (RINO swamp dweller, now governor) sued Energy Transfer at the prompting of the Ohio EPA claiming the company’s Rover Pipeline project was guilty of “polluting state waters while constructing a natural gas pipeline across Ohio” (see OH EPA Director Manipulates Atty General to Sue Rover Pipeline). A Stark County judge threw the case out in March of this year (see OH Judge Tosses AG’s Lawsuit Against Rover Pipe Enviro Violations).
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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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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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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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