[We received the following appeal to residents of Livingston County from POLAR and attorney Gary Field. Plaintiffs are needed for an action to suspend Enbridge’s construction activities pending complete approval of the project]:
“A newly formed non-profit organization – Protect Our Land and Rights (“POLAR”) Legal Defense Fund – has voted to support the filing of complaint in Livingston County Circuit Court to seek a Temporary Restraining Order and a Preliminary Injunction, requiring Enbridge to halt all construction in Livingston County.
The basis of the argument is rather simple. Enbridge is building a pipeline from one end of the state to the other end of the state. They are starting in Livingston County – which is in the middle. However, Enbridge doesn’t have the approvals it needs to connect the pipe on either end. Enbridge should not be allowed to simply assume that it will be able to obtain all needed approvals – especially where the unobtained approvals are substantial and numerous.
The complaint will focus on five points:
- Enbridge has not gotten approval from the MPSC to build the pipeline on either end. MPSC Case No. U-17020 is still pending. An order in that case is not likely to be issued until Spring or summer of 2012.
- The MPSC case that authorizes construction in Livingston County has been appealed to the Michigan Court of Appeals. The case could result in Enbridge losing all right to commence construction in Livingston County.
- Enbridge has admitted in its responses to discovery that it hasn’t obtained the necessary environmental permits.
- Enbridge has not obtained consents from any of the townships or municipalities.
- Language in existing easements is vague and without sufficient definition. Such easement language needs to be clarified.
Enbridge should not be allowed to disrupt peoples’ lives and take their property to install a pipeline from nowhere to nowhere. We need a Temporary Restraining Order and issuance of a preliminary injunction.
This effort will be financially supported by POLAR Legal Defense Fund. It is very important that we have landowners sign on as plaintiffs. Without plaintiffs, we can’t file the complaint and seek an injunction. If there are landowners who have not yet reached a deal with Enbridge and are willing participate and help the cause, they should contact me at glfield@fieldlawgroup.com.
-Gary”
Really interesting stuff! The environmental concerns are huge, of course, but I’m glad you are reporting on the more “technical” legal matters, as well. I’m beginning to see how this whole thing has a much broader application than Enbridge or oil.
What’s the broader application you’re thinking about, Lisa?