In Part 2 of our series on Core Issues for Landowners a couple of week’s ago, we wrote about the issue of local consent– the requirement, according to the state constitution and the Highway Act, that Enbridge seek consent from local municipalities before beginning work within them.
And just this morning, we posted a story from the Livingston Daily in which Enbridge even admits that they have yet to secure all the requisite state and local permits for their project– even though they have already begun construction.
In the former instance, the law seems fairly clear, although Enbridge disputes it and perhaps (I don’t think so, but perhaps) they have a case. In the latter instance, Enbridge claims that they are in the process of securing the necessary permits. So, for the sake of argument, let’s grant that there is at least a bit of wiggle room on these two matters.
But then there’s this:
In 1999, Howell Township (where Enbridge has already begun construction) passed an ordinance to regulate the location and construction of pipelines within township limits. Under the requirements of the ordinance, anyone seeking to “install, construct, reconstruct, relocate, alter, modify, operate, or close and remove any Pipeline” in the township must apply for a permit and adhere to a number of basic terms and conditions. You can read the full text of it here. (Note: strangely, the Howell Township website has been down today; the link may not work temporarily.)
Howell Township’s ordinance could not be more clear and, in my reading, it is completely reasonable– and it has been in place for more than a decade. And it is my understanding that Enbridge was informed of this ordinance some time ago. Yet they have ignored it.
Let me say that again: Enbridge has simply ignored Howell Township’s ordinance.
At this point, it is not clear whether Howell Township plans to enforce their ordinance. If our conversations with other township supervisors applies here, I suspect that they’re reluctant to pick a fight with the deep pockets and crafty lawyers of Enbridge– the company is just too big and too powerful and a legal battle would be far too expensive for a small township.
And that’s why citizen action is needed more than ever. Residents of Howell Township need to demand that this ordinance be enforced. Please call the township office. Better yet, call your local state representatives and senators. Call and write to the local press. Insist that Enbridge– at the very least– explain why they think they can thumb their noses at local municipalities by ignoring existing regulations. Ask them to explain how flouting the ordinances of their host communities comports with their practice, as stated in their “Corporate Social Responsibility Policy,” of “respecting the national and local laws of the countries and communities where we operate.”
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