Regulators get tough
Wouldn’t it be nice if the MPSC followed the lead of the PHMSA (sorry for all the acronyms!)? This from Reuters.
MPSC hearing scheduled: citizens needed
On August 24th, a hearing will be held before Administrative Law Judge Theresa Sheets to consider a petition to delay a decision on phase two of the Line 6B project. It’s very important that as many concerned citizens attend this hearing as are able. The MPSC needs to know that many residents have serious concerns about the project. Please plan to travel to Lansing if you can. Details are here:
A plea to Livingston County residents
[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”
New legal challenge to state approval of line 6B project filed
A new appeal has been filed asking the Michigan Court of Appeals to vacate the state regulatory body’s approval of phase one of the Enbridge Line 6B “replacement” project due to “defective notice to landowners.” Let me explain (and please bear with me; it’s all pretty interesting).
First, a little background for those who might need it: Enbridge’s project is taking place in two phases. Phase one involves the “replacement” of a 50-mile segment of pipe running from Stockbridge to a pumping station in Ortonville (this is the part that runs through our property). Phase two will run from Ortonville to Marysville, Michigan (and on into Canada). (more…)
Three core issues for landowners, residents: Part 2
Core issue #2: Local consent
When a right of way agent from Enbridge knocked on our door carrying a map showing the route of Line 6B, a copy of Michigan’s eminent domain laws, and the bad news that we were going to see the stand of very large trees and the perennial garden in our backyard totally razed, we didn’t quite know what hit us. We’d seen Enbridge in the neighborhood two years earlier doing “integrity digs” and we had received notice that they had plans to “replace” the pipe that runs across our property. But that’s about it. It was months into our negotiations before we got word of any public forums at which the project would be discussed, news stories about the project were pretty much non-existent, and our local municipality appeared to have very little interest (at least formally) in the project.
It was as if Enbridge’s sudden appearance in our township was just a change in the weather: a natural occurrence like rain or fog, something hardly worth mentioning, much less something anyone could do anything to change. (more…)
Environmental Impact
Is Enbridge going to do work on your property? If so, you really should take some time to read their Environmental Impact Report. Are you concerned about how they clear trees and shrubs? Do you want them burning on your property? Discharging test water that they run through the pipe on to your land?