by Jeffrey Insko | Oct 13, 2012 |
As we reported late yesterday, the Michigan Townships Association has filed an amicus curiae brief in the POLAR lawsuit now being heard in federal court. Regardless of whether it alters the outcome of the case, we think this is very good news indeed. And now that we’ve spent the morning reading over the brief, we’re in a position to explain why and to discuss some of the implications of this action. First, the brief: (more…)
by Jeffrey Insko | Oct 12, 2012 |
And it’s very good news indeed! We’ve just learned of a new filing in the POLAR lawsuit that is now in federal district court. Just yesterday, the Michigan Townships Association filed an amicus curiae brief in support of POLAR’s complaint, arguing that in the MTA’s view Enbridge is legally required to seek local consent prior to construction.
In our view, this is major; it is in many ways precisely the statement for which we’ve been waiting a very long time. Among other things, this means that Brandon Township is no longer alone– they’re now supported by dozens of townships all across the state.
We’ve obtained the filing from the court records and have begun looking it over. Stay tuned for more commentary and discussion once we’ve completed our review.
by Jeffrey Insko | Oct 4, 2012 |
If you’ll recall, a couple of weeks ago, Enbridge filed a Notice of Removal to have a POLAR lawsuit heard in federal court. The case is now before U.S. District Judge Robert H. Cleland. The suit filed by POLAR sought both a preliminary injunction and a temporary restraining order asking the court to halt construction work by Enbridge.
Late last week, Judge Cleland issued two orders in the case. First, he “terminated without prejudice as moot” POLAR’s motion for a temporary restraining order. What that means is that he did not rule one way or the other on the merits of the motion; rather, he ruled that the motion is a non-issue because the other motion– for a preliminary injunction– “supersedes” it. In other words, there’s no need for the court to consider both a preliminary injunction and a temporary restraining order. The court will consider just the former.
Why is this good news? Well, because it means that the the motion for a preliminary injunction WILL go forward; POLAR will have its hearing. So Judge Cleland’s second order set a date for that hearing– October 22– and gave a number of very pointed instructions for both sides on how to gather and present facts and evidence in advance of the hearing. (And I’ll tell you, having read lots of orders, filings, and hearing transcripts from county and state courts, it’s clear that these federal judges do NOT mess around; Cleland runs a very tight ship).
So mark your calendars: October 22nd will be a very important date for landowners along Line 6B.
by Jeffrey Insko | Oct 3, 2012 |
After a few days taking care of other business, we’ve been playing a little catch-up on the blog today. But we haven’t caught up enough; there’s more we’re trying to get to. Such as:
- the latest news on the federal suit filed by POLAR–and some of it is good!
- a little construction update: the dozers are coming our way!
- and our state Rep. Brad Jacobsen has promised us a letter; we can hardly wait!
Now two quick appeals:
- Our friends at POLAR are hoping to have members from every county and township along the route. Please consider joining. There is no obligation; you don’t have to donate to join. But if you are concerned about the way Enbridge conducts business and you support efforts to ensure that they respect state and local laws and citizen concerns, then you should consider becoming a member. You can join here: http://polarldf.com
- This one’s a little shameless and we’ve been avoiding asking. But: this humble blog is nearing 10,000 total views– not bad in just a few months, but certainly nothing compared, say, to your average Justin Bieber tweet. And anyway, we’re not in it for the glory; mainly we just want to keep our fellow landowners informed. However, the more light that gets shed on Enbridge, the more public pressure we can exert, the better for everyone involved or interested (and that should include every Michigander). Perhaps we can even rouse some elected officials out of their deep slumber. So we’re asking: if you’re a regular reader of the blog or just an occasional one, please help us build our audience. Become a subscriber (at the top right of your window). Share our posts with your friends and acquaintances and neighbors by email or on Facebook (especially Facebook!). “Like” them, “Tweet” them, Google + them or otherwise help disseminate them in whatever way you can think of. Thank you in advance!
by Jeffrey Insko | Sep 23, 2012 |
Another request from our friends at the POLAR legal defense fund: if you’ve been keeping up with events, you know that some of the legal tussles have begun to heat up. POLAR’s suit, for instance, appears to be heading to federal court. Other legal challenges are pending as well. These cases are expensive. If you are able to make a donation to the legal defense fund, please consider doing so. You can do so right through the POLAR website.
by Jeffrey Insko | Sep 21, 2012 |
As we reported late yesterday, Enbridge has filed a “Notice of Removal” to have POLAR’s recent lawsuit heard in federal rather than state court. We spent last night reviewing the relevant documents and can now provide some details. First, a brief explanation of the why and the how of this action: (more…)
by Jeffrey Insko | Sep 20, 2012 |
Wow, it’s been a busy week! Here is the latest: Enbridge yesterday filed a “Notice of Removal” requesting that a suit filed by POLAR be taken to federal court. Because Enbridge is an out-of-state corporation, they have the right to request the forum in which the suit takes place–in this case, federal court.
This is an interesting move, the implications of which we’re only beginning to work through. One thing is for sure: this raises the profile and perhaps even the stakes of the case a bit.
We have all of the relevant documents, including POLAR’s original complaint and Enbridge’s Notice of Removal filing. Once we’ve had a chance to peruse them, we’ll provide more detail– hopefully soon. Again: stay tuned.
by Jeffrey Insko | Sep 7, 2012 |
A couple of weeks ago, we reported on an MPSC hearing in which Administrative Law Judge Theresa Sheets denied intervenors’ motion for order compelling discovery– a ruling that essentially said Enbridge didn’t have to answer the questions they didn’t want to answer.
Among those questions was whether Enbridge had sought consent from local municipalities in which they’ll be working– a requirement, we think, pretty clearly described in the state constitution and statutory law. (I know, I know, we’ve written about this many times before, most recently here). Well, there’s some interesting, potentially very good, news to report. (more…)
by Jeffrey Insko | Aug 23, 2012 |
[Here is another request from the dedicated folks at POLAR. If you are able, please consider supporting their efforts.]
“POLAR had its weekly Board meeting today and we discussed our recent victories and our next steps to keep our momentum going. There are 4 fronts that require significant resources to turn our recent victories into permanent outcomes.
These 4 Fronts are where the battle is currently focused. Gary Field and Bill Tomblin outlined the legal steps and challenges in detail on our conference call.
POLAR is appealing to everyone to help gather the resources needed to turn our “foot in the door” into permanent outcomes that will protect our environment, protect our property rights and to hold this Canadian company accountable to the Citizens of Michigan.
Please donate what you can and contact everyone you know who share these core values and ask them to support our efforts through a donation to POLAR. POLAR has already committed funding to these efforts and will continue to do so to the extent we are funded.
You may donate now through the POLAR Website or you may send check or money orders to:
POLAR
C/O Jeffrey S. Theuer, Esq.
Loomis,Ewert,Parsley,Davis & Gotting, P.C.
124 West Allegan Street
Suite 700
Lansing, MI 48933
POLAR is fortunate to have the support of landowners and citizens who are concerned about companies that are seeking to take their land for purposes that may be harmful to the environment. You can do your part to help by making a donation today! Your support is greatly appreciated.”
by Jeffrey Insko | Aug 23, 2012 |
Every blogger hopes to reach as wide an audience as possible and I suppose that I am no exception. And since this blog is yet a mere fledgling, I am especially grateful for every single reader who stops by. So it was exciting to learn, late yesterday, that we have readers (or at least one) from Enbridge. Of course, we can’t help wondering who: is it spokesman Joe Martucci? Attorney Michael Ashton? CEO Patrick Daniel? or, what’s far more likely, is it some diligent legal assistant from the law firm that represents Enbridge? How frequently does he or she drop by? Is he or a she a subscriber? (more…)
