PIPELINES VS PROPERTY RIGHTS
The Eminent Domain Battle is
Rejuvenated
February 1,
2015
From: The Federation of Connecticut Taxpayer
Organizations
Contact: Susan Kniep,
President
Website:
http://ctact.org/
Email: fctopresident@aol.com
Telephone: 860-841-8032
TransCanada begins condemnation
proceedings
Lincoln Journal Star • By Nicholas Bergin | Lincoln Journal Star
By Nicholas Bergin | Lincoln Journal Star
Reach the writer at 402-473-7304 or nbergin@journalstar.com.
Follow him on Twitter at @ljsbergin.
TransCanada, the company that wants to build the $8 billion
Keystone XL pipeline, filed court documents Tuesday in nine Nebraska counties
starting eminent domain proceedings to get the 12 percent of easements it still
needs here.
WEB LINK: http://journalstar.com/news/local/transcanada-begins-condemnation-proceedings/article_986c08ce-b888-51ac-86d9-101749f7a561.html
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Ky. must restrict eminent domain
Lexington Herald Leader Jan 29, 2015
Kentucky's Rand Paul
was one of only two Republicans in the Senate who voted to protect the property
rights of those whose homes and farms lie in the path of the proposed Keystone
XL Pipeline.
Paul
supports the crude-oil pipeline but saw that something bigger is at stake when
private companies claim the power to seize property that is not theirs. Paul
might have been playing to his Tea Party base, but his vote kept the faith with
rural Kentuckians across the political spectrum.
Despite
receiving pleas from rural Nebraskans, the other Kentuckian in the Senate,
Majority Leader Mitch McConnell, voted against an amendment that would have
blocked the use of eminent domain by TransCanada. The Canadian company wants to
transport crude oil from Alberta tar sands to Gulf Coast
refineries.
Continue
reading at ….
http://www.kentucky.com/2015/01/29/3666568_ky-must-restrict-eminent-domain.html?rh=1
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From the Federation: The Battle launched
by Susette Kelo, her
neighbors, supporters, and the Institute for Justice over 10 years ago rejuvenated
Americans throughout the country in a quest to preserve their property rights
when the long arm of government attempted to seize their homes and properties
from them. As detailed within New London , Connecticut | The
Institute for Justice…..
The fight over Fort
Trumbull eventually reached the U.S. Supreme Court, where the Court in 2005, in
one of the most controversial rulings in its history, held that economic
development was a “public use” under the Fifth Amendment to the U.S.
Constitution. “The Supreme Court’s 5-4
decision against Kelo
and her neighbors sparked a nation-wide backlash against eminent domain abuse,
leading eight state supreme courts and 43 state legislatures to strengthen
protections for property rights. Moreover, Kelo
educated the public about eminent domain abuse, and polls consistently show
that Americans are overwhelmingly opposed to the Kelo
decision and support efforts to change the law to better protect home and small
business owners. Moreover, citizen activists have defeated 44
projects that sought to abuse eminent domain for private development.
Today, the battle to protect property rights has resumed as
a foreign company, with the support of some members of Congress, is opening the
door to seize the homes and properties of American citizens.
The following lends insight into …..
TODAY, MANY AMERICANS ARE ATTEMPTING
TO PROTECT THEIR PROPERTY FROM CONFISCATION BY GOVERNMENT, DEVELOPERS AND FOREIGN CORPORATIONS
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On Oct 17, 2011, LESLIE KAUFMAN
and DAN FROSCH
wrote in their New York Times article captioned Eminent Domain Fight Has a Canadian Twist the following….
A Canadian company has been threatening to
confiscate private land from South Dakota to the Gulf of Mexico, and is already
suing many who have refused to allow the Keystone
XL pipeline on their property even though the controversial
project has yet to receive federal approval.
Randy Thompson, a cattle buyer in Nebraska, was informed
that if he did not grant pipeline access to 80 of the 400 acres left to him by
his mother along the Platte River, “Keystone will
use eminent domain to acquire the easement.” Sue Kelso and her large
extended family in Oklahoma were sued in the local district court by TransCanada,
the pipeline company, after she and her siblings refused to allow the pipeline
to cross their pasture.
“Their land agent told us the very first day she met with
us, you either take the money or they’re going to condemn the land,” Mrs. Kelso
said. By its own count, the company currently has 34 eminent domain actions
against landowners in Texas and an additional
22 in South Dakota.
The article is continued at http://www.nytimes.com/2011/10/18/us/transcanada-in-eminent-domain-fight-over-pipeline.html?pagewanted=all&_r=0
Subsequently,
the public has been inundated with news articles of Americans throughout the
country fighting to protect their properties, their homes, their businesses,
and their farms from confiscation by a foreign company in their pursuit of
constructing the Keystone Pipeline. Many
articles follow.
We would be
interested in hearing from you.
Do you Support
or
Do you Not Support
Congress allowing a Foreign Company to
Confiscate Homes, Businesses, Land, Farms Owned by Americans
Write to fctopresident@aol.com
***************
TransCanada Uses Eminent
Domain for Private Gain for Keystone XL
eNews Park
Forest
Eminent domain was never intended to be used
for private gain, yet that is what Nebraska lawmakers are letting TransCanada
do to landowners today ...
TransCanada files eminent
domain papers in nine Nebraska courts –
Nebraska Radio Network
Full Coverage
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Questions About
Pipelines and Private Property
New York Times JULY 31, 2014
By JIM MALEWITZ jmalewitz@texastribune.org
http://www.nytimes.com/2014/08/01/us/questions-about-pipelines-and-private-property.html?_r=0
Amid an oil and
gas boom that has increased demand for new pipelines, Texas regulators have proposed new rules
that have renewed a clash between two major state interests: energy development
and private property rights.
The Railroad Commission of Texas — which regulates the
state’s 426,000-mile network of natural gas, hazardous liquid and other
pipelines — has offered rules aimed at clarifying when pipelines qualify as
“common carriers,” a status indicating availability for public use and enabling
companies to seize private land using eminent domain. The agency is accepting
comments on the proposal until late August.
The proposal would require companies to submit documentation
supporting a common carrier claim and give the commission 45 days to review an
application. Currently, companies seeking common carrier status need only to
mark a line on a permit application —
an honor system that has spurred legal battles over eminent domain claims. Continue reading at…..
http://www.nytimes.com/2014/08/01/us/questions-about-pipelines-and-private-property.html?_r=0
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Jobs, Oil Trump Constitution - Liberty First - KrisAnne Hall
January 12, 2015 By KrisAnne Hall
The Keystone Pipeline is a major hot topic these days.
I feel obliged to bring up some concerns about the language of HR 3, The Northern Route Approval Act which the House
of Representatives passed to clear the way for laying the pipeline.
Justin Amash, Representative from the 3rd District in Michigan,
first alerted us to the problems with this bill.
It is a short bill; the language is clear and concise so it isn’t difficult to
understand. The problem is simply this; This bill grants federal permit
exemptions not available to anyone else, extends the government privilege
of eminent domain, and denies the people and the States their right of due
process all in favor of a single private foreign corporation, the TransCanada
Keystone XL Pipeline, L.P. Here are the particular areas of
concern:
In section
3 titled KEYSTONE XL PERMIT APPROVAL, the bill singles out the foreign
corporation, TransCanada Keystone XL Pipeline, L.P., and gives them exemptions
from obtaining certain permits required by the Department of State, yet all
other corporations in the same situation are required to comply with
permitting. Equal treatment under the law?
Section 5
of HR 3 also exempts this private foreign corporation from obtaining the
necessary permits required by the Endangered Species Act of 1973. The law
claims that “environmental reviews performed for the Keystone XL pipeline
project” satisfies the requirements of the Endangered Species Act. If
that is so, then why does Congress have to “exempt” this private foreign
corporation from the permitting process? Subsection (b) of section 5
declares that any violation of the section of the Endangered Species Act
“incidental to the construction or operation” by this private foreign
corporation is ok and “shall not” actually be considered a violation. So,
they have complied and if they are ever out of compliance then they are still
in compliance… What???
READ ENTIRE ARTICLE AT ….
http://krisannehall.com/jobs-oil-trump-constitution/
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Protecting the Land of the Free
January 28, 2015 | By Alyssa Sobotka Antelope Staff unkantelope.com
TransCanada says, ‘Safest
pipeline yet’ – Nebraska
landowners not willing to gamble
The
Keystone XL Pipeline has been making news headlines since the pipeline was
commissioned in 2010, and the beginning of 2015 proves to be no different.
Still
in the first month of the New Year, the proposal of the new Keystone XL
Pipeline is on a fast track.
A
Keystone pipeline is currently in existence and travels from Alberta,
Canada, down into the U.S. from North Dakota
to Oklahoma.
The pipeline also extends into Missouri and Illinois.
The
proposed Keystone XL Pipeline will also begin in Alberta,
Canada, but begin in the U.S. in Montana,
crossing into South Dakota and meeting the
existing pipeline in Steele City,
Nebraska. Finally, it will extend
farther south to its end destination: a refinery in Texas
before reaching the Gulf of Mexico for export.
What
is on the line? It depends who you ask.
TransCanada
has necessary easements in all states in the proposed route, barring Nebraska,
to construct the XL Pipeline.
What’s
stopping TransCanada from building in Nebraska?
The landowners.
Continue
reading at
http://unkantelope.com/wordpress_antelope/2015/01/28/protecting-the-land-of-the-free/
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Senate OKs Keystone XL Pipeline, Setting Up Fight With ...Obama
JANUARY 29, 2015 - Updated at 5:04 p.m.
ET - npr.org
The Senate in a bipartisan 62-to-36 vote approved Thursday
the Keystone XL pipeline project, setting up a faceoff with the White House,
which has threatened a presidential veto.
Nine Democrats joined 53 Republicans to pass the measure,
which now must be reconciled with a version passed last month by the House. The
Senate vote is also not enough to override a presidential veto.
Continue reading at …..
http://www.npr.org/blogs/thetwo-way/2015/01/29/382430179/senate-prepares-to-ok-keystone-xl-oil-pipeline-despite-obama-veto-threat
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Ohio groups accuse companies of
bullying tactics to get easements for two pipelines
Akron Beacon
Journal By Bob
Downing Beacon Journal staff
writer
January 28, 2015
Bob Downing can be reached at 330-996-3745 or
bdowning@thebeaconjournal.com.
Five Ohio grass-roots groups have sent a letter to a federal
agency to complain about tactics they say are being used by two companies that
want to build natural gas pipelines across northern Ohio.
The Jan. 27
letter was directed at the companies behind the Nexus and Rover pipeline
projects.
It was sent
to Kimberly Bose, chair of the Federal Energy Regulatory Commission, the agency
that oversees interstate pipeline construction. Signers were the Concerned
Citizens of Medina County, the FreshWater
Accountability Project, Neighbors Against Nexus, the Buckeye Forest Council and Food and Water Watch.
In the
letter, the groups ask that FERC immediately intercede to halt what they call
high-pressure, “bullying” tactics to get consent from Ohio landowners for pipeline easements along
the proposed routes.
Companies
have threatened to seize land by eminent domain if landowners fail to sign
easements, the groups said, noting that eminent domain cannot be used until far
later in the permitting process.
“FERC’s
written policies signal pipeline companies that they can intimidate homeowners
and force faster approval of the permitting at FERC,” said Toledo attorney
Terry Lodge, author of the letter. “The companies are exploiting that opening.”
Both
pipelines would transport natural gas from eastern Ohio
to the Detroit area and Ontario, Canada.
The $4.4
billion Rover Pipeline, proposed by Texas-based Energy Transfer Partners, would
measure 24 to 42 inches in diameter. It would run 800 miles and could transport
3.25 billion cubic feet of gas per day — enough to heat 12 million houses for a
year. Locally, it would run through Stark and Wayne counties.
The $2
billion Nexus project, with a pipeline 42 inches in diameter, is planned by
Texas-based Spectra Energy Partners and Michigan-based DTE Energy Co. It would
transport up to 2 billion cubic feet of natural gas per day, running under
parts of Summit, Stark, Wayne and Medina counties along its
250-mile path.
Landowners
in New Franklin, Green and Stark and Medina counties, along
with some public officials in those areas, have expressed opposition to the
project in general or to its proposed route.
Efforts to
contact the two pipeline companies were unsuccessful.
Click
here to read or leave a comment(s) on this story.
Continue reading at ….. http://www.ohio.com/news/local/ohio-groups-accuse-companies-of-bullying-tactics-to-get-easements-for-two-pipelines-1.562254
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Keystone marathon begins in Senate
By Laura Barron-Lopez
The Senate on Tuesday began what is expected to be a
weeks-long debate.
By Laura
Barron-Lopez - 01/21/15 06:16 AM EST
The Senate on Tuesday began what is expected
to be a weeks-long debate over the Keystone XL pipeline by holding a trio of
amendment votes.
Out of the three amendments proposed, only one
— Republican Sen. Rob Portman’s (Ohio) trimmed-down version of an energy
efficiency bill — passed, in a 95-4 vote.
Two other
amendments proposed by Democrats — one that would have banned the export of oil
shipped through the Canada-to-Texas pipeline and another that would have
required the project be built with U.S. steel — were killed by the
Senate.
Sen. Ed Markey (D-Mass.) slammed Republicans,
claiming they “blocked” his amendment on oil exports and used a procedural move
to “table” the amendment and halt debate.
Republicans shot back that a motion to table
simply means the Senate as a whole doesn’t think the amendment should get a
vote.
http://thehill.com/policy/energy-environment/230162-keystone-marathon-begins-in-senate
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In a contentious 4-3 decision, the Nebraska Supreme Court
reversed a lower court’s ruling that struck down the state law used to approve
the Keystone XL route.
TransCanada Takes Steps to Acquire
Keystone Pipeline Land - ABC News Full Coverage
**************************
Nebraskans File New Lawsuits That Could
Stop The Keystone XL Pipeline
by Emily Atkin Posted on January 20, 2015
Tags: Keystone
XL Nebraska
Tags: Keystone XL, TransCanada
Nebraska landowners have
launched two separate lawsuits that, if successful, could serve to delay or
even stop the construction of the controversial Keystone XL tar sands pipeline.
The lawsuits, filed last week, represent Nebraska property owners’
second attempt to challenge the constitutionality of a law that gave the
Keystone XL pipeline a legal route through the state and, by extension, their
property. The landowners claim that TransCanada — the Canadian company that
wants to build Keystone XL — made direct threats to use eminent domain and
seize their land if they did not consent to having the pipeline run though it.
“We stand
with landowners to protect property rights and a constitutional pipeline
routing process,” said Jane Kleeb,
director of Bold Nebraska, a group that has been at the center of the state’s
Keystone XL opposition movement. “While we fight to ensure TransCanada and the state of Nebraska
do not run roughshod over farmers and ranchers, we also call upon
President Obama to reject Keystone XL now.”
The law that
is being challenged is called LB1161. The landowners say it is unconstitutional
because it allows pipeline companies, like TransCanada, to bypass the state’s
Public Service Commission (PSC) when seeking approval of their route through
the state and go directly to the Governor. The landowners say that the PSC,
which has a stricter permitting process, is the only entity with direct
authority to regulate pipelines under Nebraska’s
state constitution.
More
specifically, the landowners say former Gov. Dave Heineman
“abus[ed]
the powers of his office … by taking away the authority from the PSC … and
instead [gave] the authority to himself to approve a pipeline and give a
foreign corporation the power of eminent domain before they have all their
permits in place.”
Continue reading at ….. WEB LINK: http://thinkprogress.org/climate/2015/01/20/3613050/two-new-keystone-xl-lawsuits/
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Keystone XL pipeline: Project puts
water, land at risk
The Missoulian Trans Canada Jan 20, 2015
On Jan. 9 in the Missoulian,
I read Sen. Steve Daines cast his first vote for the
development of the Canadian Keystone XL pipeline in the Senate
Energy and National Resources Committee.
This Canadian pipeline crosses six counties in Montana and four states: Montana,
South Dakota, Nebraska
and Kansas.
The claim is for two years of annual jobs. The nature of the work means only 10
percent of the workforce would come from the four states, 1,500 direct and 2,200
indirect (maybe jobs, café, housing, etc.). Once finished, there will be 35
permanent jobs and 15 temporary to operate it. No mention of permanent
monitoring jobs for leaks.
We all know pipelines leak. The shale oil from Alberta is a special
problem; it needs to be thinned down so it will flow. The thinning carcinogenic
chemicals required cannot be removed in any water treatment plant. When this
oil spills, the additives will separate from the oil. They do not float on
water; they settle out into the water and sink.
Amendments requiring cleanups is a hollow promise that has
not worked yet. When cleanup attempts are made, it is with U.S. taxpayer money because the
foreign country has left ignoring the cleanup agreement. There would he no
cleanup possible when a spill happened with this pipeline over Nebraska. A
hundreds-of-years collection of clean water in the aquifer under Nebraska would be
damaged for all time. Should the U.S. take the risk with this
pipeline for the handful of jobs promised?
Trans Canada has used eminent domain to cross the land of Danell Garoutte of McCone County,
Montana. No foreign
country should be able to use eminent domain against an American landowner. Nebraska people in the
pipeline path have had eminent domain used against them, also. It puts
everyone’s water and land at risk.
M.M. Plouzek, Thompson Falls
http://missoulian.com/news/opinion/mailbag/keystone-xl-pipeline-project-puts-water-land-at-risk/article_9bd511ab-791d-5532-8ee3-639ce64073d3.html
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Governor bans natural gas drilling on
state-owned land
By Eric Boehm / January 30, 2015 Watchdog.org
Pennsylvania won’t be opening up more of its state parks and
forests to gas drillers, at least under Gov. Tom Wolf’s watch.
Wolf issued an executive order Thursday prohibiting
the state from leasing more land within state-owned parks and forests – about
370,000 acres have already been leased – for the purposes of gas drilling. The
energy industry criticized the decision as a “lose-lose” for Pennsylvania taxpayers and energy
consumers.
Continue reading at ….
http://watchdog.org/196619/gas-drilling-wolf-pennsylvania/
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Keystone builder files for eminent
domain for pipeline route
The Hill By Timothy Cama - 01/20/15 10:33 AM EST
The company
building the Keystone XL pipeline is filing eminent domain claims to take
easements for the pipe from landowners who do not want to willingly sell their
land rights.
TransCanada
Corp. said Tuesday that it filed the court documents in Nebraska for the parts
of the planned pipeline route for which it does not have easements, which
amounts to 12 percent of the route.
“Despite the filings,
TransCanada will continue to work to acquire voluntary easement agreements,”
Andrew Craig, who is leading the Keystone land efforts for TransCanada, said in
a statement.
“If we are
unable to come to agreement, a panel of local appraisers appointed by the
county court will recommend a value for compensation,” he said. “Eminent domain
is a last resort and our first priority is always to negotiate voluntary
agreements with landowners.”
Continue reading at ….. WEB
LINK: http://thehill.com/policy/energy-environment/230027-keystone-builder-files-for-eminent-domain-for-pipeline-route
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Challenge to XL Keystone Pipeline Aims
at Neb. Eminent Domain Law –
Courthouse News Service By
TED WHEELER Jan 20, 2015
(CN)
- Landowners in two Nebraska counties sued TransCanada Keystone Pipeline,
challenging the constitutionality of a state law that grants the Canadian oil
giant eminent domain powers to complete its controversial Keystone XL pipeline.
The law in question, LB 1161, also gives the
governor the power to approve routing of the tar sands oil pipeline, though
this responsibility is expressly granted to the Nebraska Public Service
Commission in the state constitution, both complaints state.
Lead plaintiff Terry Byron Steskal
sued in Holt County,
lead plaintiff Susan Dunavan in York County. Both virtually identical lawsuits
were filed on Jan. 16. Both counties are in central Nebraska.
Both claim that LB 1161 "unlawfully
delegates to the governor the Legislature's plenary authority and
responsibility to decide what designees of the Legislature may exercise the
power of eminent domain." Continue reading at ….
http://www.courthousenews.com/2015/01/20/challenge-to-xl-keystone-pipeline-aims-at-neb-eminent-domain-law.htm
Full Coverage
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NY fracking ban won’t change
pipeline plans here - Local...
By HEATHER
STAUFFER | Staff Writer | Updated 1 month ago
Will the fracking ban New York Gov. Andrew Cuomo announced Wednesday
change anything here?
On several fronts,
people said Thursday, the answer is “Probably not.”
One was Chris
Stockton, spokesman for Tulsa-based Williams Partners. The Atlantic Sunrise natural gas pipeline the company wants to build
would stretch from northeastern Pa. through Lancaster County. Despite the proximity to New York, however, Stockton
said the pipeline’s focus is Pennsylvania’s
abundant natural gas. New York
has had a moratorium on fracking since 2008.
RELATED: Township becomes first in Lebanon County to pass
resolution against proposed gas pipeline
RELATED: Lancaster County Pipeline Proposal: Complete Coverage
“What's happening
in New York doesn't have an effect on the need
to get gas developed in Pa. to places that
need it,” Stockton
said. Gas from New York
or some other state “would ultimately be a totally different project for a
different day.”
Another was Rettew spokeswoman Holly White. The Lancaster County-based company has
been active in the oil and natural gas industry but, she said in an
emailed statement, “will not be directly affected by
Cuomo's official stance on hydraulic fracturing, since we do not provide
services to the oil and natural gas industry in New York state.”
“Although we do
have an office located in Delhi,
New York, we primarily provide surveying
and land development services to clients outside of the energy industry,” White
said.
The natural gas
industry has generally decried the ban, and the Marcellus Shale Coalition is no
exception.
Heather Stauffer
covers the health care industry. She can be reached at hstauffer@lnpnews.com
or 717-481-6022.
Share on facebook
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Continue reading at …..
http://lancasteronline.com/news/local/ny-fracking-ban-won-t-change-pipeline-plans-here/article_7191c7fe-86d8-11e4-ac4e-db16cabca13e.html?mode=jqm
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Dakota Access Pipeline update
Iowa State Daily Jan 20, 2015 By Sam Vander Forest,
samuel.vanderforest@iowastatedaily.com
WEB LINK:
http://www.iowastatedaily.com/dct/essentials/article_285d6962-a028-11e4-b21c-47736562d836.html
The Dakota Access
Pipeline proposal has been shrouded in controversy for months now and with
eminent domain being filed in both Illinois and Iowa by the proposing company
Energy Transfer LLC, it seems appropriate for an update.
Last week, a
coalition of over a dozen environmental groups in Iowa
reported to the Iowa
Utilities Board that the company failed to give proper notice to landowners and
all involved about public information meetings about the project.
The coalition also
states that that are discrepancies in Energy Transfer’s promise of depth for
the pipeline. The coalition claims that the original plan was to bury it 60
inches deep, but changed that number to 48 inches in informational meetings.
The IUB is reviewing the coalition’s motion and will not allow the company’s application
for the project to go through until these discrepancies are worked out.
Continue reading
at …..
http://www.iowastatedaily.com/dct/essentials/article_285d6962-a028-11e4-b21c-47736562d836.html
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Enbridge pipeline construction waits
for trials
Vidette Online The
appeal by Julia Moreno
on January 19, 2015
http://www.videtteonline.com/index.php/2015/01/19/enbridge-pipeline-construction-waits-for-trials/
This spring,
Enbridge hopes to start construction on the proposed 165-mile oil pipeline.
However, some landowners are still attempting to derail the project.
The
Canadian-based company is currently building a pump station at its Flanagan
Terminal in rural Pontiac.
The pipeline will start at the Flanagan Terminal and go through several
counties including McLean, DeWitt and Macon. The ending hub will be in Patoka
in southern Marion
counting.
The Southern
Access Extension still needs 68 parcels of land to complete the project.
Originally there were 80 parcels, but the company has reached agreements with
landowners. The project is subject to eminent domain cases of circuit courts.
No trials have started.
Ellsworth
attorney Tom Pliura represents about 100 clients who
are fighting the impending domain process. Pliura has
an appeal pending in the Fourth District Appellate Court. The appeal is
contesting the Illinois
Commerce Commission’s decision to allow Enbridge to pursue eminent domain for
the property it needs.
Tags dewitt countyenbridge pipelineflanagan terminalillinois commerce commissionlocalmacon countyMcLean Countyoil pipelinesouthern access extension
Enbridge
gets OK to pursue eminent domain for pipeline
May 03, 2014 • Mary
Ann Ford mford@pantagraph.com
(45) Comments
BLOOMINGTON — The Illinois
Commerce Commission has ruled Enbridge Pipelines can pursue eminent domain to
get the remaining right-of-way it needs for a planned 167-mile pipeline from
Flanagan to Patoka.
Enbridge wants to
begin construction on the light crude oil pipeline this summer and have it
operational by mid-2015, said Jennifer Smith, communication manager for
Enbridge.
But LeRoy attorney Tom Pliura, who
represents about 100 landowners along the route, said Friday, "That's
hogwash. We're going to be in court and challenging this thing. It
probably will go to the appellate court."
Pliura said the original
project approved by the ICC was for a 36-inch pipeline that Enbridge officials
maintained would bring hundreds of thousands of barrels of petroleum to the Midwest. The pipeline now has been downsized to 24 inches
and Pliura maintains the crude oil will go to China.
"It's not
going to benefit anybody, but the shareholders of Enbridge ... Exxon Mobile and
China,"
he said.
dition, Pliura
maintains the company will be busing in workers from Michigan to build the pipeline.
Pliura said he will be
filing a motion asking the ICC to reconsider its decision. If it's denied, he
said he will appeal to the appellate court. Pliura
previously appealed ICC's decision giving Enbridge permission to build the
pipeline. The 4th District Appellate Court upheld the ICC decision, 2-1, in
December 2010.
Beth Bosch, ICC
spokeswoman, said the commission's decision this week only allows Enbridge to
pursue eminent domain; Enbridge will still need to go to court to obtain the
property.
Smith said the
company plans to continue negotiating for the remaining 120 parcels it needs,
and at some point, landowners will get a letter about the court process.
**************************
