Court puts pipeline project in NE Ohio city on hold
ENVIRONMENT /
GREEN — A federal appeals court in Cincinnati has temporarily frozen construction of the NEXUS Gas Transmission pipeline in the northeastern Ohio city of Green.
A panel of the 6th Circuit Court of Appeals voted 2-1 on Wednesday to halt construction on an 8-mile segment of the pipeline within the Summit County city’s borders.
“Needless to say, we are pleased with the decision the 6th Circuit Court has made,” said Valerie Wolford, city spokeswoman.
NEXUS was evaluating the decision, but a spokesman said he wouldn’t comment on a pending court case. Detroit-based DTE Energy and Enbridge, a Canadian company, are partners in the pipeline.
Construction work can continue on parts of the pipeline outside of Green.
The court’s order related to Green’s challenge of a permit issued by the Ohio Environmental Protection Agency for the interstate natural gas pipeline.
The city argues in court filings that Ohio EPA ignored alternate pipeline routes and relied on NEXUS-supplied information about wetlands that was unreliable and insufficient. As a result, the city would suffer damage to 28 wetlands, as well as aesthetic, recreational and economic injuries if the pipeline was built per the permit.
The appeal’s court said the city showed a strong likelihood of success with its argument and would suffer irreparable harm if NEXUS proceeded with construction while the case is pending.
In an email, Ohio EPA spokesman James Lee said the agency disagreed with the decision.
“In fact, Ohio EPA made a sound and reasonable determination of the wetlands’ quality and that Ohio’s water quality standards will be protected,” Lee wrote. “We look forward to further defending our conclusions as the court more fully considers the case on the merits.”
The 255-mile NEXUS pipeline starts near Hanoverton in Columbiana County and will connect to existing pipelines in Michigan.
The Federal Energy Regulatory Commission gave NEXUS approval to start construction in October.
The 6th Circuit Court of Appeals has yet to schedule a full hearing.