GREEN Construction of the NEXUS Pipeline won’t be preceding in the city of Green, at least not for the near future.
A panel of the 6th Circuit Court of Appeals voted Nov. 22 2-1 to halt any construction within the city. Green officials have fought to have the pipeline, which is expected to run eight-miles through the city, moved south using an alternative route. Green has studied the route in detail and said the alternative route would have fewer environmental impacts.
"We are pleased that the court finds that our petition has merit and a stay has been granted," Green Mayor Gerard Neugebauer said. "Construction is halted immediately for the eight-mile stretch of pipeline with the city of Green."
The city filed an appeal in the 6th Circuit Court of Appeals in Cincinnati in late September to revoke the awarded 401 Water Qualification Permit to NEXUS. In the filing, the city states the EPA ignored alternative routes provided and used information used from NEXUS regarding wetlands that would be impacted. The city calls the information about wetlands insufficient. The city had Cleveland State University study the impact, which showed the city would lose $52 million in revenue over a 50-year period.
NEXUS Spokesman Adam Parker said NEXUS is aware of the recent action.
"We are aware of the decision and are evaluating it, but beyond that it is our policy not to comment on pending litigation," Parker said.
The pipeline route would run 255 miles of 36-inch-diameter pipeline across the state of Ohio and carry 1.5 billion cubic feet of natural gas a day from the Utica and Marcellus shale regions.
Neugebauer said the case is likely not to be heard for the next two to six months.
NEXUS began storing some construction materials in a lot on Greensburg Road, but since the court issuing the stay of construction, most of the items have been moved. Neugebauer said the city spent some time in discussions with NEXUS about expectations if the company were to take city property by eminent domain, but those discussions will be on hold with the stay being issued.
During the Nov. 28 council meeting, Councilman Ken Knodel said the NEXUS issue first came up almost four-years-ago and all the council at that time supported fighting it. He said every piece of legislations has passed 7-0 to fight the pipeline, and both the past and current administration have supported the fight.
Knodel said a fight on eminent domain would have been spinning wheels and he feels the environmental fight is the best route the city has at success.