REX Sues Franklin County

You can read this article from the Indiana Law Blog. It speaks for itself. Maybe Franklin County will get to the Supreme Court yet! Here is the link and I am pasting the blog below. I must have missed the article in the Indy Star.
http://indianalawblog.com/archives/2008/12/ind_courts_even_18.html

It seems odd that REX recognized the State of Indiana as necessary to issue a permit. It follows, in my mind, that the State petitioning process through the Natural Resources Commission should also be a valid one in the eyes of REX. The fact that REX has filed the suit, must indicate that FERC isn't siding with REX on this. We will see. I believe the Indiana NRC Administrative Law Judge, Sandra Jensen, should have a ruling on the validity of the permit after the first of the year, so REX must not see it as breaking in their favor or they would not have taken this action.


Ind. Courts - Even more on Rockies Express Pipeline suing Indiana counties

Adding to the list of ILB entries on the Rockies Express Pipeline project making its way across our state, Jason Thomas of the Indianapolis Star reported yesterday:
A floodway in southeastern Indiana represents the latest obstacle for the builders of a multistate natural gas pipeline.

Lawyers for Rockies Express Pipeline LLC filed a lawsuit in U.S. District Court on Tuesday over access to the Whitewater River in Franklin County.

In January, the Department of Natural Resources granted the pipeline builders a certificate of approval to construct the 42-inch underground pipeline in the floodway.

Shortly thereafter, the Franklin County Drainage Board and several water utilities filed petitions with the Indiana Natural Resources Commission, requesting that the certificate of approval be overturned or reversed, according to the lawsuit.
In June, pipeline lawyers filed a motion to dismiss the commission's review of the certificate, stating that federal law pre-empted the commission's authority; the commission denied the motion in September.

The commission's denial of the pipeline's motion conflicts with the federal Natural Gas Act, according to the lawsuit.

The pipeline will suffer irreparable harm if the commission is not kept from reviewing the Department of Natural Resources' certificate, the lawsuit states.
Damage would include construction delays and contractual liabilities to contractors and equipment suppliers.

The pipeline firm is seeking an order declaring that the commission does not have authority to review the certificate and a temporary order restraining the commission from conducting an administrative review of the certificate.

The lawsuit also is seeking attorney fees and other costs associated with the lawsuit. Rockies Express has been awarded federal approval to build the final portion of a 1,600-mile pipeline from Colorado to Ohio.

The final leg, called Rockies Express-East, will run through nine Indiana counties as it stretches from Missouri to Ohio.

Posted by Marcia Oddi on December 13, 2008 08:59 AM
Posted to Indiana Courts