County Commissioner Sues Enbridge for gross negligence, negligence and nuisance for their role in 2010 spill READ FULL STORY & POLAR's Injunction Hearing in Federal Court Case is postponed until November 7th when Judge will rule on issue of POLAR's members standing in Federal Court READ FULL STORY
Brandon Township - MPSC Law Judge has ruled Enbridge needs to obtain Consents from townships.
Canadian Oil Pipeline Company Enbridge disregards Michigan Constitution and Highway Act ignoring Brandon Townships' Consent Resolution for highly toxic Tar Sands Oil Pipeline.
Legal Basis for Enbridge to Obtain "Consent" from a local government before beginning Construction
From the Michigan Constitution:
Article 7, § 29 Highways, streets, alleys, public places; control, use by public utilities.
From the Highway Act:
247.183 Public utilities, cable television companies, and municipalities; construction and maintenance of structures; consent of governing body; construction and maintenance of utility lines and structures longitudinally within limited access highway rights-of-way; standards; charges; use of revenue; use of electronic devices within limited access and rights-of-way to provide travel-related information.
From the Michigan Public Service Commission’s website:
Wolverine Pipe Line Company's Spartan Project
In a June 9, 2004 Opinion , the Michigan Supreme Court ruled that Wolverine must obtain the permission of the city of Lansing before constructing a gas pipeline longitudinally in the right-of-way adjacent to an interstate highway where part of the pipeline would be constructed within city limits. The opinion affirmed the Michigan Court of Appeals June 5, 2003 Order that Wolverine must obtain local consent but that such consent need not be obtained before the application is submitted to the Michigan Public Service Commission.
In an June 5, 2003 Order , the Michigan Court of Appeals affirmed the MPSC's appoval of the Spartan Project and concluded that the MPSC's determination that the proposed pipeline is reasonably designed and routed is supported by competent, material, and substantial evidence. The order noted that consent of local goverment is required by statute.
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