County charter opponents appeal to Supreme Court
Controversial NEXUS pipeline plan approved by FERC
MEDINA – Proponents of a county charter have appealed their right to place their proposal on the ballot to the Ohio Supreme Court while plans to build the controversial NEXUS pipeline took a giant step forward the next day when the Federal Energy Regulatory Commission gave its final approval to the project.
Nexus Gas Transmission reported in a press release that it received a certificate of public convenience and necessity from FERC to construct and operate the NEXUS interstate natural gas pipeline project. This approval authorizes NEXUS, subject to certain conditions, to proceed with final preparations to commence construction to meet an in-service date in 2018.
“NEXUS plans to provide an updated in-service date once we review the certificate order and construction plans,” said company spokesman Adam Parker.
NEXUS had originally planned to complete the pipeline this year but was delayed because FERC lacked the quorum needed to approve the NEXUS application until two new commissioners were seated on the energy commission in August.
Earlier this summer, members of Sustainable Medina County had submitted petitions to place an issue to create a county charter on the November ballot but the Medina County Board of Elections voted not to certify those petitions. Proponents claim a new county charter could empower local officials to resist construction of the NEXUS pipeline.
Charter proponents appealed the Board of Elections decision in Medina County Common Pleas Court but visiting Judge Peter Handwork ruled that the elections board was correct in finding the petitions invalid because the proposed charter does not meet requirements of the Ohio Revised Code and attempts to empower county officials to exercise control over federal and state laws that are beyond their authority.
Attorney Terry Lodge protested Handwork’s ruling to the Ohio Secretary of State and Aug. 24 filed another challenge with the Ohio Supreme Court on behalf of residents of Medina County and also Athens County where a similar county charter initiative was rejected by the board of elections there.
Lodge argues the . . . “conclusion that the petition does not adequately provide for an alternative form of county government, and that it contains provisions that are outside the initiative power because they are not within a county’s authority to enact, and not supported by law, are arbitrary, capricious and otherwise are not lawful.”
If enacted, the new charter would not replace the county commissioners and other elected officials, but would create home rule provisions and a so-called bill of rights that charter proponents think could empower elected officials to regulate large pipeline projects and natural gas wells that threaten the environment.
Another federal lawsuit filed by pipeline opponents has the potential to stall construction of the NEXUS Pipeline.
This challenge in U.S. District Court comes from 60 area residents who claim it is unlawful to lose their property through the use of eminent domain by what they consider a foreign business which plans to export the natural gas that is carried by the pipeline.
Those property owners say they will appeal their case to the Sixth Circuit Court of Appeals if the U.S. District Court in Akron rules against them.
Nexus Gas Transmission reported in a press release that it received a certificate of public convenience and necessity from FERC to construct and operate the NEXUS interstate natural gas pipeline project. This approval authorizes NEXUS, subject to certain conditions, to proceed with final preparations to commence construction to meet an in-service date in 2018.
“NEXUS plans to provide an updated in-service date once we review the certificate order and construction plans,” said company spokesman Adam Parker.
NEXUS had originally planned to complete the pipeline this year but was delayed because FERC lacked the quorum needed to approve the NEXUS application until two new commissioners were seated on the energy commission in August.
Earlier this summer, members of Sustainable Medina County had submitted petitions to place an issue to create a county charter on the November ballot but the Medina County Board of Elections voted not to certify those petitions. Proponents claim a new county charter could empower local officials to resist construction of the NEXUS pipeline.
Charter proponents appealed the Board of Elections decision in Medina County Common Pleas Court but visiting Judge Peter Handwork ruled that the elections board was correct in finding the petitions invalid because the proposed charter does not meet requirements of the Ohio Revised Code and attempts to empower county officials to exercise control over federal and state laws that are beyond their authority.
Attorney Terry Lodge protested Handwork’s ruling to the Ohio Secretary of State and Aug. 24 filed another challenge with the Ohio Supreme Court on behalf of residents of Medina County and also Athens County where a similar county charter initiative was rejected by the board of elections there.
Lodge argues the . . . “conclusion that the petition does not adequately provide for an alternative form of county government, and that it contains provisions that are outside the initiative power because they are not within a county’s authority to enact, and not supported by law, are arbitrary, capricious and otherwise are not lawful.”
If enacted, the new charter would not replace the county commissioners and other elected officials, but would create home rule provisions and a so-called bill of rights that charter proponents think could empower elected officials to regulate large pipeline projects and natural gas wells that threaten the environment.
Another federal lawsuit filed by pipeline opponents has the potential to stall construction of the NEXUS Pipeline.
This challenge in U.S. District Court comes from 60 area residents who claim it is unlawful to lose their property through the use of eminent domain by what they consider a foreign business which plans to export the natural gas that is carried by the pipeline.
Those property owners say they will appeal their case to the Sixth Circuit Court of Appeals if the U.S. District Court in Akron rules against them.
