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Maryland AG Seeks Dismissal of Lawsuit to Compel Maryland to Allow Fracking Pipeline

June 18th, 2019 by WCBC Radio

Maryland Attorney General Brian E. Frosh has moved to dismiss a federal lawsuit brought by Columbia Gas Transmission, LLC against the State of Maryland, in which Columbia Gas seeks to condemn state property to run a natural gas pipeline through Western Maryland.  The Attorney General’s motion to dismiss was filed on June 17. 

 

Columbia Gas filed their lawsuit on May 17, after the Maryland Board of Public Works voted unanimously against granting an easement for a segment of the pipeline that would be drilled under the Western Maryland Rail Trail.  The lawsuit seeks a preliminary injunction that would grant Columbia Gas immediate access to property.  Columbia Gas is owned by TransCanada Corp., and the pipeline would transport fracked gas from Pennsylvania to a proposed insulation factory in West Virginia.  Over 60 members of the General Assembly have signed a letter opposing the grant of an easement.

 

Columbia Gas had obtained from the Federal Energy Regulatory Commission a certificate of public convenience and necessity (CPCN), which nominally gives it the power to condemn property.  Although the CPCN authorized the construction of the pipeline, the State argues in its motion that the Eleventh Amendment to the U.S. Constitution prevents a federal court from ordering the State to grant the easement. 

 

“We are vigorously defending Maryland’s right to refuse a pipeline company’s efforts to drill under State land,” said Attorney General Brian Frosh.  “The U.S. Constitution does not allow a court to compel the State to grant an easement in a case like this one.”

 

7 comments on this post.
  1. jackblack:

    the only thing that tree huggin’FROSH SHOULD BE COMPELLED TO DO—IS SHUT UP,POUR A TALL GIN,AND DO SOMETHING POSITIVE FOR THE WORKING MAN IN MARYLAND—–LIBERALS WHY DO WE THE PEOPLE PUT UP WITH THEM?

  2. Lav:

    Kudos to you Frosh! Finally, someone not afraid to stand up for Maryland and its environment and safety of its people! I commend you!

  3. mac:

    The working man in Maryland will only benefit from being employed in the clean up work after the pipeline starts leaking crude. That’s not an if but a when. Every pipeline has leaked.

  4. Brian:

    It’s not crude oil you idiot it’s natural gas

  5. mac:

    > My mistake and thank you for your thoughtful comment.

  6. Brian:

    this gas it’s for a plant that makes rockwool this is a material that is used to insulate pipes and equipment to save energy this material is going to be made somewhere do you want it made in China with no pollution controls on their Factory or do you want it made in United States with all the latest pollution controls

  7. Brian:

    Last time I checked the air in China eventually makes it to the United States

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