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Stephon B. Bagne’s expertise in representing property owners in condemnation cases is widely recognized. Stephon has represented all types of property owners in a variety of situations including vacant and improved property, partial and total takings, easement and fee acquisitions, involving commercial and residential properties. He has won jury trials in courts throughout the State of Michigan and successfully defended those verdicts before the Michigan Court of Appeals. Stephon has prevailed in challenges of the necessity of takings and negotiated less onerous acquisitions in partial taking matters. He regularly speaks and writes about eminent domain and other real estate law issues for a variety of professional organizations. For a more complete bio, please click here.

 

 

 

 

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Wednesday
Sep092015

FERC Issues Project Update for Nexus Gas Transmission Project

FERC document describes process by which property owners can provide input relating to environmental review process for the Nexus Gas Transmission Project (“Nexus”) plans to construct a new interstate natural gas project in Michigan and Ohio. 

Nexus is pursuing the regulatory approvals needed for a new line that includes properties in Southeast Michigan.  Here is the location of the pipeline in Michigan.

In order to construct that process, Nexus must complete review processes before the Federal Energy Regulatory Commission for (“FERC”).   FERC recently issued an update document describing the environmental review process.  The update explains the environmental review process. 

FERC is the federal agency responsible for conducting the environmental review of the projects.  In compliance with the National Environmental Policy Act, FERC is preparing  an environmental impact statement (EIS) for the planned projects.  The U.S. Environmental Protection Agency is cooperating in the development of the EIS.  The EIS will identify and describe potentially affected lands and resources, disclose the potential impacts on these resources, evaluate alternatives, and describe, as appropriate, any avoidance, minimization, and mitigation measures necessary to reduce the potential impacts of the Nexus Project.

On June 12, 2015, Nexus filed draft environmental resources reports (RRs) that describe the planned Nexus Project facilities, potential impacts on environmental resources, and the company’s mitigation measures designed to minimize those impacts (the complete set of draft RRs can be found here.

The public can view FERC’s draft environmental resource reports and provide comments to the FERC on the environmental issues addressed.

FERC continues to receive comment letters about the Nexus Project.  These letters have come from potentially affected landowners, concerned citizens, agencies, elected officials, non-governmental organizations, and other interested parties.  FERC staff is reviewing each comment letter to identify the environmental concerns that should be addressed through the environmental review process.  The primary issues that continue to be raised include, but are not limited to:

  • Route alternatives
  • Impacts on wildlife and wildlife habitat, including threatened and endangered species
  • Impacts on groundwater (including water supplies and wells), springs, surface waters, and wetlands
  • Impacts on soils, agricultural lands and drain tiles, and mining areas
  • Impacts on public lands, recreational and natural areas, include the Oak Openings Region
  • Impacts on cultural resources, including cemeteries/burial grounds, and sites of historical interest
  • Impacts on residences, residential property values, and visual resources
  • Public health and safety, including emergency response
  • Impacts on air quality and ambient noise levels, especially related to compressor stations

FERC’s update provide a visual chart identifying the environmental review process. 

I have been contacted by property owners impacted by the Nexus Project and would welcome the opportunity to discuss it with you if you are also impacted. 

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