Category Archives: Legal

Our First Win with the Ohio Power Siting Board!

Thanks to the many members of the NOPE Community who wrote letters to the Ohio Power Siting Board, asking them to deny Duke’s request to waive formal notification and the required information meeting.  Your voices combined with the petition by NOPE’s legal counsel were effective!  Duke’s waiver request was denied.  Duke will hold an informational hearing (schedule TBD) similar in nature to the one held on June 15, 2016 at Cooper Creek in Blue Ash. Duke will be required to address the need for the project, the project schedule, the design of the facility and other pertinent data. This gives the community another opportunity to ask questions and have our collective voices heard.

The executive director for the OPSB stated the reason for requiring another informational hearing was that there were substantial changes to the application due to route adjustments in several locations for both the Preferred and Alternate routes that, in part, impact properties not previously impacted by the proposed routes, the decrease in pipe diameter by 33 percent (from 30 inches to 20 inches), and the decrease in pipeline pressure by 33 percent. This decision was upheld by the Administrative Law Judge, who further stated that until an informational meeting is held the time requirement for the OPSB to review Duke’s application is suspended. The time calculation for review will start up from the point it was suspended after the meeting takes place.

What you should do now:

Support NOPE through financial contributions.   NOPE has established a GoFundMe account in which to raise funds to continue its fight for all communities. We need your help.    You can either do so on-line or mail a check to: NOPEc/o Glenn Rosen, Treasurer 9228 Bluewing Ter, Blue Ash, OH  45236.  If you know of any businesses willing to donate please contact them. Donations are NOT tax deductible.

Volunteer to help.   We need people to help make a difference.  There are many interesting and flexible opportunities to contribute to the success of NOPE!  Please sign up now!

NOPE!Cincy Engages Legal Council to Represent Community Interests

Meet Nathan Alley

One of the most rewarding aspects of being involved with NOPE! is the opportunity to meet a diverse group of passionate, bright people who are dedicated to protecting and serving all of our communities.  In September 2016, we were introduced to Nathan Alley at a Miami Valley Sierra Club presentation.  Nathan has spent years practicing public interest and environmental law.  He is part of a cause-based legal firm called Fair Shake.  Nathan and his colleagues at Fair Shake represent modest means clients.  They have a unique business model focused on empowering communities, defending environmental justice and developing capabilities in other attorneys in environmental stewardship and justice.

Nathan Alley is from Ohio.  His commitment to environmental justice and stewardship is evident throughout out his career.  Nathan has a B.A. in Journalism and Religious Studies from Indiana University and a J.D. from the New York University School of Law.   He has more than a decade of experience working on issues involving oil/gas drilling and fracking, protecting water quality and agricultural lands.  Nathan has contributed to numerous law journals, periodicals and trade publications, and he is a regular presenter on topics such as land use, oil and gas development, air and water law, public participation and nonprofit advocacy.

He recently moved back to Greater Cincinnati to defend his own family’s multi-generational farm from suburban development.  NOPE! is very fortunate to have Nathan as a passionate advocate for our cause and environmental justice legal expert for our intervention case.

What you should do now:

Support NOPE through financial contributions.   NOPE has established a GoFundMe account in which to raise funds to continue its fight for all communities. We need your help.    You can either do so on-line or mail a check to: NOPEc/o Glenn Rosen, Treasurer 9228 Bluewing Ter, Blue Ash, OH  45236.  If you know of any businesses willing to donate please contact them. Donations are NOT tax deductible.

Volunteer to help.   We need people to help make a difference.  There are many interesting and flexible opportunities to contribute to the success of NOPE!  Please sign up now!

Will Duke Meet September 13th Application Deadline?

Duke continues their plans to pursue a transmission line through densely populated residential areas.  Here is what is happening:

September 13th is the due date for Duke’s Formal Application with the Ohio Power Siting Board (OPSB).  It is unclear whether Duke intends to meet that deadline or make minor adjustments to their proposed routes, buying them extra time to file. Perhaps Duke is waiting to see if public outcry over the pipeline has diminished before they decide to file or delay.

One thing that is clear is that there has been no indication that Duke plans to locate the pipeline outside of densely populated residential areas.  Despite what they might want you to believe, the pipeline is still a very active project for Duke.  Here is what Duke of Ohio CEO Jim Henning and other Duke representatives have been working on these past few weeks:

  • Holding private individualized meetings with elected officials from affected municipalities
  • Still poking around people’s property on the original routes to survey and take soil samples
  • Conducting phone push polls with loaded questions to gauge public opinion on the project
  • Being totally evasive when directly asked by elected officials if they are looking at starting over on route placement.

From what we have heard so far, Duke likely will make minor modifications to their design and routing plans.  We do not expect it to be relocated to less populated areas.  Duke may even offer up a smaller, although still unacceptable, transmission line.  (Perhaps this was their plan all along?  Make it look like they are being responsive to public outcry?)

Duke would probably like to continue with plans to file their formal application by September 13th.   Negative responses from leaders and citizens could influence a delay.

What you can do to help:

  1. Check out this amazing new letter generator on the NOPE website! You fill in the blanks; it sends up to 15 copies of your letter to key officials on your behalf!
    Remember, the more letters we can submit before Duke’s deadline, the better our chance of making a difference!  Enter your address, choose which of your elected officials you want to send your message to, create a custom message and hit “send”.
  2. Sign this petition to enact legislation to keep natural gas transmission lines at least 1mile away from Ohio schools.
  3. Participate in our #NOPEtoDuke Twitter Campaign.  Send a tweet every day.  Let’s see if we can get our message to more officials and private citizens.

Municipal Leaders Collaborate – Everyone Wins

On Friday, August 19th, I watched a group of elected officials who were absolutely engaged in defending and protecting their communities.  It was spellbinding…

That extraordinary magic unfolded in a simple multi-purpose room at the Pleasant Ridge Community Center.  This long planned event to bring together elected officials was the brainchild of Cincinnati City Council’s  PG Sittenfeld.  Leaders from all of the communities impacted by Duke’s Central Corridor Pipeline met to learn, share, collaborate and discuss legal strategies for stopping the pipeline.

Representatives from NOPE! were included at the table.  Members of the NOPE! Community stand together behind a single, simple message:  “This pipeline does not belong in anyone’s backyard.”  Friday’s meeting demonstrated that a growing number of local elected officials are with us not just in not just in word, but also in deed and spirit.

All communities affected by the pipeline were represented by at least one elected official. Some came with attorneys.  Elida Kamine, Sittenfeld’s Chief of Staff collaborated with a cracker-jack team from Sittenfeld’s office to design this remarkable event.  They included a fascinating blend of experts.  There were attorneys from Calfeewho came in from Cleveland that morning, including former PUCO Commissioner Steven Lesser.   Local civil rights attorney Jennifer Branch and Paul DeMarco, a class action attorney who won an $80+ million dollar case against Duke for anti-competitive practices, were there to share their insights.  Experts involved in pipeline and power plant siting and construction were at the table, including  Howard Miller and Michael Forrester from the City of Cincinnati’s Office of Environmental Stability.

Also seated at the table was a City Council Member from a small municipality.  She spoke about the challenges facing a very small city, with an even smaller budget.  But instead of indifference from the group, there were discussions about sharing resources and pricey attorneys encouraging ways for them to be part of intervention using limited budgets.

Todd Portune committed to sharing  resources from Hamilton County and reaching out to federal elected officials on behalf of the communities.   Bill Frost from Pleasant Ridge Community Council summed up the spirit in the room as the meeting was coming to a close, “When Duke files their formal application with the Ohio Power Siting Board, even if Pleasant Ridge is off of the route, we are still in this!”

Elected officials from large and small cities and villages wearing suits and ties and shorts and sandals were all gathered together.  There were no politicians in that room —  simply leaders trying to do their best for the communities they serve.  In this day of arrogance and ugly political rhetoric, it was truly an “AH HA” moment.  It brought about wistful feelings for a better way of working together.  In the end, everyone wins.

Here are the City of Cincinnati’s Formal Opposition to the Pipeline and Motion to Intervene.