The Supreme Court of Ohio has upheld the decision of the Ohio Power Siting Board to approve the construction of a 3.7-mile natural gas distribution pipeline in Lucas County, dismissing a challenge from Yorktown Management. The court's unanimous opinion concluded that the board acted lawfully and reasonably in approving Columbia Gas of Ohio's Ford Street pipeline project in Maumee.
Justice Melody Stewart, writing for the court, stated that "the Power Siting Board conditioned approval of the project on Columbia complying with all relevant rules and regulations, including federal pipeline safety standards." This decision comes after Yorktown Management appealed against the board’s approval, arguing that the pipeline's proximity—42 feet—from its commercial office building was improper.
Columbia Gas initially sought a construction permit from the Power Siting Board in December 2022. Due to its specifications, the pipeline qualified for an accelerated review process under state law. Despite Yorktown's intervention and request for suspension due to safety concerns regarding easement widths, the board did not act within 90 days, leading to automatic approval.
Yorktown argued discrepancies between Columbia's application statements and actual easement acquisitions posed risks to human health. However, Justice Stewart explained that "the portion stating the need for a 50-foot-wide permanent easement was in the application section addressing ecological concerns," which applied only to certain areas along the route.
The court also addressed testimony by a Columbia engineer about another project requiring wider easements. The court noted this testimony pertained to a different type of pipeline operating under higher pressure than Ford Street’s distribution line. Thus, it found no relevance to Yorktown's case.
Finally, Yorktown criticized the board for allegedly deferring health and safety assessments to Columbia without thorough independent review. However, Justice Stewart highlighted that "the board conditioned approval on Columbia complying with all relevant rules and regulations."
The case reference is 2023-0649. In re Letter of Notification Application of Columbia Gas of Ohio, Inc., Slip Opinion No. 2024-Ohio-4747.