Myersville decides not to seek judicial review of federal agency’s decision

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Source: Frederick News Post
Author: Ike Wilson
Article Type:
Date Published: 07/16/2013

Town officials will not ask a court to review the Federal Energy Regulatory Commission’s denial of a request to reconsider granting conditional approval of a plan to build a gas compressor station in Myersville. After a closed meeting July 9, the Myersville Town Council issued this statement: “After careful consideration of all available information, the mayor and council determined not to seek judicial review of the unanimous decision by the Federal Energy Regulatory Commission on May 16, 2013, which denied all parties’ requests for reconsideration of the Dec. 20, 2012 FERC order granting conditional approval of DTI’s Allegheny Storage Project.” But the town will continue to defend itself against the lawsuit brought by DTI in U.S. District Court in Baltimore, according to the statement. DTI’s lawsuit against the town seeks judicial determination that Myersville doesn’t have standing to enforce its zoning laws because it is their belief local laws are pre-empted by federal regulations, Town Manager Kristin Aleshire said. “The mayor and council are fully aware of the interests and divergent positions of our citizens and greater community in this very important issue,” the statement continued. “We look forward to the opportunity to provide additional information to the community regarding this decision upon the conclusion of the pending litigation.”