The coalition to reroute Nexus is spending time and effort to research whether there is a guarantee of a right to a jury trial and if the Natural Gas Act violates the Tenth Amendment. On the jury trial issue, courts have consistently held that there is no guarantee to a jury trial in an eminent domain action. As for the Tenth Amendment being violated by the Natural Gas Act, one only needs to remind themself that the Interstate Commerce Clause applies to the Natural Gas Act and over 200 years a precedent would provide a priority for the interstate commerce over the Tenth Amendment Reserve, Powers to the states.
The Nexus opponents would be better suited to work through the Federal Energy Regulatory Commission in obtaining the reroute! Believe it or not, FERC does, in certain circumstances, listen to public comment.
The Coalition to Reroute NEXUS continues its efforts to develop legal strategies to fight NEXUS. It’s researching whether the Fifth Amendment protects private agency land takings designed to benefit foreign companies and whether the Natural Gas Act violates the 10th Amendment by denying the right to a jury trial in eminent domain cases.
The group is also seeking donations because members said they have hit a stalling point in the work they are able to do as individual citizens. The group is now beginning to hire industry and legal experts to maintain momentum in their fight to reroute the pipeline.”