The ET Rover Pipeline through Michigan, Ohio, West Virginia, and Pennsylvania suffers yet another environmental accident.

I have documented past problems with the construction of the ET Rover pipeline. Last week, yet another incident occurred. Rover spilled 146,000 gallons of industrial waste near the Tuscarawas River in Ohio. At least this spill does not involve as much industrial waste as the 2,000,000 gallons previously spilled in a wetland near the same river.

These events highlight the importance of retaining counsel in eminent domain cases. Often, utility companies either present easements that exclude contractual provisions governing their obligation to provide compensation for future damage they cause, with that language only being added in advance of eminent domain, or are willing to negotiate such language through counsel. Given the frequency of accidents during the construction phase, this type of provision is essential. I have consistently negotiated improved easement language with utility companies, particularly pipeline companies, or seen utility companies improve their easements to avoid claims that I had previously made. For example, ITC added a damage repair provision to their standard easements only after claims were made by my clients relating to the lack of such language in the first batch of vegetation management cases. Even now, ITC sometimes excludes such language from the easements that they initially seek.

Furthermore, the more publicity accompanies pipeline accidents, the more wary buyers will become when considering the purchase of encumbered properties, and the more these factors must be taken into account when assessing just compensation.