MOBILE, Ala. (WALA) - A company building an oil pipeline through Mobile County received a setback from a federal judge.
In a ruling made public Tuesday, September 3 the judge sided with the City of Semmes.
A team of lawyers from Plains Southcap had gone to federal court seeking an injunction against the City of Semmes, asking the judge to stop the city from interfering with construction on the controversial oil pipeline.
The company challenged the city's ordinance as invalid, but Judge William Steele disagreed.
In his 15 page ruling, Steele writes the company: "Has not met its burden of persuasion... Specifically, Plains Southcap has not established that (the Ordinance) was either not validly adopted or unconstitutionally vague."
Semmes Attorney Jacob Fuller is pleased with the ruling.
"The ordinance at hand was what most municipalities have, the same or similar ordinance, and it's basically job site requirements that you have to conform with if you want to work in the city. And it's nothing unreasonable," Fuller said.
Fuller said the work was stopped under the city's new Land Disturbance Permits Ordinance, because the company has failed to stop sediment from the job site from flowing onto adjacent property.
He said, however, the company can fix the problem.
"The fencing wasn't proper, and the run off was bad and certain areas were shut down. Eventually, it got to the point where the whole thing was shut down in Semmes. But like I said, they have the right to remedy the situation and go back to work. It's all about complying with the Ordinance," Fuller said.
Fuller said the Southcap lawyers could ask the judge to reconsider his ruling.
FOX10 News was unable to reach the attorney for Plains Southcap Tuesday. The company had argued it is losing $120,000 every day the work site remains idle.
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