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Monday, January 20, 2014

Nichols Law Firm Attorney Represents Enbridge Protester And Takes On Both the Government and Petroleum Industry

By Michael Nichols
Categories: Josh Covert

Attorney Joshua M. Covert of the Nichols Law Firm recently appeared before the 30^th Circuit Court to argue a motion requesting the court to dismiss felony charges that four environmental protesters are facing.  The four defendants have been charged with resisting and obstructing police officers ( MCL 750.81d) by refusing to remove themselves from construction equipment that was being used to replace a section of the Enbridge pipeline that carries tar sands from Canada into and though the State of Michigan.  Tar sands are essentially oil mixed with clay, sand and water that is mined and later refined into oil.  The Enbridge pipeline has been a concern for many residents of Michigan since 2010 when the pipeline malfunctioned and led to the largest inland oil spill in the history of the continental United States.  

Although the motion was denied Mr. Covert and other attorneys involved in the case are discussing and planning an interlocutory appeal to the Michigan Court of Appeals.  “I am disappointed that the motion to dismiss was not granted yet I remain hopeful the Court of Appeals will grant a stay of proceedings and keep the four defendants from going to trial on charges that are not substantiated by the record ” says Attorney Covert.  If the interlocutory appeal is not granted Mr. Covert will be ready to present a defense for his client at the trial currently scheduled for January 27^th.

 http://www.mlive.com/news/jackson/index.ssf/2014/01/judge_denies_motion_to_dismiss.html