County files suit against pipeline

Hays County has filed a lawsuit against Kinder Morgan to halt the construction of the Permian Highway Pipeline on its current route, which runs through Hays County.

The county commissioners voted to engage with the law firms of Richards Rodriguez & Skieth, LLP, and the Law Office of Max Renea Hicks to bring suit against the pipeline company. 

Hays County also consented to the representation of multiple parties by the retained firms, as it is expected that other parties will join in the suit. The city of Kyle has already joined.

Precinct 4 Commissioner Walt Smith, who has done work on the pipeline issue at the State Capitol and locally, noted that the proposal to file suit was not one made lightly, but the county wants to ensure its residents that “we did our due diligence before any decisions were made.”

Precinct 3 Commissioner Lon Shell, who has also been working on the Kinder Morgan issue, stated, “I don’t like having to file suit against anyone. I think that right now we’ve got good people in this state and in this industry that are trying to do the best they can.”

Shell acknowledged the economic benefits and jobs that the energy industry creates for Texas. However, “This isn’t a shot at the oil and gas industry. … This is about property rights, specifically for our citizens, but citizens across the state of Texas. And I believe Texas can do better than we’re doing right now in regards to this type of project.”

 Shell, who made the motions for the action, noted that the lawsuit will not be funded by tax dollars.

As per its policy, Hays County does not share information about pending lawsuits. Additional details will be available as the law firms handling the lawsuit and Hays County deem appropriate.

The Commissioners Court, along with the city councils of San Marcos and Kyle, have passed resolutions in opposition to the pipeline’s proposed route.