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On Tuesday, the Hays County Commissioners Court voted to file a notice of intent to sue Kinder Morgan for a second time.
The County, along with Travis Audubon Society and three other plaintiffs, will file a notice of intent against Kinder Morgan, the United States Army Corps of Engineers and the United States Fish and Wildlife Service. Additionally, the Court voted to appeal the ruling of its previous lawsuit, which was dismissed by Judge Lora Livingston last month, against Kinder Morgan, the Texas Railroad Commission and the Permian Highway Pipeline.
The notice, which comes in connection to the Permian Highway Pipeline, states that Kinder Morgan will be able to “lawfully ‘take’ federally listed endangered species during the construction, operation, and maintenance of the PHP.” As such, plaintiffs are requesting an environmental impact study be conducted on the project. This review would be conducted under the National Environmental Policy Act (NEPA) instead of the Nationwide Permitting verification process which Kinder Morgan currently intends to use.
“One distinct difference between NEPA and the Nationwide Permitting processes is the requirement to consider alternative routes,” a press release said. “Typically, a project of this scale would require a full NEPA review. By signing on to already-existing permits, Kinder Morgan is bypassing a crucial step that will speed up their timeline, increase their profits, and avoid public transparency.”
Once the County has filed the notice, it must wait 60 days to file the lawsuit, though plaintiffs hope a lawsuit will not be needed, according to the press release.
“In requesting that an environmental review process be followed and a study performed by Kinder Morgan, we are asking for nothing more than what Hays County has to do when planning and building county infrastructure,” Precinct 3 Commissioner Lon Shell said. “The County conducts extensive environmental studies when developing roadways to protect endangered species habitat and water quality.”
The Permian Highway Project will cross through Hays County, and through “some of the most sensitive environmental features in Texas, including the recharge zones of the Edwards and Edwards-Trinity Aquifers (which provide the drinking water supply for over 2 million people) and habitat for federally listed endangered species like the golden-cheeked warbler.”
Following Tuesday’s decision to appeal Livington’s ruling, Hays County will join the City of Kyle in appealing their first lawsuit against Kinder Morgan.
“The City of Kyle remains firm in its assertion that greater transparency is needed in the pipeline routing process,” stated Kyle Mayor Travis Mitchell. “While we respect Judge Livingston’s ruling, the Texas Constitution clearly calls for the Railroad Commission to establish rules and policiesfor how eminent domain is utilized by private, for-profit corporations to forcibly seize others’property. No such process currently exists.”
In response to commissioner’s decision, Kinder Morgan stated, “We feel confident that the Travis County District Court ruled in accordance with settled law, and we continue to work with all stakeholders, including state and federal regulators, as we complete PHP. We are also complying with all applicable laws related to endangered species along the pipeline route.”
