County OKs ‘joint defense agreement’ about pipeline route

The Hays County Commissioners Court has authorized a joint defense agreement “related to the Kinder Morgan Texas Pipeline Permian Highway Project [PHP] with the intent of joining or filing suit against Kinder Morgan or other parties.”

After a discussion in executive session during its meeting Tuesday, the court authorized the county’s general counsel to execute the agreement. The court also voted to designate Precinct 4 Commissioner Walt Smith, Precinct 3 Commissioner Lon Shell and General Counsel Mark Kennedy to represent the county in discussions with “the parties of the previously approved joint defense agreement related to the Kinder Morgan Texas Pipeline Permian Highway Project.”

The county would not comment on the significance of the two motions, on whether a lawsuit is in the works or on what a lawsuit against Kinder Morgan would look like.

In February, the Hays County Commissioners Court approved a resolution condemning the pipeline project, which would route a natural gas pipeline from fields in West Texas through the Hill Country, including Hays County, to East Texas. The resolution stated that the county “opposes the PHP on behalf of the interests of the citizens of Hays County and in recognition of the potential harm the PHP poses to its natural and economic resources.”

The resolution also called for legislative or administrative actions be made to create better regulatory processes for oil and gas pipeline routing “that enable impacted landowners and local governmental entities to have a voice in the approval process,” require environmental and economic impact studies for all oil and gas pipelines, and enhance checks and balances against eminent domain authority granted to private companies. State Rep. Erin Zwiener (D-Driftwood) has proposed several pieces of legislation inspired by the Kinder Morgan project to provide tighter regulations for oil and natural gas pipelines.