Hays County to consider joining lawsuit against pipeline

Hays County is considering joining a lawsuit against the U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers and Kinder Morgan for violation of the Endangered Species Act in connection with the Permian Highway Pipeline.

The Hays County Commissioners Court will consider joining the lawsuit as a plaintiff in executive session during its upcoming meeting on Tuesday.

“Hays County takes this matter seriously and intends to address it formally on the court’s Jan. 28 agenda,” Precinct 4 Commissioner Walt Smith said in a statement.

Kinder Morgan’s Pipeline will cross through areas within the Barton Springs/Edwards Aquifer Conservation District in Hays County.

Kinder Morgan’s pipeline would transport natural gas from Waha, Texas through Hays County to the Katy area.

According to a press release from Smith, the pipeline cuts directly through the habitat of endangered species such as the Barton Springs Salamander and the Austin Blind Salamander.

“Kinder Morgan is attempting to avoid the proper steps needed to fully mitigate the impact of pipeline construction and operation to the aquifers and endangered species in the area,” Smith’s press release stated. “These steps include obtaining a biological opinion from USFWS as well as the preparation of an incidental take permit and the creation of a habitat conservation plan, both of which are called for when any action — direct or indirect — presents a significant threat to a species or its habitat in wetlands under the USACE’s jurisdiction as well as in uplands on private lands.”

“We are pleased to see so many jurisdictions joining this cause and realizing the seriousness of the issue,” Precinct 3 Commissioner Lon Shell said.