Bench Date Set For Clean Water Act Violation Case Against Kinder Morgan

Staff Reports

The lawsuit against Kinder Morgan regarding the Permian Highway Pipeline for violation of the Clean Water Act has been given a bench date.

According to the Trinity Edward Springs Protection Association, the federal court has set a bench trial for June 6, 2022.

Like much of the country, the federal trial courts have been essentially shut down due to the COVID-19 pandemic, which has caused lengthy delays on active cases.

Jeff Munday, TESPA’s attorney, coordinated the organization’s required filings and statements, which were due Oct. 15.

Kinder Morgan CEO Steven Kean announced in an editorial published in the Houston Chronicle in August that the company would reroute the pipeline around the Blanco River.

Kean said the decision to reroute around the Blanco was the best option and followed the careful evaluation of several alternative construction methods for crossing the body of water.

The Texas Railroad Commission declared that KM negatively impacted the three property owners in TESPA’s case and are responsible for costs incurred for the loss of their groundwater wells.

According to TESPA, KM has agreed to only conduct dry boring under roads and creeks on the Blanco and Hays County pipeline route.

“We continue to inform KM that they should adopt stricter environmental, erosion and stormwater runoff controls that also involve violations of the Clean Water Act,” TESPA said.

The Permian Highway Pipeline is slated to transport only dry gas from West Texas to the Gulf Coast once completed.

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