BSEACD Boards Votes To Join Lawsuit Against Kinder Morgan, Two Federal Agencies

On Thursday, January 16, the Barton Springs-Edwards Aquifer Conservation District’s Board of Directors voted to join a lawsuit against U.S. Fish and Wildlife Service, U.S. Army Corp of Engineers and Kinder Morgan for violation of the Endangered Species Act.

BSEACD stated that because there is not a reasonable assurance that the aquifers will be protected during the construction and operation of the pipeline, the Permian Highway Pipeline should not be located within the District or any other hydrologically-sensitive area.

“Ensuring the endangered aquatic species of the aquifer continue to thrive ensures the water resource will remain viable for the people that depend on it,” said Board Vice President Craig Smith.

Kinder Morgan’s (KMI) plans to build a 42-inch, high-pressured natural gas pipeline from West Texas to the Houston area.

The pipeline’s proposed route will cross through environmentally sensitive areas in Central Texas and the Hill Country including the habitat of endangered species such as the Barton Springs Salamander and the Austin Blind Salamander, among others.

According to the company, the Permian Highway Pipeline (PHP) Project will provide an outlet for increased natural gas production from the Permian Basin in West Texas to growing market areas along the Texas Gulf Coast.

The project has an estimated cost of approximately $2 billion and is expected to be in service in early 2021, pending regulatory approvals.

A number of federal and state agencies will be involved with the approval and oversight of the PHP Project, including, but not limited to, the Railroad Commission of Texas, U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, Texas Historical Commission, Texas Commission on Environmental Quality, Texas General Land Office and Native American tribes as applicable.

Kinder Morgan will be required to work with federal agencies to protect the habitats and environmentally sensitive-land in order to receive permits. 

In order to receive the permits, the company will need to go through a multi-step process, which will 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.

According to the U.S. Energy Information Administration, natural gas is a fossil energy source that formed deep beneath the earth’s surface. Natural gas contains many different compounds.

The largest component of natural gas is methane, a compound with one carbon atom and four hydrogen atoms (CH4).

The EIA says natural gas transported on the mainline natural gas transportation system in the United States must meet specific quality measures so that the pipeline network (or grid) can provide uniform quality natural gas. 

Because of its low density, storing or transporting natural gas by vehicle is not easy and is done only at short distances while the gas is compressed or liquified; pipelines provide long-distance transportation infrastructure.  

“The BSEACD is committed to protection of the aquifer, the endangered species that dwell within, and the water resource that provides drinking water for tens of thousands of people within our District.