Kinder Morgan Moves Forward On Permian Pipeline Project In Hays County

By Terra Rivers | Managing Editor

Kinder Morgan has begun clearing in Hays County for their Permian Highway Pipeline project in Wimberley after a federal judge denied a Temporary Restraining Order on Friday.

U.S. District Judge Robert Pitman ruled the plaintiffs had failed to show there was sufficient “irreparable harm” had been shown to endangered species in the area.

“We do not agree with the Court’s irreparable harm analysis,” the TREAD Coalition said, “And its failure to consider such other significant harms as loss of heritage oaks and spread of oak wilt.”

The injunction was the first stage of a lawsuit filed by Hays County, the TREAD Coalition and several other municipalities and property owners.

The United States Fish and Wildlife Service granted Kinder Morgan “nationwide permit and biological opinion” last week for the pipeline to proceed.

According to the USFWS’s permits, the Austin Blind Salamander and Barton Springs Salamander is not likely to be “adversely affected” by the project; however, the Golden-Cheeked Warbler, Houston Toad and Tobusch Fishhook Cactus is.

The permits will require conservation measures to be taken during construction; Kinder Morgan will not be allowed to perform certain types of clearing at certain times of year to the full extent feasible.

“We are pleased with the decision and look forward to continuing construction on this vital infrastructure project,” a statement from Kinder Morgan said. “Throughout its development, we have actively worked with all of our stakeholders to ensure we have the best possible route. These outreach efforts have resulted in nearly 200 route changes to accommodate landowners and address what we have learned in land surveys.”

Kinder Morgan said they reached agreements for all of the rights-of-way for the project and “are in full compliance with the Endangered Species act.”

The Temporary Restraining Order may have been denied, but the judge did not rule on the merits of the lawsuit.

Hays County, the TREAD Coalition and other parties will move forward with the lawsuit despite the injunction’s denial.

“We have to sit down with our attorneys and figure out what the next steps may entail,” Commissioner Walt Smith said. “But I still believe in the cause.”

“It is important to understand that the TREAD Coalition and its supporters see a multitude of problems, both legal and scientific, with the route that Kinder Morgan has chosen through the Hilly Country,” TREAD said. “The Endangered Species Act is only one small part of the problem.”