Hays County Commissioners Vote To Join Lawsuit Against Kinder Morgan, Two Federal Agencies

Staff Reports

The Hays County Commissioners voted Tuesday to join a lawsuit against U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers and Kinder Morgan.

The lawsuit alleges a violation of the Endangered Species Act regarding the Permian Highway Pipeline, which is proposed to run through the hill country.

During the commissioners court’s executive session, commissioners discussed the litigation and consulted with legal counsel regarding the lawsuit and any other past or pending litigation.

Commissioner Walt Smith made a motion to authorize general counsel to execute an agreement and consent to a multi-party representation related to litigations with Kinder Morgan and others.

The motion allowed for counsel to release up to $75,000 from the general fund to cover legal expenses regarding the lawsuit.

The contemplated lawsuit, which the City of San Marcos, Travis County, the City of Austin, the Barton Springs Edwards Aquifer Conservation District, and interested landowners have also joined, names the U.S. Fish & Wildlife Service, the U.S. Army Corps of Engineers, and Kinder Morgan and its affiliates as violating the Endangered Species Act.

“Our natural resources – our aquifers, rivers, creeks, and wildlife – will be endangered by the pipeline’s construction, and should a leak or explosion occur the results would be devastating,” Precinct 3 Commission Lon Shell said.

The pipeline is proposed to cut through an environmentally sensitive area and the habitat of two endangered species.

Related Coverage:

• BSEACD Boards Votes To Join Lawsuit Against Kinder Morgan, Two Federal Agencies
• Hays County To Consider Joining Lawsuit Regarding Violation Of Endangered Species Act