Hays County To Consider Joining Lawsuit Regarding Violation Of Endangered Species Act

Staff Reports

On Tuesday, the Hays County Commissioners will consider joining a lawsuit against U.S. Fish and Wildlife, U.S. Army Corp of Engineers and Kinder Morgan for violation of the Endangered Species Act.

During tomorrow’s regular court meeting, commissioners will receive a consultation with counsel regarding pending and/or contemplated litigation; possible action may follow in open court.

“Hays County takes this matter seriously and intends to address it formally on the Court’s January 28th agenda,” says Commissioner Walt Smith.

In late 2018, Kinder Morgan announced plans to build a 42-inch, high-pressure natural gas pipeline from West Texas to the Houston area; the proposed pipeline’s route runs through ecologically sensitive features in the Hill Country.

According to Commissioner Walt Smith, the proposed route does not require approval from any state agency though it crosses the Edwards and Trinity Aquifers, which supply drinking water for over two million people.

The pipeline will also cut directly through the habitat of endangered species such as the Barton Springs Salamander and the Austin Blind Salamander, among others.

All ESA-listed species are granted certain protections from such development under the ESA.

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.

In order to receive permits, the company is required to follow a series of steps, which 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.

Recently, the Barton Springs-Edwards Aquifer Conservation District’s board of directors voted to join the lawsuit.

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

Related Coverage:

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