Last Fall, Central Texans learned that Kinder Morgan’s (#KMI) plans to build a 42-inch, high-pressured natural gas pipeline from West Texas to the Houston area would include transporting the toxic and flammable substance through some of the most ecologically sensitive features in Central Texas and the Hill Country.
The Wimberley Valley Watershed Association has been making a stand against Kinder Morgan and the Permian Highway Pipeline since we first heard about it last September. We've been met with overwhelming support from our community and are so thankful to every one of you who has supported us thus far. However, Kinder Morgan expects to start construction THIS FALL and we need all the help we can get to ensure that we can make a powerful stand for our WATER.
On October 16th, the cities of Kyle, Austin, and San Marcos have joined with the Barton Springs Edwards Aquifer Conservation District and the Wimberley Valley Watershed Association to issue a notice of intent (NOI) to the United States Fish and Wildlife Service (USFWS) and U.S. Army Corps of Engineers (USACE) — a formal letter required prior to filing suit to enforce violations of the law.
The proposed route does not require approval from any state agency even though it crosses the Edwards and Edwards-Trinity Aquifers, which supply drinking water for over two million people.
Evidence suggests that Kinder Morgan is attempting to avoid the robust steps needed to fully mitigate the impact of pipeline construction and operation to the aquifers and myriad endangered species in the area. These steps 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. A project of this size applying for an individual permit would also require review under the National Environmental Policy Act (NEPA), which would allow the impacted community to participate in a transparent process that considers all the harms and compares alternatives in an environmental impact study.
“It is beyond legitimate scientific dispute that Kinder Morgan’s construction and operation of its large pipeline through these sensitive areas will pose a serious threat to these aquifers and the endangered and threatened species that live there,” said lead attorney William Eubanks. “As a result, there are several legal obligations that the USACE, USFWS, and Kinder Morgan must satisfy to ensure compliance with the ESA, Clean Water Act, and National Environmental Policy Act.”
“This new NOI asserts that the aquifers – which are a primary source of drinking water to the region – and which provide essential habitat for the endangered species that reside therein, are under direct and indirect threat by the pipeline,” said Eubanks. “Based on information and belief, Kinder Morgan has no intention of making public its plans to mitigate the damage caused by this pipeline.
With this funding, WVWA will continue to work with regional scientists to create environmental reports which will be submitted to US Fish & Wildlife Services, the US Army Corps of Engineers, local governments, and lawyers for review. WVWA will also continue our public outreach campaign via Move the Pipeline - Save the Water, which has been sending daily emails since May. Finally, WVWA will be providing technical expertise and assistance in the upcoming lawsuits against Kinder Morgan. Fighting a multi-billion dollar industry is expensive, but we know that this is a fight for our lives, our water, and our future.
Together with the Environmental Fund of Texas and a generous donor, we will be able to MATCH every dollar, 1-1, up to $50,000. Help us reach our goal and protect the Hill Country!
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More about Environmental Fund of Texas:
George P. Avery, better known as Buzz, is the founder of the Environmental Fund of Texas. Buzz traveled throughout Texas, the United States, Central and South America, and Europe experiencing how other cultures in the world managed their environment, for better or worse. It is through this broad base of experiences that he decided to create a permanent fund to support efforts to preserve and protect the natural environment of Texas for future generations.
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