Hays County files second lawsuit against Kinder Morgan and their proposed pipeline

Hays County will head back to court to try to prevent pipeline construction through the area after filing a notice of intent that they would be suing Kinder Morgan a second time.

HAYS COUNTY, Texas (KXAN) — Hays County will head back to court to try to prevent pipeline construction through the area after filing a notice of intent that they would be suing Kinder Morgan a second time.

The notice claims the pipeline company did not obtain the necessary federal permits to work near endangered species and sensitive environmental features like the Edwards Aquifer.

• READ MORE: In court, opponents to pipeline through Hays county call for more oversight

The new lawsuit is calling for a full independent environmental impact study. According to Precinct 3 Commissioner Lon Shell, asking for an environmental review is nothing more than what is required of Hays County when planning and building its infrastructure.

Hays County leaders are also appealing last month’s ruling in another lawsuit against Kinder Morgan and the Texas Railroad Commission. Unlike the newer lawsuit, the previous suit was focused on eminent domain and gaining more regulation and oversight for the project. A judge dismissed that suit in late June. The judge said she had concerns about the lack of oversight companies like Kinder Morgan have to create pipelines but that she believes it is up to the Texas legislature to change how that oversight works.

“The City of Kyle remains firm in its assertion that greater transparency is needed in the pipeline routing process,” said Kyle Mayor Travis Mitchell in a recent press release. “While we respect Judge Livingston’s ruling, the Texas Constitution clearly calls for the Railroad Commission to establish rules and policies for how eminent domain is utilized by private, for-profit corporations to forcibly seize others’ property. No such process currently exists.”