Save the Hill Country
Kinder Morgan’s Permian Highway Pipeline project is currently planned to cross through the Texas Hill Country and will directly impact hundreds of properties in Central Texas. This pipeline will be transporting 2.1 billion cubic feet of fracked gas on a daily basis! Along the route, the pipeline will cross rivers, creeks, karst aquifer recharge zones, the habitats of endangered species, and will come into very close proximity to some of our beloved springs, including Jacob’s Well.
The WVWA and TESPA are partnering to pursue legal action against PHP and Kinder Morgan and to work together more generally for protection of groundwater throughout the karst geological region of Texas. Well‐known trial attorney Jeff Mundy will head up the legal team for TESPA and WVWA with legal assistance from Houston attorney Jim Blackburn, TESPA board president.
Attorneys issued a notice of intent to sue the Permian Highway Pipeline LLC (PHP) and its managing partner, Kinder Morgan, for contamination of an underground source of drinking water as a result of PHP construction operations in Blanco County on March 28, 2020.
The Notice Letter identifies four federal environmental laws that may have been violated by the contamination of an aquifer that is the sole source of drinking water for rural residents. Among the allegations are:
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- Violating the Safe Drinking Water Act by injecting fluids into an underground source of drinking water
- Creating an imminent and substantial endangerment to the public under the Resource Conservation and Recovery Act
- Discharging pollutants in violation of the nationwide permit #12 issued by the U.S. Army Corps of Engineers
- Discharging pollutants into waters of the United States without a permit.
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All of these acts have citizen suit provisions but require advance notice of intent to sue in order to establish jurisdiction in the federal court system.
According to David Baker, executive director of WVWA, “When Kinder Morgan announced the Permian Basin Highway back in 2018, I said it was the worst thing to ever happen to the Texas Hill Country and that even the construction would cause harm to our fragile karst aquifers. The March 28th event and the threat to sole-source drinking water is beyond what I feared most. The residents and landowners in the path of this pipeline are not going to stand down; we will continue to fight tirelessly for our precious water supply. This legal action is essential for the very essence of what we hold dear.”
TESPA executive director, Patrick Cox, PhD, added, “All of us who depend on groundwater for our drinking water supply have been alarmed by the pipeline for almost two years now, but for this contamination incident to happen in the midst of the COVID-19 pandemic and affect the only water we have to drink and bathe in — it is unconscionable. If there ever was a good time and reason to take legal action against a toxic polluter, it is now. And we have just the team to do it.”
Jim Blackburn sums up the legal case, “Kinder Morgan was granted permission to construct this pipeline, and they have violated the trust of the agencies and of the people. What we have witnessed is a worst-‐case scenario for the people of Blanco and all Hill Country landowners and well owners in the path of Kinder Morgan’s Permian Highway Pipeline. It is unsafe and unwise to continue this project through our karst region, given this huge failure, and we will work to secure such a resolution either through discussions or through litigation.”
Donations to the Texas Hill Country Legal Defense Fund can be made online by clicking the “Donate” button or by check to Wimberley Valley Watershed Association, PO Box 2534, Wimberley, Tx 78676 (Please mark Tx Hill Country Defense Fund on the memo line).
Media Coverage
A must listen! Patrick Cox for TESPA and David Baker for WVWA on KOOP 91.7FM
Civil Rights & Wrongs with Kinder Morgan and PHP in the crosshairs (6 minutes, 5/26/2020)
December 2020
October 2020
August 2020
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- City of Kyle issues notice of noncompliance to Kinder Morgan over noise violations, (KXAN, 8/13/2020)
- Kinder Morgan rerouting Permian Highway Pipeline around Blanco River, (KXAN, 813/2020)
- Two musicians’ message fails to halt Hill Country pipeline (San Antonio Express News, 8/13/2020)
- After Willie Nelson and Paul Simon complained, CEO agrees to reroute Hill Country pipeline, (Austin American Statesman, 8/13/2020)
- Willie Nelson and Paul Simon: Save Texas Hill Country and stop the Permian Highway Pipeline (San Antonio Express News op ed, 8/11/2020)
July 2020
June 2020
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- Kinder Morgan sued for allegedly violating federal Safe Drinking Water Act, (KVUE, 6/29/2020)
- A pipeline poisons the wells in Hill Country, (Houston Chronicle, 6/27/2020)
- TESPA Files New Pipeline Lawsuit, (Wimberley View, 6/24/2020)
- Pipeline in Hill Country targeted in court, (San Antonio Express, 6/24/2020)
- Kinder Morgan pipeline accused of violating Safe Drinking Water act, (Hays Free Press, 6/24/2020)
- Group claims Kinder Morgan violated ‘Safe Drinking Water Act’ in lawsuit, (KXAN, 6/23/2020)
- Environmentalists ask judge to halt construction on Kinder Morgan’s $2 billion Hill Country pipeline, (Houston Chronicle, 6/23/2020)
- Blanco County residents sue company over drilling spill, (Austin American Statesman, 6/22/2020)
- TESPA files new lawsuit against Permian Highway Pipeline, Kinder Morgan, (San Marcos Daily Record, 6/22/2020)
- Armed With Eminent Domain, Pipeline Projects Continue to Burden Landowners During the Pandemic, (Nexus News, 6/1/2020)
May 2020
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- Camera with radioactive material found after it went missing in flood waters, (KXAN, 5/30/2020)
- Two safe following water rescue, Fredericksburg Standard, 5/29/2020)
- Texas Railroad Commission investigating Kinder Morgan for ‘multiple’ erosion complaints (KXAN, 5/27/2020)
- Kinder Morgan Pipeline ruptures SAWS water project, (Hays Free Press, 5/27/2020)
- Kinder Morgan Crew Punctures Vista Ridge Water Pipeline, (Rivard Report, 5/22/2020)
- Sierra Club Files Lawsuit To Stop Fracked Gas Pipeline Construction (Planet Watch, 5/22/2020)
- Federal court ruling could delay pipeline projects, (Austin American Statesman, 5/19/2020)
April 2020
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- Hays County puts brakes on gas pipeline project, (Austin American Statesman, 4/23/2020)
- Accident Along Permian Highway Pipeline Construction Site Contaminates Hill Country Wells, (Spectrum News 4/20/2020)
- Blanco landowner concerned about stormwater runoff from Kinder Morgan pipeline construction, (KXAN, 5/16/2020)
- Drilling fluid spill sparks pipeline lawsuit, (Wimberley View, 4/16/2020)
- TESPA issues notice of intent to sue Permian Highway Pipeline, Kinder Morgan, (San Marcos Record, 4/12/2020)
- Construction mishap worries landowners, (Fredericksburg Standard, 4/8/2020)
- Permian Highway Pipeline LLC, Kinder Morgan to be sued for alleged contamination of drinking water, (KVUE, 4/8/2020)
- Records: Pipeline company spilled 36,000 gallons of drilling fluid in Hill Country, (Austin American Statesman, 4/8/2020)
- Water, pipeline companies at odds over future wells, (Hays Free Press, 4/8/2020)
- Muddy Water: Pipeline construction mishap causes water to turn brown at three area properties, (Blanco County News, 4/8/2020)
- Well water tests underway after pipeline crew hits Karst feature, (Hays Free Press, 4/3/2020)
- Accident prompts Kinder Morgan to suspend Hill Country pipeline construction (Houston Chronicle, 4/3/2020)
- SEE IT: Muddy water ends up inside homes, officials believe it’s tied to Permian Highway Pipeline construction (KXAN, 4/1/2020)
- Permian Highway Pipeline drilling fluid contaminates Blanco County neighborhood’s drinking water, resident believes (KVUE, 4/1/2020)
- Pipeline opponents focus on ESA: Agencies put on notice to comply with law or be sued (Hays Free Press, 11/13/2019)
Videos
Press Releases
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- Update on Lawsuit Against Kinder Morgan, (TESPA and WVWA press release, 8/13/2020)
- Kinder Morgan Sued for Violations of Federal Safe Drinking Water Act, (TESPA and WVWA press release, 6/22/2020)
- Sierra Club Urges Court to Halt Construction on Parts of Permian Highway Fracked Gas Pipeline, (Sierra Club, 6/22/2020)
- UPDATE: Radiographic Camera Located Intact in Gillespie County, (Texas Department of State Health Services, 5/31/2020)
- DSHS Pedernales River Radiation Incident Map (Texas Department of State Health Services, 5/30/2020)
- DSHS notifies public of missing radiographic camera in Gillespie County, (Texas Department of State Health Services, 5/30/2020)
- Texas, West Virginia Lead 18-State Coalition To Fight Order Delaying Oil, Gas Pipeline Projects Nationwide (San Marcos Corridor News, 5/19/2020)
- Montana Federal Judge’s Ruling in Keystone XL Impacts Permian Highway Pipeline (TESPA and WVWA Press Release, 5/12/2020)
- Commissioners Court Votes to Rescind Road Permits for Permian Highway Pipeline (Hays Co. Press Release, 4/22/2020)
- Montana Court Revokes Nationwide Permit 12 Under Endangered Species Act Permian Highway Pipeline Permit Now In Question (TESPA and WVWA Press Release, 4/17/2020)
- Water Samples from Homes Near Construction Blunder Were Found to Contain Trace Metal Levels that Exceed EPA Drinking Water Standards (TESPA and WVWA Press Release, 4/15/2020)
- TESPA Issues Notice of Intent To Sue Permian Highway Pipeline For Contamination of an Underground Source of Drinking Water (TESPA and WVWA Press Release, 4/8/2020)
Useful Links
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- Well Owner Resources — how-to guidance on water quality sampling, interpreting water quality results, and finding well records
- TESPA Permian Highway Pipeline page
- Barton Springs Edwards Aquifer Conservation District Permian Pipeline page
- WVWA Permian Highway Pipeline Archive page
Map Gallery
Interactive map showing PHP route and karst features
Reports and Reference Documents
- Karst Sensitivity Map for Hays County (Zara Environmental, Aug. 2008)