Austin, TX -- Late Friday evening, the Sierra Club filed a motion for preliminary injunction in its lawsuit against the Permian Highway Pipeline. In late April, the Sierra Club filed a lawsuit arguing that the Army Corps failed to comply with the National Environmental Policy Act (NEPA) when it approved the project without first conducting the required analysis of environmental impacts, providing for public participation, or considering alternative routes. The motion filed today urges the U.S. District Court for the Western District of Texas to stop construction of the pipeline across 129 waterways along the pipeline route unless and until the Corps complies with NEPA.
If completed, the pipeline would carry 2 billion cubic feet of fracked gas every day from the Permian Basin through the Texas Hill Country, to an end point in Colorado County, making 449 water crossings along the way. The pipeline’s route -- which has never been subject to public notice or environmental review -- crosses hundreds of the most environmentally sensitive streams and habitat in central Texas, including the Edwards and Trinity Aquifers, which provide drinking water for over two million Texans and habitat for many imperiled species. Despite not having performed the requisite NEPA analysis, the Corps allowed Permian Highway Pipeline LLC to begin construction on the pipeline. The company has had multiple spills and violations, including an incident that spilled drilling fluid into local water wells and multiple complaints about erosion and wastewater runoff. In response to these issues, Hays County has revoked permits for the pipeline, and the pipeline is under investigation by the Texas Railroad Commission.
Sierra Club attorney Rebecca McCreary released the following statement:
“The Army Corps is allowing construction of the Permian Highway fracked gas pipeline despite not having considered the environmental impacts and alternatives that NEPA requires. This illegal construction activity is putting Texas waterways and communities at risk, and the court should put a stop to it immediately.”