The City of Kyle voted to participate in a lawsuit against the U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers and Kinder Morgan for violation of the Endangered Species Act in connection with the Permian Highway Pipeline.
Kyle joins the cities of Austin and San Marcos, Travis and Hays counties, the Barton Springs Edwards Aquifer Conservation District and landowners in the new lawsuit. Kinder Morgan plans to route the Permian Highway Pipeline through areas within and surrounding Kyle.
“The City of Kyle was first to take this fight to Kinder Morgan and we should help finish what we started,” Kyle District 4 Councilmember Alex Villalobos said in a statement. “The risks presented by this pipeline extend far beyond the Kyle city limits and we are very sensitive to that. However, this pipeline directly affects our community and our future and we will continue this fight.”
The City of Kyle previously settled with the Permian Highway Pipeline, LLC and Kinder Morgan Texas Pipeline, LLC. in October 2019 after the city passed an ordinance that placed stricter regulations on the pipeline’s construction through the city’s limits. Kinder Morgan, however, sued Kyle asserting that federal and state laws prohibit cities from regulating pipelines. The city amended the ordinance to address the claims that the ordinance was inconsistent with state and federal law on Sept. 11.
The Kyle City Council approved the $2.7 million settlement during a special meeting on Oct. 4 The settlement allows Kinder Morgan to build the Permian Highway Pipeline through the City of Kyle and provides protections to the city regarding how the pipeline impacts existing infrastructure and future developments.
