The City of San Marcos has joined the cities of Kyle and Austin and the Barton Springs Edwards Aquifer Conservation District and the Wimberley Valley Watershed Association in filing a lawsuit against federal agencies regarding Kinder Morgan’s pipeline.
On Tuesday, the San Marcos City Council held an executive session to receive legal counsel regarding the Kinder Morgan Pipeline.
According to the City of San Marcos, “The San Marcos City Council, in a unanimous vote, has authorized environmental attorney William S. Eubanks II to file a Notice of Intent to Sue letter to the United States Army Corps of Engineers (USACE)  and the United States Fish and Wildlife Service (USFWS) to request a more robust environmental review  of the proposed Kinder Morgan Permian Highway Pipeline under the Endangered Species Act.  Based on the eventual responses received as a result of the NOI, this matter may be litigated in Federal court.  For this reason, this City has no additional comment at this time.”
The notice of intent letter (NOI) states that under section 7 of the Endangered Species Act, it would be a legal violation for the company to obtain a general permit from the Army Corps of Engineers; under the Endangered Species Act, the company should seek an incidental take permit and prepare a habitat conservation plan.
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