By David Keller for the Big Bend Conservation Alliance
Despite more than 1,200 public comments submitted to the Federal Energy Regulatory Commission (FERC) against the Trans-Pecos Pipeline, on May 5 the agency issued its permit authorizing construction of the border-crossing facility—the 1,093-foot segment of the pipeline that will tunnel beneath the Rio Grande—the only part of the pipeline requiring a federal permit.
The remaining 143 miles of the pipeline’s route, which will cross through the pristine Big Bend region, fall under state jurisdiction, which gives pipeline companies the power of eminent domain and the right to construct and operate pipelines without any environmental or cultural resource study.
Although the news was a disappointment to the Big Bend Conservation Alliance (BBCA), which has led the fight against the pipeline, it was not unexpected. Because the FERC, like the Texas Railroad Commission, is a regulatory agency only by name (not by function), the “rubber stamp” approval was simply business as usual. The FERC permit was the last regulatory hurdle, giving the pipeline company the green light to proceed.
Despite this outcome, the BBCA vows to continue this fight and to hold the company accountable for damages to this spectacular region. Toward that end, the BBCA along with the Sierra Club’s Lone Star Chapter, submitted formal requests for rehearing to the FERC—essentially asking for a reconsideration of the case. Although the chance of prevailing is remote, the request completes the process of intervention—one of very few ways citizens can participate in the regulatory process of natural gas pipelines.
Due to state and federal laws favoring the oil and gas industry that leave citizens with no legal recourse, the group has launched a campaign to urge Kelcy Warren of Energy Transfer Partners—which is building the pipeline—to reroute the line away from the Big Bend region along existing, largely uncontested easements. On June 11 and 19, the Dallas Morning News ran an open letter from the BBCA to Warren urging a reroute of the pipeline. Several hundred people have signed the letter, including celebrities such as Tommy Lee Jones, Wes Anderson, Dan Rather, and Owen Wilson. Individuals may still add their signature to the letter here: http://www.bigbendconservationalliance.org/openletter/
The BBCA also continues to work with landowners in a variety of capacities, including documenting the pipeline route using both ground based and aerial (drone) photography. The group is also offering assistance to landowners and their attorneys in condemnation hearings that have already begun. So far, seven hearings (out of a total of 39 condemnation suits along the pipeline) have been completed—the vast majority of which were found in favor of landowners.
In addition to partnering with Patagonia in Austin to help spread the word about the pipeline campaign, the group is working with filmmaker Nicol Ragland who is creating a full length documentary about the pipeline fight as well as photographer Jessica Lutz who has produced a presentation called “Dear FERC” that showcases comments to the agency beside portraits of their authors.
Even as the BBCA continues to fight the pipeline, it is also developing a series of programs that encompass a wider range of critical issues facing the region, including water conservation, landowner advocacy, cultural resource protection, and dark sky initiatives. Moving forward, the BBCA will remain committed to fighting the Trans-Pecos Pipeline even as it broadens its mission beyond the scope of this singular issue.