The lawyers representing Kinder Morgan filed a motion on Tuesday asking a state district judge in Travis County to throw out the lawsuit against the pipeline operator’s Permian Highway Pipeline route. They assert that the Texas Constitution and state law uphold the company's rights.
Opponents filed a lawsuit stating that the pipeline route unfairly runs through residential areas of Kyle, about 20 miles south of Austin, near the Lyndon B. Johnson National Historical Park in Stonewall and less than a mile away from Jacob's Well, a popular summertime swimming hole near Wimberley.
"The lawsuit is a prime example of why eminent domain exists – to allow important infrastructure projects that provide significant public benefits," Kinder Morgan said in a statement.
The 423-mile pipeline project will move 2 billion cubic feet of natural gas per day from the Permian Basin of West Texas to the Gulf Coast. Kinder Morgan maintains that the project will unlock production bottlenecks in the Permian Basin. But members of Texas Real Estate Advocacy and Defense Coalition, or TREAD contend that no alternative routes were presented to the public or considered.