A Bullitt County judge has ruled for Louisville Gas & Electric in a long-running court case to install a natural gas pipeline that would run through Bernheim Arboretum and Research Forest.
Judge Rodney Burress of Bullitt Circuit Court ruled on March 31 that LG&E is authorized to seize a portion of land that goes through Bernheim’s Cedar Grove wildlife corridor for the pipeline.
The ruling allows LG&E to dig a 4,000 foot pipeline through a remote part of the forest. Forest supporters claim it puts at risk valuable waterways, rare habitat and endangered species.
There are fears the ruling will open the door to more intrusions.
LG&E previously said the new pipeline would benefit residents of Bullitt County, as the county currently operates on a single gas pipeline.
The pipeline will go through a portion of Bernheim’s nearly 500 acre Cedar Grove Wildlife Corridor.
Distant from areas frequented by visitors, the Corridor was intended to be protected as a safe place for nature and wildlife to thrive.
Bernheim filed a complaint in 2019 against LG&E, saying they were denied due process and did not get proper regulatory certificates.
Documents state at the time, LG&E had easements for nine of the 12 proposed miles for the new Bullitt County pipeline, but Bernheim was the holdout.
Bernheim argued that the pipeline could damage the ecosystem as well as some of the habitats and endangered species within the park.
The land where the pipeline would be built is being used for research of rare and endangered species of plants and animals.
In a statement by Bernheim Forest officials on Wednesday said the construction would “destroy habitat for several endangered bat species” and a rare population of the bluff vertigo snail.
Officials said the pipeline would pump hydrocarbons across Bernheim for the next 70 years at least.
In court documents, Burress stated LG&E satisfied all requirements to exercise “eminent domain” over the property and grant access to start constructing the pipeline.
“While Bernheim alleges that there are alternate routes which could have been selected, this court does not find one iota of evidence to support any claim of bad faith or abuse of discretion by LG&E in the selection of its route,” Burress said in his judgment.
LG&E said its next steps following the judgment is to finalize property rights and permit approvals for the pipeline.
Bernheim said it would continue the fight to protect natural places and ecosystems and has not determined the next steps, but a possible appeal could come at a later time.
Source: WAVE
You must be logged in to post a comment.