Toronto Star

Ruling a victory for Keystone XL pipeline

- RAMIT PLUSHNICK-MASTI THE ASSOCIATED PRESS

The ruling came down in a brief, latenight email, 15 words that slammed the years-long effort of a Texas landowner to prevent TransCanad­a Corp. from occupying part of her family’s 65-year-old farm to run an oil pipeline from Alberta to Gulf Coast refineries.

As shocking as the ruling was, Julia Trigg Crawford, the third-generation manager of the Red’Arc farm in Direct, Texas, vowed Thursday to fight on, just hours after Lamar County Court-atLaw Judge Bill Harris ruled the Canadian company could be considered a “common carrier” and use eminent domain to condemn a section of her land for the Keystone XL pipeline.

“It’s kind of like there’s a bully in the playground and until someone gets their nose bloodied they will keep going,” said Ms. Crawford.

TransCanad­a welcomed the judge’s decision. “This ruling reaffirms that TransCanad­a has — and continues — to follow all state and federal laws and regulation­s as we move forward with the constructi­on of the Gulf Coast Project,” spokesman Shawn Howard said.

The ruling is the latest legal victory for TransCanad­a, whose plan to transport heavy oilsands crude through a 1,600kilomet­re pipeline across the United States to Texas Gulf Coast refineries has been mired in controvers­y.

Environmen­tal groups insist the oilsands crude is dirty and argue that the U.S. government should reject the project. The proposed pipeline requires State Department approval because it crosses internatio­nal boundaries.

The Keystone project took a political tone when Republican­s in Congress forced a two-month deadline on President Barack Obama to sign off on the internatio­nal pipeline. Mr. Obama rejected TransCanad­a’s proposed route earlier this year, suggesting it direct the pipeline around a sensitive aquifer in Nebraska’s Sandhills region. But he encouraged the company to pursue in the meantime a shorter project from Oklahoma to the Gulf Coast.

That shorter project, which would eventually tie into the Keystone XL, doesn’t require presidenti­al approval. Constructi­on on that pipeline began earlier this month.

The Crawford family battle began in 2008, when TransCanad­a asked for permission to run the pipeline through the farm. As they had done in the past when other oil companies asked to do the same, the family refused, assuming that like the others, TransCanad­a would simply reroute the line a few hundred yards to a more willing neighbour’s property.

Instead, TransCanad­a used eminent domain to condemn a piece of Crawford land.

The court’s ruling late Wednesday, however, will not stop the Crawfords, who remain determined to prevent TransCanad­a from using their land. The family hopes its fight will stop other powerful oil and gas companies from taking similar steps in the future. The Texas Railroad Commission, which approves pipeline projects, allows companies to simply check a box on a form stating they are a “common carrier,” meaning the project is for the good of the public, Ms. Crawford said. This designatio­n gives the company the right to condemn private property.

Ms. Crawford, who is considerin­g appealing to a higher court while also taking her fight to the state Legislatur­e and Washington, argues that TransCanad­a — a foreign company that will profit from transporti­ng the crude — is not a common carrier. “You lose control of a piece of land, they can tell you what you can and can’t do, they can sell your property . . . for $20,000,” Ms. Crawford said, noting TransCanad­a eventually increased an initial monetary offer of $5,000 to $21,000 for the tract that they want. “But it was never about the money,” she said, noting the family farm is littered with pottery, arrowheads and other archeologi­cal items of historic value. “It was always about the protection­s we wanted for our land, the protection­s we wanted for our water, the protection­s we wanted for our artifacts,” she said.

 ?? SAM CRAFT/THE ASSOCIATED PRESS FILE PHOTO ?? Texas landowners are vowing to fight on despite a Lamar County judge’s ruling that TransCanad­a can run a pipeline across private property.
SAM CRAFT/THE ASSOCIATED PRESS FILE PHOTO Texas landowners are vowing to fight on despite a Lamar County judge’s ruling that TransCanad­a can run a pipeline across private property.

Newspapers in English

Newspapers from Canada