On March 11, FERC granted the Ceritifcate of Public Convenience and Necessity for Kinder Morgan's Connecticut Expansion pipeline project. The bill proposed last fall to bring disposition of Article 97 protected land (H.3690
) to a vote in the legislature never advanced out of committee. Even Rep. Garrett Bradley, the legislator who proposed the bill failed to show up at the November 10 hearing to support it.
Not able to obtain official permission to build on Article 97 land from the Massachusetts legislature, Kinder Morgan this week filed and injunction to commence eminent domain condemnation of the needed right of way through Otis State Forest in Sandisfield. Another request in the suit is to exempt Kinder Morgan from the March 31 tree cutting deadline required by the Federal Endangered Species Act to protect migratory bats, and extend their cutting deadline to May 1.
The complaint was filed with the Berkshire Superior Court.» Read the Condemnation Motion and Complaint filed with BSC
There will be a public hearing on the filing. We encourage everyone concerned with the taking of public land held in permanent protection by Article 97 to attend. Aside from wanting to halt the CT Expansion and protect Otis State Forest, this could be a case that sets a precedent for all other pipeline projects to follow.Public Hearing on KM Condemnation Request
Berkshire Superior Court
76 East Street
*Please attend and bring friends!
This is an unprecedented challenge to our State Constitution