Borderland News -
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Published on: 7/27/2002
Last Visited: 7/27/2002
But lawyer Renea Hicks, who represents the Barton Springs-Edwards Aquifer Conservation District and two landowners, said the federal judge's ruling did not allay safety concerns.
Sparks, a former El Paso lawyer, simply said in his ruling that he could not second-guess government agencies, Hicks said.
"Our view is he was right in his view that the pipeline is a dangerous, decrepit line, which I think he clearly felt," Hicks said."But he was wrong in saying that he had to give this much deference to the judgements of the federal agencies.
"He has more freedom under the law than he had read into the law," Hicks said.
In his ruling, Sparks said: "Time will only tell if the mitigation measures will be sufficient to contain the dangers inherent in this decrepit pipeline, and the people and critters in its threatening shadow can only hope and pray that they will."
The judge also said if the court had more authority, he would have found "it reasonable to order Longhorn to replace" a 52-year-old portion of the pipeline that crosses areas of Austin.
That portion of the pipeline brought safety and environmental concerns from the city of Austin and other opponents.They sued Dallas-based Longhorn in 1998, Hicks and his clients expect to make a decision about an appeal by late next week.
"I would also anticipate that we would highly likely ask (justices) to stop operation of the line in the meantime," Hicks said."Letting them start and seeing what problems there are is a way to prove our case.But we don't want to have those problems."
Hicks' clients are concerned about the pipeline's impact on water quality and the safety of neighborhoods near the pipeline.
"It is not a safe pipeline.
...
It's old," Hicks said.
Longhorn officials contend the pipeline is safe and plan on starting operations in mid-August.
"Longhorn not only exceeds the requirements of current laws and regulations, but also exceeds the additional safety requirements currently pending before Congress.In fact, after their exhaustive study of Longhorn, the federal agencies said that Longhorn,s safety plan was unprecedented in the strength and scope of its safety plan," said Don Martin, a spokesman for Longhorn.
The city of Austin also is contemplating an appeal of Sparks' ruling.