Quantcast

Texas Supreme Court Favors Landowner Over TransCanada in Keystone XL Eminent Domain Case

Energy

The Texas Supreme Court ruled in favor of landowner Julia Trigg Crawford, ordering TransCanada to submit information by Feb. 6 as the justices weigh arguments to hear the case regarding eminent domain abuse.

The controversial clause of eminent domain benefits oil and gas companies trying to seize private land to extract or transport fossil fuels. Photo credit: Tar Sands Blockade

Texas’s highest court delivered a clear victory for pipeline opponents and landowners fighting TransCanada’s overreach on property rights. At the heart of Crawford’s case is the ability of TransCanada, a foreign corporation, to use eminent domain under the state’s “common carrier” clause since their pipeline transports 90 percent Canadian tar sands and 10 percent North Dakota oil. There is no on ramp for Texas oil therefore violating the definition of a common carrier under Texas law.

Crawford said she looks forward to her family’s day in court, “As a landowner, property rights are key to my livelihood and family legacy. A foreign corporation pumping foreign oil simply does not qualify as a common carrier under Texas law. TransCanada does not get to write their own rules. I look forward to the Supreme Court hearing our case and our plea to protect the fundamental rights of property owners.”

The ruling on Wednesday from the Texas Supreme Court means that Crawford will be able to take the next step in the appeals process against TransCanada. The southern segment of the Keystone XL pipeline, also known as Gulf Coast Segment, stretches from Cushing, OK, to Beaumont, TX, and carries tar sands or dilbit which is a combination of tar sands and chemicals that react very differently when spills occur than traditional Texas oil.

“We’re thrilled, because the Supreme Court has finally ruled in favor of us—the little guys—and against a foreign oil giant,” Julia Trigg Crawford continued. “Basically, TransCanada said that it wanted a waiver from responding to our petition, and the Supreme Court said, ‘No, you must respond’.”

Crawford says her case has broad implications, because if she wins, TransCanada and other foreign oil companies will no longer be able to use eminent domain to seize land for their private profit without direct proof their pipeline is carrying Texan oil.

Visit EcoWatch’s KEYSTONE XL and TAR SANDS  pages for more related news on this topic.

EcoWatch Daily Newsletter

A glacier is seen in the Kenai Mountains on Sept. 6, near Primrose, Alaska. Scientists from the U.S. Geological Survey have been studying the glaciers in the area since 1966 and their studies show that the warming climate has resulted in sustained glacial mass loss as melting outpaced the accumulation of new snow and ice. Joe Raedle / Getty Images

By Mark Mancini

On Aug. 18, Iceland held a funeral for the first glacier lost to climate change. The deceased party was Okjökull, a historic body of ice that covered 14.6 square miles (38 square kilometers) in the Icelandic Highlands at the turn of the 20th century. But its glory days are long gone. In 2014, having dwindled to less than 1/15 its former size, Okjökull lost its status as an official glacier.

Read More Show Less
Members of Chicago Democratic Socialists of America table at the Logan Square Farmers Market on Aug. 18. Alex Schwartz

By Alex Schwartz

Among the many vendors at the Logan Square Farmers Market on Aug. 18 sat three young people peddling neither organic vegetables, gourmet cheese nor handmade crafts. Instead, they offered liberation from capitalism.

Read More Show Less
Sponsored
StephanieFrey / iStock / Getty Images

By Lauren Panoff, MPH, RD

Muffins are a popular, sweet treat.

Read More Show Less
Hackney primary school students went to the Town Hall on May 24 in London after school to protest about the climate emergency. Jenny Matthews / In Pictures / Getty Images

By Caroline Hickman

Eco-anxiety is likely to affect more and more people as the climate destabilizes. Already, studies have found that 45 percent of children suffer lasting depression after surviving extreme weather and natural disasters. Some of that emotional turmoil must stem from confusion — why aren't adults doing more to stop climate change?

Read More Show Less
Myrtle warbler. Gillfoto / Flickr / CC BY-SA 2.0

Bird watching in the U.S. may be a lot harder than it once was, since bird populations are dropping off in droves, according to a new study.

Read More Show Less
Sponsored
Amazon CEO Jeff Bezos announces the co-founding of The Climate Pledge at the National Press Club on Sept. 19 in Washington, DC. Paul Morigi / Getty Images for Amazon

The day before over 1,500 Amazon.com employees planned a walkout to participate in today's global climate strike, CEO Jeff Bezos unveiled a sweeping plan for the retail and media giant to be carbon neutral by 2040, 10 years ahead of the Paris agreement schedule.

Read More Show Less

By Winona LaDuke

For the past seven years, the Anishinaabe people have been facing the largest tar sands pipeline project in North America. We still are. In these dying moments of the fossil fuel industry, Water Protectors stand, prepared for yet another battle for the water, wild rice and future of all. We face Enbridge, the largest pipeline company in North America, and the third largest corporation in Canada. We face it unafraid and eyes wide open, for indeed we see the future.

Read More Show Less
The climate crisis often intensifies systems of oppression. Rieko Honma / Stone / Getty Images Plus

By Mara Dolan

We see the effects of the climate crisis all around us in hurricanes, droughts, wildfires, and rising sea levels, but our proximity to these things, and how deeply our lives are changed by them, are not the same for everyone. Frontline groups have been leading the fight for environmental and climate justice for centuries and understand the critical connections between the climate crisis and racial justice, economic justice, migrant justice, and gender justice. Our personal experiences with climate change are shaped by our experiences with race, gender, and class, as the climate crisis often intensifies these systems of oppression.

Read More Show Less