LOUISVILLE, Ky. — A Kentucky judge has ruled LG&E can seize a swathe of land in Bernheim Forest to build a natural gas pipeline following a legal battle earlier this year.
The 494 acres of land in question, named the "Cedar Grove Wildlife Corridor," consists of two properties in Bullitt County near the Cedar Grove community, according to court documents.
Environmental activists and Bernheim's attorneys said the new pipeline would negatively impact the surrounding wildlife and the forest's imperiled bat conservation project.
“The utility hasn’t taken to account what their activity on the land will do to these species that we need to work hard to preserve and allow to continue to live in our area,” Elisa Owens, director of Kentucky Interfaith Power and Light, said.
In a statement sent to WHAS11, a Bernheim Forest spokesperson said they are "morally opposed to the pipeline because of its long-term impacts to land and water."
"Natural land protection and mitigating the affects of the climate crisis is good for the environment, the economy, ourselves, and for future generations," they said. "This is not just an issue of digging a trench and dropping in a pipe, it is about providing a healthy, resilient, connected, and sustainable future for all."
Ultimately, Bullitt Circuit Court Judge Rodney Burress ruled LG&E has the right to use eminent domain to seize the land.
In the judge's opinion, Burress agrees the new pipeline would improve natural gas service to customers in Bullitt County by "increasing capacity and improving reliability."
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Attorneys for Bernheim argued the new pipeline would not serve a public use and that the gas company hasn't engaged in good faith negotiations.
Burress said "good faith negotiations" only require LG&E to attempt to secure the necessary land for a reasonable sum of money -- not that they must go back and forth negotiating a selling price.
Court documents say Bernheim rejected LG&E's initial offer.
"To require [LG&E] to pursue additional negotiations when Bernheim had rejected their efforts to settle would be an exercise in futility," the judge said.
As for whether or not the new pipeline constitutes "public use," Bernheim argued LG&E had been notified by Jim Beam about a planned expansion that would increase its natural gas usage.
Attorneys said the bourbon distillery is one of LG&E's largest natural gas users. Court documents say there was discussion about having Jim Beam help pay for the new pipeline, but those talks went nowhere.
Burress said LG&E's attorneys testified that the company determined not to take contributions from Jim Beam.
Court documents also showed LG&E denied more than 600 applications for gas service to schools, hotels, distribution centers, churches and hospitals.
"Clearly, there is a public need for additional capacity in Bullitt County," he wrote.
What about the conservation easement?
Attorneys representing Bernheim said a 2018 agreement with the state -- called a "conservation easement" -- protects the forest and its wildlife from development.
However, Burress said testimony from Andrew Berry, director of conservation at Bernheim, found there was already an East Kentucky power transmission over the property when it was purchased by Bernheim.
Berry also testified there were multiple oil and gas lines over the arboretum and visitor properties.
"Other than a broad allegation of an adverse effect, there has been no showing of why the proposed LG&E pipeline would endanger wildlife any more than the existing easements," Burress said in his opinion.
The deadline for a notice of appeal to the Kentucky Court of Appeals is May 1.
An LG&E spokesperson said the company is still in the process of finalizing property rights and permit approvals.
In an emailed statement, LG&E said:
"We are pleased with the outcome of the proceeding and look forward to continuing this much-needed project, which was approved by the KPSC in 2017. This project will enhance reliability for current customers in the area and expand capacity to support the energy needs of this quickly growing region."
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