By Andrew Berry
Bernheim celebrates 6 years of protecting the Cedar Grove Wildlife Corridor, preserving land, water, and biodiversity
Still fighting against LG&E’s gas pipeline
Bernheim recently celebrated the 6th anniversary of protecting the Cedar Grove Wildlife Corridor and continues the fight against a proposed LG&E gas pipeline. In October 2018, Bernheim wrapped up a decades long effort to fund the protection of land now known as the Cedar Grove Wildlife Corridor. Little did we know the fight to protect this land was just getting started.
In January 2019, LG&E began a process to sue Bernheim and numerous other landowners for condemnation to build the 12-mile gas pipeline across a section of Bullitt County renowned for its endangered species and rare habitats. The pipeline would disrupt Bernheim’s Cedar Grove Wildlife Corridor, which is subject to state-held conservation easements and federal deed restrictions intended to ensure protection of forests, wildlife, and water resources. Throughout the 6 years of legal and community organized defense, Bernheim and our thousands of supporters remain committed to protecting this wildlife corridor from LG&E and the pipeline.
Protecting landowner property rights, preserving natural land, providing clean water, defending the legal protections of conservation easements and conservation deed restrictions, and ensuring opportunities in nature for future generations are the main reasons we are fighting this pipeline. Now is a critical time for us all to elevate our voices and help move towards sustainable, healthy, and resilient communities that allow for nature and humans to coexist. This LG&E pipeline is being proposed at the wrong place, at the wrong time. The pipeline would pump hydrocarbons for at least the next 70 years and beyond, disregarding climate initiatives and a shift towards sustainable energy sources that support resilient future growth.
Several lawsuits and permitting issues are ongoing in the fight against LG&E’s proposed gas pipeline. Bernheim filed a motion for discretionary review in a Court of Appeals case related to the right to condemn an easement across the 494-acre conservation property that functions as a wildlife corridor. Bernheim respectfully disagrees with the Court of Appeals decision granting LG&E the right to take conservation lands protected with state funding. The idea that the legislature could by law make an easement, acquired by the state in return for public money granted to purchase land for conservation, simply disappear when a utility wants to condemn a pipeline across the land, is a troubling one. Additionally, several permitting issues are unresolved, and a separate Kentucky Supreme Court case related to condemnation use by LG&E is planned for the coming months.
Cost estimates for the proposed pipeline continue to rise from about $25 million to well over $74 million. This is just to build, a cost that undoubtedly will continue to rise due to engineering and maintenance, and ultimately will be charged to LG&E customers. The pipeline route would cross Bernheim’s Cedar Grove Wildlife Corridor, a sensitive natural area subject to a state-held conservation easement and federal deed restrictions intended to ensure protection of forests, wildlife, and clean water. The Kentucky Heritage Land Conservation Fund and the Imperiled Bat Conservation Fund provided funds to purchase this important natural area, and as a condition for that support, Bernheim agreed to protect the natural land and water in perpetuity.
Landslides remain a constant threat along sections the pipeline proposes to cross. Recent climate events involving flood and landslides reinforce the dangers in locating infrastructure on unstable lands. This several mile section is covered in active landslides and slips, springs, seeps, cliffs, outcroppings and mature forests. Any construction that removes vegetation and rocks will cause further instability on these rapidly deteriorating slopes. This may lead to catastrophic landslides impacting major transmission lines and sensitive natural areas. We are calling for a full review by qualified and independent geologists and engineers to assess the current situation. Since the original survey was completed there has been new land movement that further renders this route unsuitable for the pipeline. Additionally, there are 71 stream crossings, 6,271 linear feet of stream impacted, and several springs and wetlands to be destroyed or damaged during construction along the entire route.
Your voice and support, of any amount, will help continue the fight against this proposed LG&E pipeline. The defense of natural land and clean water is critical now and into the future.
Sign the petition to protect the Cedar Grove Wildlife Corridor and donate to to protect our conservation lands.
Thank you for standing with Bernheim as we push to strive towards allowing nature and humans to coexist and remain resilient for future generations.
Andrew Berry is the Director of Conservation at Bernheim Forest and Arboretum.
