By Erin Jones
Thank you for your continued interest and support in Bernheim’s ongoing defense against LG&E’s proposed natural gas pipeline and the condemnation lawsuit that seeks to take a portion of our wildlife corridor. Bernheim and neighboring landowners have spent five years battling LG&E over our right to protect clean water and sensitive lands harboring endangered species and rare habitats.
There may still be a long way to go as LG&E continues its wide-ranging legal and regulatory battles while attempting to use condemnation to build the 12-mile pipeline across Bernheim and other unwilling landowners. Bernheim filed a brief in September to appeal a loss in the condemnation lawsuit in Bullitt Circuit Court. The brief argues that LG & E must meet the statutory criteria to take the Bernheim property acquired with public funds, statutorily dedicated to public conservation use, and encumbered by a government-held conservation easement. We feel that the Circuit Court erred as a matter of law in granting LG&E’s petition to condemn.
In addition to the Bernheim appeal, two separate cases by neighboring landowners were recently awarded discretionary review by the Kentucky Supreme Court. These neighbors argue that LG&E should not have been granted condemnation rights to take land for this pipeline. These two cases are expected to be heard in 2024. Additionally, LG&E is still awaiting several critical permits for the proposed pipeline, including stream construction permits with the US Army Corp of Engineers and a biological opinion from the US Fish and Wildlife Service.
Thank you to all Bernheim’s supporters, members, and volunteers for helping keep up the momentum to continue our fight against this pipeline. 2024 will be a critical time for us all to elevate our voices and help move towards sustainable and healthy communities for people and wildlife. We appreciate your standing with Bernheim as we strive for a future where nature and humans coexist, and our ecosystems remain resilient for future generations.