HOUSTON (AP) - A Texas judge has ordered TransCanada to temporarily halt work on a private property where it is building part of an oil pipeline designed to carry tar sands oil from Canada to the Gulf Coast, the latest legal battle to plague a project that has encountered numerous obstacles nationwide.
Texas landowner Michael Bishop, who is defending himself in his legal battle against the oil giant, filed his lawsuit in the Nacogdoches County courthouse, arguing that TransCanada lied to Texans when it said it would be using the Keystone XL pipeline to transport crude oil.
Tar sands oil - or diluted bitumen - does not meet the definition as outlined in Texas and federal statutory codes which define crude oil as "liquid hydrocarbons extracted from the earth at atmospheric temperatures," Bishop said. When tar sands are extracted in Alberta, Canada, the material is almost a solid and "has to be heated and diluted in order to even be transmitted," he told The Associated Press exclusively.
"They lied to the American people," Bishop said.
Texas County Court at Law Judge Jack Sinz signed a temporary restraining order and injunction Friday, saying there was sufficient cause to halt work until a hearing Dec. 19. The two-week injunction went into effect Tuesday after Bishop posted bond.
David Dodson, a spokesman for TransCanada, has said courts have already ruled that tar sands are a form of crude oil. The company said in a statement emailed Tuesday that work on Bishop's property is underway and that the injunction will not have an effect on construction.
"We are on track to bring this pipeline into operation in late 2013," the statement said.
Environmentalists are concerned that if the pipeline leaks or a spill occurs, the heavy tar sands will contaminate water and land. The tar sands, they argue, are more difficult to clean than regular crude, and U.S. pipeline regulations are not suited to transport the product. They also say refining the product will further pollute the air in the Texas Gulf Coast. The state already leads the nation in greenhouse gas emissions and industrial pollution.
In February, another judge briefly halted work on the pipeline in northeast Texas due to archaeological artifacts on the property. The judge later ruled the work could resume. The pipeline is being built, although the landowner is fighting the condemnation of her land.
TransCanada wants to build a pipeline to transport tar sands from Alberta to the Gulf Coast, but has encountered roadblocks along the way. To cross the U.S.-Canadian border, the company needs a presidential permit, which was rejected earlier this year by President Barack Obama, who suggested the company reroute to avoid a sensitive environmental area in Nebraska. The company plans to reroute that portion.
In the meantime, Obama encouraged the company to pursue a shorter portion of the pipeline from Oklahoma to Texas, which would help relieve a bottleneck in Cushing. TransCanada received the necessary permits for that southern portion earlier this year and began construction.
But many Texas landowners have taken to the courts to fight the company's land condemnations in a state that has long wed its fortunes to oil.
Bishop owns 20 acres in Douglass, a town about 160 miles north of Houston. He used to raise poultry and goats on the land where he lives with his wife and 16-year-old daughter, he said, but sold the animals about two years ago because of the planned pipeline. Initially, the Vietnam War veteran said, he fought the company's attempt to condemn his land, but settled because he could not afford the lawyer's fees of $10,000.
Bishop said he settled under "duress," so he bought a law book and decided to defend himself. Since then, he has filed a lawsuit in Austin against the Texas Railroad Commission, the state agency that oversees pipelines, arguing it failed to properly investigate the pipeline and protect groundwater, public health and safety.
Aware that the oil giant could have a battery of lawyers and experts at the hearing later this month, Bishop, a 64-year-old retired chemist currently in medical school, said he is determined to fight.
"Bring 'em on. I'm a United States Marine. I'm not afraid of anyone. I'm not afraid of them," he said. "When I'm done with them, they will know that they've been in a fight. I may not win, but I'm going to hurt them."
___
RAMIT PLUSHNICK-MASTI
Associated Press
Plushnick-Masti can be followed on Twitter at https://twitter.com/RamitMastiAP
(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)
Texas judge halts Keystone pipeline work
Related Stories
- More Texas News
- National News
- International News
- Help could be available for uninsured West losses
- Texas House mulls new district for failing schools
- NE Texas expects severe storms, possible tornadoes
- Rare $10 bill marked for city of West to be sold
- House to vote on drug testing for welfare benefits
- Bill bars future governors from Medicaid expansion
- More tornado alerts in wake of deadly twister
- Texas radioactive waste bill killed for error
- Ban on shark "finning" stifled in Senate
- House OKs disclosure, lobbying rules for lawmakers
- Remains found in woods could be missing Maine teen
- Caroline Kennedy's jury acquits NYC drug dealer
- Decision due on dismissal of Kennedy case in NY
- Apple chief to testify today on tax strategy
- In tornado's wake, worried parents seek out kids
- WikiLeaks hearing focuses on classified evidence
- Face-chewing victim continues recovery in Miami
- After a decade, global AIDS program looks ahead
- Anti-IRS protest planned at Ohio federal building
- Slow pokes: Acupuncture helps hypothermic turtles
- Bulgaria: Socialist elected as parliament speaker
- Group: More Afghan women jailed for 'moral crimes'
- Tunisia announces 3 cases of coronavirus, 1 death
- Moscow blasts alleged vote theft at Eurovision
- Correction: Cyprus-Breaking Barriers story
- Head of embattled G4S security force retires
- China's Li seeks stronger economic ties with India
- Myanmar Muslims jailed for killing Buddhist monk
- Besieged Mexican town cheers arrival of soldiers
- Chinese fishing boat, crew released by North Korea
Automotive
Find valuable information about buying your next car, including price quotes and your latest automotive news.
Wedding Central
The greatest Southeast Texas story ever told. Share your wedding and engagement news!
Lost and Found Pets
These are pets that have been lost or found in the KFDM News Channel 6 viewing area.
No Text Zone
Texting While Driving Kills Thousands of People Each Year. Many More are Seriously Injured. You Can Help Make Our Roads a NO TEXT ZONE
Texas Lottery
Texas Lottery
Community Calendar
Check out our Community Calendar!
Baby Talk
Baby Talk with Nicole Murray.
KFDM Channel 6 Top Stories
Business News
Asia stocks fall
BANGKOK (AP) -- Asian stock markets fell today as investors waited for the U.S. Federal Reserve to telegraph what it plans to do next with its economic stimulus program.
Consumer News
BC-US--Dow Record-Three Personal Stories, 1st Ld-Writethru,1173
Dow Record: Three tales of ups, downs and changes
AP Photo FX102, FX103
Eds: With BC-US--Dow Record. Adds photos.
By SCOTT MAYEROWITZ
AP Business Writer
NEW YORK (AP) -- When the Dow first crossed 14,000, investors were overjoyed. ...
Entertainment News
"DANCING WITH THE STARS"
LOS ANGELES (AP) -- Zendaya or Kellie Pickler will be winning the mirrorball trophy.
Get This
GW-GYM FLOOR
WASHINGTON (AP) -- George Washington University students will soon be walking all over the White House and the Capitol, too.
Science/Tech News
IN THE NEWS: iPHONE RECOVERED AFTER THEFT IN OREGON
MEDFORD, Ore. (AP) -- A smartphone, plus a not-so-smart criminal -- equals an arrest in Oregon.
