Halting land suits in Tennessee, says pipeline’s builder

MEMPHIS — A company seeking to build a disputed oil pipeline over an aquifer that provides drinking water to 1 million people agreed verbally Tuesday to stop pursuing lawsuits against Tennessee property owners who refused to sell access to their land for construction.

Plains All American Pipeline spokesman Brad Leone said the company will put an agreement in writing with the Memphis City Council to set aside lawsuits filed against property owners fighting the Byhalia Connection pipeline. Leone spoke at a council committee meeting in which members discussed a proposed city ordinance that would make it difficult for the pipeline to be approved and built.

Plains is part of a joint venture with Valero Energy to build the Byhalia Connection, a 49-mile underground pipeline linking the east-west Diamond Pipeline through the Valero refinery in Memphis to the north-south Capline Pipeline near Byhalia, Miss. The Capline, which has been transporting crude oil from a Louisiana port on the Gulf of Mexico north to the Midwest, is being reversed to deliver oil south through Mississippi to refineries and export terminals on the Gulf Coast.

Plains and Valero say the project will bring needed jobs and tax revenue to the Memphis area. Byhalia Connection has secured permission from Tennessee and the U.S. Army Corps of Engineers to build the pipeline.

The planned route would take the pipeline over the Memphis Sand Aquifer, which provides drinking water to 1 million people the Memphis area. It is part of a large aquifer system that lies beneath eight states and provides water for farms, factories and homes.

Environmentalists, lawyers, activists and politicians who oppose the pipeline are worried an oil spill would cause contaminants to seep into the aquifer. In a letter to the Army Corps, the Southern Environmental Law Center said the clay layer above the aquifer “has several known and suspected breaches, holes, and leaks.”

Activists also are upset that the pipeline would run through poor, predominantly Black neighborhoods in south Memphis that for decades have dealt with environmental concerns such as air and ground pollution. Community members have organized weekend rallies attended by pipeline opponents such as former Vice President Al Gore.

Most property owners along the path of the pipeline signed deals granting Byhalia access to their land. Property owners who haven’t agreed to receive payment in return for easements on their land have been sued, with the pipeline company’s lawyers trying to use eminent domain rights to claim property.

A hearing had been set for May 14 for a judge to hear arguments about whether Byhalia has a legal right to take the land.

Leone said the cases would be dismissed and the pipeline company plans to explore alternatives to the current route.