From the Kentucky Resources Council August 2019 newsletter
The defense of the Bernheim Arboretum and Research Forest continues in Bullitt County. KRC’s Environmental and Community Defense team is gearing up its legal defense of Bernheim-owned tracts that are under a double-threat of taking by LG&E and of a future by-pass corridor. It is working alongside additional counsel to protect one of our state’s ecologically diverse conservation corridors. The proposed pipeline threatens conservation efforts at Bernheim, and is the first known effort of a Kentucky electric utility to interfere with a conservation easement in order to locate an intrastate pipeline, and proposes to run gas service through the easement and across a number of private properties and waterways in order to serve populations other than those across whose property it will impact.
January 2020 Update – KRC continues its representation of the Isaac Bernheim Foundation in opposing the effort of Louisville Gas and Electric Company to condemn an easement across two properties acquired by Bernheim for a conservation corridor. KRC has filed and briefed a motion to dismiss the condemnation petition for failure to have named and negotiated with the U.S. Fish and Wildlife Service which owns an interest in the properties conferring on it the right to allow or refuse to allow such easements.
Bernheim Under Threat Roadshow
Contact the Corps of Engineers and Fish & Wildlife
KRC is working hard to represent Bernheim in this ongoing issue, and your voice can make a difference, too. If you’re interested in getting involved, please consider contacting the Corps of Engineers and the Fish and Wildlife Service using the information below. As LG&E seeks approval for a pipeline corridor that its own consultant recommended avoiding, now is the time to demand that the U.S. Army Corps of Engineers consider not merely the water crossings and wetland loss, but also the impacts on terrestrial rare and endangered species and public and private lands, and that the Corps demand an individual 404 permit application and a complete terrestrial and aquatic biological assessment along the chosen route, as well as full consideration of alternatives.
Louisville District of the Corps of Engineers
Louisville District Regulatory Division Office, South Branch
Kentucky Field Station of the US Fish and Wildlife Service Office
502-695-0468 | email@example.com