Lawyer for two landowners in southwest Memphis challenges prominent estate lawsuits brought by Byhalia Pipeline against clients, claiming in court that building an oil pipeline through residential properties does not serve residents and poses a threat to the water supply.
“There is no public utility here for the citizens of Memphis,” said attorney Scott Crosby. “It’s crude oil that’s taken from one plant through people’s yards, through people’s homes, through people’s property that they’ve had for generations in Mississippi and connects to another. part of their pipeline. At no time will crude oil stop in Memphis (or) be used in Memphis. “
Crosby’s clients are among at least nine landowners in Southwest Memphis who have lost or may lose certain property rights across a prominent estate. Government power is increasingly used by big oil companies to gain access to land. Crosby, an attorney with the Memphis Burch law firm, Porter & Johnson, plans to file on behalf of two additional owners shortly, he said.
The Byhalia Connection pipeline is a joint venture of oil giants Valero Energy and Plains All American Pipeline. The company has been suing Shelby County landowners in court since mid-October to obtain easements on land along its proposed pipeline route. The company filed its latest complaint on January 20 against the Rivergate Harbor Association.
The company unveiled plans in late 2019 to build a 45-mile stretch of pipeline from the Valero Memphis refinery to a Valero facility in Marshall County, Mississippi. The proposed route goes through zip code 38109 in Memphis, including parts of the predominantly black communities of Boxtown, Westwood and Whitehaven.
Boxtown and other residents of the Southwestern community rallied against the pipeline alongside activists and some elected officials, calling the project environmental racism. Another rally will be held at 1 pm Saturday at Mitchell High School located at 658 W. Mitchell Road.
Having free legal representation gives residents, who couldn’t afford the attorney’s fees, a chance to keep their properties, said Justin J. Pearson, spokesperson for Memphis Community Against the Pipeline, the group that organized the larger gatherings.
“It’s strong that this time around when (landowners) run into a billion dollar business, they won’t go alone,” Pearson said.
Scottie Fitzgerald, 68, a Crosby customer, said the free help was “a blessing from God.” Byhalia Pipeline is seeking easement rights to its land on two adjacent parcels totaling approximately 2 acres along Weaver Road. Construction will cover almost a third of the property. Fifteen percent of the land would remain permanently under the control of the company.
“My mother bought the property at a time when black people, especially black women, weren’t easily able to buy property,” Fitzgerald said.
Fitzgerald’s mother left Memphis to work at a factory in Toledo, Ohio, and returned money to her father to buy the land on his behalf, she said.
The case of another client, Clyde Robinson, is scheduled to be heard on February 5 at 10 a.m. in Division 6 of the Shelby County Circuit Court. Robinson owns an acre of land backing onto rail lines near Fields and Outlet Roads. Attempts to reach Robinson for comment have failed at the time of publication.
Crosby said he was approached about the cases by George Nolan, a senior lawyer at the Southern Environmental Law Center. But he didn’t need to be convinced, he said. He represents pro bono landowners because he “felt it was the right thing to do.
“I don’t think the citizens of Memphis have any public utility, that the pipeline crosses their property. … Plus, I was convinced because of the threat to our water, ”Crosby said. “The third reason I was convinced to work on this case was what I saw (as) an attempt by a legal person to take what has been called ‘the path of least resistance’, to placing its pipeline under and through property owned primarily by African American Neighborhoods South of Memphis. “
Studies show that hazardous industries are disproportionately located in communities of color. Blacks, for example, are 75% more likely to live near a polluting facility, according to a 2017 report from the NAACP and the Clean Air Task Force.
SELC sent a letter to officials at the Memphis Light Gas and Water Division last month, asking the utility to join efforts against the pipeline as it passes through a well field that provides water. drinking water in the region.
In a statement today, a representative from MLGW said, “MLGW is aware of the pipeline project and we are in the process of assessing the situation and identifying any concerns, if any, that we may have regarding the pipeline. safe drinking water supplied by MLGW in the surface. Our goal is to provide clean and safe drinking water to our customers now and in the future.
Jeff Cosola, public affairs advisor for Plains All American, said in a statement that the company was exercising due diligence. “We are committed to designing, building and operating the Byhalia Connection pipeline in a safe, reliable and responsible manner. We want our neighbors to know that we are dedicated to pipeline safety and to ensure our pipelines meet or exceed applicable standards for pipeline construction and operation. “
Memphis Mayor Jim Strickland has not commented publicly on the proposed pipeline. His spokesperson did not recognize emails from MLK50 requesting comment for this story or for a story last month.
Pearson named Strickland as one of the many elected officials he would like more support.
“We need more people to advocate because we need to act now,” Pearson said. “Not the people who are just interested in knowing more, we need people to pick sides. It’s Memphis or the oil company. There is no middle ground. “
Carrington J. Tatum is a member of the corps with Report for America, a national service program that places reporters in local newsrooms. Email him at [email protected]
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