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Grand Prairie sued over gas line ordinance

11:34 AM CDT on Thursday, October 2, 2008

By CHRIS HAWES / WFAA-TV

Video
Chris Hawes reports
October 1, 2008
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GRAND PRAIRIE - Chesapeake Energy is involved in a first-of-its-kind lawsuit that could change how North Texas cities deal with natural gas pipelines.

Grand Prairie says the city just wants to protect its people.

But the company says cities have no authority to regulate them.

This is the question - does a city have the right to decide what a natural gas pipeline company does in its city?

Here in Grand Prairie, the city council's tried.

But this week that effort earned the city a federal lawsuit.

Where there are gas wells, there are pipelines.

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It's the first time Texas Midstream has taken a city to court over pipeline regulation.

Homeowners have recently learned the hard way they legally have little choice in whether they allow them through their property.

Attorney Jim Bradbury is a member of Fort Worth's Natural Gas Drilling Task Force.

"You might believe that the city could and should protect you, but it may in fact be true that they can't," he said.

Cities have done what they can, some joining the City of Dish in lobbying legislators. Others, like Grand Prairie, passing ordinances, overseeing where equipment, known as compressor stations used to push the gas through the lines, can go.

"Even when you start to talk about setbacks, the city is talking about safety from an area," said Chesapeake spokesman Justin Bond.

That, he says, is the problem.

This week, Chesapeake's subsidiary, Texas Midstream, sued Grand Prairie, saying pipeline safety is controlled by the federal and state - not cities.

It's the first time the company's taken a city to court over the issue.

So, is Texas Midstream trying to send a message to cities in doing this?

"I think Texas Midstream is trying to be sure the rights given to a city and the rights given to a public utility are specifically stated and identified.

The message, Jim Bradbury says, is clear.

"We can do this our way whether you want us to or not," he said.

But Bradbury says he hopes other cities will join Fort Worth in finding legal ways to protect the rights of citizens and industry.

E-mail chawes@wfaa.com.

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