Memphis activists take pressure to Nashville as city council’s cease-fire with
The clock is winding down on the Memphis City Council’s nearly two-month pause on ordinances that could thwart the controversial Byhalia Pipeline, a project with high stakes for environmental justice advocates, protections for the city’s water supply, and billions in revenue for fossil fuel companies.
Meanwhile, Memphis Community Against the Pipeline organizers are trying to stop the project on three other fronts, including at the state and federal levels. Members of MCAP will meet Friday with officials from the Tennessee Department of Environment and Conservation, which the group wants to revoke a key permit for the project.
“This permit we know is wrong. We know they ignored Black people and perpetuated environmental racism,” said Justin J. Pearson, an MCAP co-founder. “If you get federal funding, you can’t have policies and practices that hurt and harm Black people. Well, Black people are being harmed.
“We’re not paying to be discriminated against; that’s not why we pay taxes.”
Byhalia Pipeline — a joint venture of Texas-based Plains All American Pipeline and Valero Energy Corporation — announced plans for the Byhalia Connection Pipeline in 2019. The proposed route of the crude oil pipeline would connect the Valero Memphis Refinery and a Valero facility in Marshall County, Mississippi. The route runs through several Black Memphis neighborhoods, including Westwood, Whitehaven and Boxtown.
The pipeline would also run through a Memphis Light, Gas and Water wellfield and areas that have breaches in a layer of clay that protects the aquifer.
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Plains representatives have argued the pipeline will be buried a safe distance above the aquifer and that monitoring technology mitigates the risk of spills. However, the company has spilled oil before; in 2018, a jury convicted Plains on criminal charges for spilling as much as 3,400 barrels in California in 2015. The company estimated cleanup costs to be $460 million according to a March filing with the United State Securities and Exchange Commission.
State and federal pressure
In November, TDEC issued an Aquatic Resource Alteration Permit for the project, which authorizes construction near and through state-regulated bodies of water.
The approval came despite community members’ objections during the public comment period. In a community meeting months later, a TDEC official said the permit evaluation didn’t consider risks to the Memphis Sand aquifer, from which the city draws its drinking water.
Kathy Robinson, also an MCAP co-founder, said this isn’t just about the revocation of Byhalia Pipeline’s permit, but policy change. Just as TDEC considers a proposed pipeline’s impact on water, land and plants when evaluating proposed projects, organizers want TDEC to consider potential environmental racism.
“Those are things that need to be considered going back to this project and moving forward for other communities,” Robinson said. “These companies target low-income, minority communities. This won’t be the last time.”
TDEC’s focus will be to listen to the concerns and suggestions of community leaders, said Eric Ward, communications director for TDEC, in a statement.
“In pursuit of our mission to enhance the quality of life for citizens of Tennessee and to be stewards of Tennessee’s natural environment, TDEC believes it is important…