The Judge has issued a temporary restraining order and injunction to halt work for two weeks until a hearing which is set for Dec 19th. ... on the basis of fraud!
A Texas judge has ordered TransCanada to temporarily halt work on a private property where it is building part of an oil pipeline designed to carry tar sands oil from Canada to the Gulf Coast, the latest legal battle to plague a project that has encountered numerous obstacles nationwide.
Texas landowner Michael Bishop, who is defending himself in his legal battle against the oil giant, filed his lawsuit in the Nacogdoches County courthouse, arguing that ransCanada lied to Texans when it said it would be using the Keystone XL pipeline to transport crude oil.
Tar sands oil — or diluted bitumen — does not meet the definition as outlined in Texas and federal statutory codes which define crude oil as “liquid hydrocarbons extracted from the earth at atmospheric temperatures,” Bishop said. When tar sands are extracted in Alberta, Canada, the material is almost a solid and “has to be heated and diluted in order to even be transmitted,” he told The Associated Press exclusively.
“They lied to the American people” Bishop said.
Judge Sinz ruled as follows after reviewing the pleadings and affidavits filed by Mr. Bishop:Shorter: Don't y'all go be messin' with Texas now folks, damn.” It clearly appears from the Application and Affidavit of Plaintiff Michael Bishop, that sufficient cause exists to issue a temporary restraining order until the merits of the Application can be presented to a jury. Without a temporary restraining order, Plaintiff will suffer immediate and irreparable injury, a violation of his Constitutional rights as delineated by the Texas constitution. This Application was heard ex parte and this Order granted without notice to the Defendant because further delay cannot be redressed by the Court; because Plaintiff has lost property and because Plaintiff has been defrauded and denied his Constitutional rights.”
According to Bishop, the material to be transported from Canada is a hazardous material and not crude oil as depicted in TransCanada’s permits, news releases and previous legal documents filed with both the U.S. State Department and in Texas courts. Bishop also claims that TransCanada defrauded the landowners by stating all of their permits were in order and that TransCanada, a private, foreign coporation, had the right to eminent domain as a common carrier. Bishop states that the Texas Constitution and case law do not allow eminent domain unless the project is one in which the public has an interest. Property in Texas cannot be taken for private gain.I love it.
Direct Action coming up in January 2013 by Tars Sands Blockade. Go or give, if you can.
Tar Sands Blockade stands with landowners and front-line communities that bear the brunt of this all-out assault on the planet and civil liberties. To stand with Tar Sands Blockade, donate funds to our campaign or come join us for our upcoming Mass Action, January 3-8.Please see also: kossack DRo has a diaryup on this too, the more the merrier!