Texas farmer wins Keystone-related entry in suit against USACOE

Nov 7, 2013

A farmer in Southeast Texas has won an entry of default in a federal lawsuit against the U.S. Army Corps of Engineers. According to a report by New York-based Bloomberg News, the U.S. Army Corps of Engineers failed to respond to a lawsuit filed by Michael Bishop of Douglass, a small town about 15 miles west of Nacogdoches.

Bishop intends to ask U.S. Magistrate Judge Keith Giblin of Lufkin to invalidate the pipeline’s permits and order the Corps of Engineers to conduct public hearings on the issuance of water-crossing permits to TransCanada, the company building the pipeline, the report said.

An entry of default occurs when a party against whom a claim has been made does not respond in timely fashion. An entry of default does not necessarily imply a judgment of default, which would decide - and close - the case. However, an entry of default is an event the precedes default judgments.

The southern leg of the Keystone XL pipeline, which runs from Cushing, Okla., to the Texas Gulf Coast, is nearly complete. TransCanada estimates the pipeline, which is being built to carry Canadian tar sands crude oil, to go online in early 2014. In Northeast Texas, the pipeline enters the state northwest of Paris and passes east of Cooper Lake on its way south.

TransCanada, which is not a formal party to the lawsuit, had no immediate comment, according to Bloomberg’s report.

The case is Bishop v. Bostick, 9:13-cv-00082, U.S. District Court, Eastern District of Texas (Lufkin).