A Berkshire Superior Court judge on Tuesday paved the way for a subsidiary of a Houston-based energy company to begin clearing trees on several acres of the Otis State Forest in Western Massachusetts for a natural gas pipeline that will service three utility companies in Connecticut and their customers.
However, Judge John A. Agostini stayed his 21-page order until July 29 to allow time for the Massachusetts Legislature to consider the pipeline, which is being proposed by Tennessee Gas Pipeline Company LLC, a subsidiary of energy giant Kinder Morgan.
Agostini also ordered the company to post a $500,000 bond pending the determination of the amount of compensation due to the Commonwealth for the land.
Tennessee Gas praised the ruling in a statement released by Weber Shandwick, a Boston public relations firm retained by the company.
“Tennessee Gas Pipeline appreciates the care and attention taken by the Massachusetts Superior Court to review this matter,’’ the statement said. “We are pleased that the court applied the ample legal authorities, which allow access to and use of property necessary to build an interstate pipeline project approved by the Federal Energy Regulatory Commission. We are continuing to review the decision and will consider our options, and we look forward to working cooperatively with stakeholders involved in this project.’’
Chloe Gotsis, a spokeswoman for Massachusetts Attorney General Maura Healey, who opposes the company’s request to begin construction, said in a statement that authorities are assessing their legal options in light of the ruling.
“We are disappointed in Judge Agostini’s decision to grant Kinder Morgan’s request for a preliminary injunction,’’ Gotsis said. “We are pleased, however, that the judge stayed his order until July 29, recognizing the critical role of our state Legislature in determining the status of conservation land and allowing it the time to act. We are reviewing the decision and considering our options moving forward.’’
The project spans 6 acres in the Western Massachusetts forest and will encompass 15 acres of temporary work space.
The 3.8 mile, 36-inch pipeline will include a pipeline loop in the Massachusetts town of Sandisfield, just north of the border with Connecticut.
“[It] is self-evident that the timely completion of the proposed pipeline furthers the public interest, because the project will help meet the current and future demand for natural gas and will support the overall reliability of the energy infrastructure,’’ Agostini wrote in his ruling.
But environmental advocates took a different view.
“Today’s decision is a big disappointment,’’ said Karina Wilkinson of the nonprofit Food & Water Watch, in a statement. “It’s a win for corporate profiteering at the expense of protecting the state’s natural resources.’’
Jon Chesto of the Globe Staff contributed to this report. Travis Andersen can be reached at travis.andersen@globe.com. Follow him on Twitter @TAGlobe.
