Texas Eastern Transmission seeks injunction against Ohio landowner over pipeline easement access

Potter Stewart Federal Building
Potter Stewart Federal Building
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A dispute over access to a natural gas pipeline easement has led a pipeline operator to seek immediate court intervention, citing concerns about worker safety, regulatory obligations, and potential service disruptions if scheduled maintenance cannot proceed as planned. The complaint was filed by Texas Eastern Transmission, LP in the United States District Court for the Southern District of Ohio on March 19, 2026, naming Robert E. Keenan as the defendant.

According to the verified complaint, Texas Eastern Transmission is requesting a temporary restraining order, preliminary injunction, and permanent injunction against Keenan. The company alleges that Keenan has refused to permit safe access to a 50-foot wide permanent right of way and easement on his property in Jefferson County, Ohio. This access is needed for time-sensitive maintenance work on an operational interstate natural gas pipeline located within the easement.

The filing states that this is not the first time Texas Eastern has sought judicial relief regarding this property. It references previous legal actions dating back to 2015 when the court confirmed Texas Eastern’s right to condemn and access Keenan’s property for pipeline construction under a Grant of Easement. Despite a $200,000 settlement agreement and recorded easement in March 2015, Texas Eastern reports ongoing difficulties obtaining unimpeded access from Keenan.

The complaint details that planning for the required maintenance began months in advance with coordination among contractors and customers to minimize disruption during a narrow outage window from March 30 through April 15, 2026. The company asserts that failing to complete repairs within this period could result in significant financial losses due to emergency outages or forced reductions in pipeline pressure starting January 1, 2027. Such outcomes could immobilize Texas Eastern’s ability to meet contractual commitments for firm gas transportation service across several states and regions.

Texas Eastern also highlights its regulatory obligations under federal law. As an interstate natural gas company regulated by the Federal Energy Regulatory Commission (FERC) and subject to Pipeline and Hazardous Materials Safety Administration (PHMSA) rules, it must inspect and repair anomalies identified during routine operations. The current anomaly requires prompt attention during the designated work window when gas flow can be safely interrupted.

The complaint recounts prior confrontations between Keenan and representatives or contractors associated with Texas Eastern or other utilities. These include incidents requiring law enforcement presence during earlier construction phases, allegations by Keenan of property damage he attributed—without evidence—to utility companies, and more recent police involvement after Keenan reportedly shot a neighbor’s dog he claimed was chasing his cattle. According to police reports attached as exhibits in the filing, neighbors have expressed fear of Keenan based on his statements about firearms and hostility toward utility companies.

Since January 15, 2026, when Texas Eastern sent required notice of its intent to perform maintenance work on the easement, it claims multiple unsuccessful attempts were made—both in person and by phone—to secure assurances from Keenan that he would not obstruct access or cause confrontation during the upcoming work period. In one voicemail cited by Texas Eastern dated March 5, 2026, Keenan stated: “as long as you don’t come on any of the property I pay taxes on, we’ll get along.” The company interprets this as an indication that Keenan may again attempt to block lawful entry onto his property despite existing agreements.

Texas Eastern argues that these circumstances create a genuine risk of harm both for workers tasked with performing federally mandated repairs and for downstream customers dependent on uninterrupted gas supply. It further contends that monetary damages alone would be insufficient given the unique nature of real property rights involved and potential reputational harm if regulatory deadlines are missed.

In addition to breach of contract claims regarding alleged violations of the Grant of Easement terms—which explicitly grant Texas Eastern exclusive rights for construction, operation, maintenance, alteration or repair—the company seeks specific performance compelling Keenan’s compliance during the scheduled maintenance window. It also requests authorization for U.S. Marshals or local sheriff’s deputies to serve orders upon Keenan or provide onsite monitoring if necessary.

The legal team representing Texas Eastern Transmission includes Christopher P. Gordon (trial attorney), Sommer L. Sheely, Kara H. Herrnstein, and Matthew W. Warnock from Bricker Graydon Wyatt LLP in Columbus, Ohio. The case is identified as Case No.: 1:26-cv-00288-DRC.

Source: 126cv00288_Texas_Eastern_Transmission_LP_v_Keenan_Complaint_Southern_District_Ohio.pdf



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