The judge ruled that “the Bluegrass Pipeline doesn’t fall under the definition of “public service” stated in the law, and also doesn’t count as a common carrier”. From the opinion:
“Bluegrass is a private, for-profit unregulated entity engaging in the interstate transportation of NGLs. It is not acting ‘in public service,’ and therefore it falls outside the scope of KRS Chapter 278. The proposed pipeline transports NGLS through Kentucky, but does not have any impact on the energy needs of Kentuckians. Bluegrass argues that the pipeline will be available for Kentucky manufacturers and producers. However, the only stated purpose of the pipeline is to transport NGLs to the Gulf Coast to be processed and sold in Louisiana; not to provide natural gas to Kentuckians, but to have NGLs, a mixture of highly dangerous chemicals, running through Kentucky farmland and forests, and near rural communities.”
See also:
WKSU News: Bluegrass pipeline project through Ohio and beyond is cancelled