http://abcnews.go.com/US/wireStory/nebraska-law-allowed-keystone-xl-struck-22588014
Nebraska Law That Allowed Keystone XL Struck Down
LINCOLN, Neb. February 20, 2014 (AP)
By GRANT SCHULTE Associated Press
A Nebraska judge on Wednesday struck down a law that allowed the
Keystone XL pipeline to proceed through the state, a victory for
opponents who have tried to block the project that would carry oil from
Canada to Texas refineries.
Lancaster County Judge Stephanie Stacy issued a ruling that invalidated
Nebraska Gov. Dave Heineman's approval of the route. Stacy agreed with
opponents' arguments that a law passed in 2011 improperly allowed
Heineman to give TransCanada eminent domain powers within the state.
Stacy said the decision should have been made by the Nebraska Public
Service Commission, which regulates pipelines and other utilities.
The ruling could cause more delays in finishing the pipeline. State
officials who defended the law are likely to appeal to the Nebraska
Supreme Court. Nebraska lawmakers may have to pass a new
pipeline-sitting law to allow the Public Service Commission to act.
If they do, it's not yet clear how long the five-member PSC might take
on the issue or whether it would approve the pipeline. Staff members
were still reviewing the ruling Wednesday, said Angela Melton, the
commission's attorney.
A spokesman for pipeline developer TransCanada said company officials
were disappointed and disagreed with the decision, which came in a
lawsuit filed by three Nebraska landowners who oppose the pipeline. The
company planned to review the ruling before deciding how to proceed.
"TransCanada continues to believe strongly in Keystone XL and the
benefits it would provide to Americans — thousands of jobs and a secure
supply of crude oil from a trusted neighbor in Canada," said spokesman
Shawn Howard.
Dave Domina, the landowners' attorney, said in a statement that the
ruling means TransCanada has "no approved route in Nebraska."
"TransCanada is not authorized to condemn the property against Nebraska
landowners. The pipeline project is at standstill in this state," he said.
The Keystone XL would carry 830,000 barrels of oil daily from Canada to
Texas Gulf Coast refineries. In its latest environmental analysis, the
U.S. State Department raised no major environmental objections to the $7
billion pipeline. Opponents disagree, saying the pipeline threatens
ground- and surface water and would disrupt soil in the Nebraska
Sandhills, a region of grass-covered dunes used as ranchland.
The Nebraska Legislature in 2011 gave Heineman the ability to approve
the route after landowners complained that the pipeline posed a threat
to the Sandhills. Heineman approved a new route that went around an area
designated as the Sandhills, although opponents insist it still
traverses the delicate soil.
Domina said the ruling means that the governor's office has no role to
play in the pipeline, and decisions within the state must be made by the
Public Service Commission. The commission was created in 1890s to
prevent governors from granting political favors to railroad executives
who wanted to expand through private property.
The decision on a federal permit still rests with President Barack Obama.
Pipeline opponents called Wednesday's ruling a victory for landowners.
"TransCanada learned a hard lesson today: Never underestimate the power
of family farmers and ranchers protecting their land and water," said
Jane Kleeb, executive director of the anti-pipeline group Bold Nebraska.
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