Judge strikes down Nebraska law that allowed Keystone pipeline to proceed through state

Fox News ^ | February 19,2014 | AP

[Hojczyk]

LINCOLN, Neb. – A Nebraska judge on Wednesday struck down a law that allowed the Keystone XL oil pipeline to proceed through the state, a victory for opponents who have tried to block the project.

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 law passed in 2011 improperly delegated the decision-making power to Heineman to give the company 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 lawsuit was filed by three Nebraska landowners who oppose the pipeline.

"Under the Court's ruling, TransCanada has no approved route in Nebraska," Dave Domina, the landowners' attorney, said in a statement. "TransCanada is not authorized to condemn the property against Nebraska landowners. The pipeline project is at standstill in this state."

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 decision on a federal permit still rests with President Barack Obama.

The ruling could cause more delays in finishing the pipeline, which would carry oil from Canada to Texas refineries.

[Born to Conserve]

They had plenty of time to bring this up earlier. Hit Nebraska with a lawsuit for all expenses incurred as a result of their delays.

[Don Corleone]

Easy does it. With all due respect, she is a County Court Judge!

D or R?

[Mr Rogers]

The court upheld the law on eminent domain concerns. It was overturned on other grounds.

[DaveA37]

Still more delays in getting that line built.

[Let_It_Be_So]

Was the role of the Public Utilities Commission (with reference to eminent domain matters) laid out in the Nebraska constitution? If so, the judge could be right.

If not, why couldn’t the legislative branch, with signature of the Executive, make such a determination?

[bakeneko]

Key words here “three Nebraska Landowners”. Which one is Ted Turner or if not, how much is he paying them while ranchers everywhere see the lowest herd numbers in decades?

[exit82]

The legislature gave the governor the authority to act. And the Public Service Commission gets its authority from the governor and the legislature.

Bingo. You nailed it.

[Mr Rogers]

I’m in favor of building the line, but I’m also in favor of doing so legally.

[CodeToad]

Your argument is a non sequitur as this isn’t about legislative authority. It is about a private company being given government powers.

[Cicero]

Here’s the only page about her that I could find. I’d guess that she’s a flaming liberal, but I don’t know:

http://supremecourt.ne.gov/3869/honorable-stephanie-f-stacy

[SunkenCiv]

"Under the Court's ruling, TransCanada has no approved route in Nebraska," Dave Domina, the landowners' attorney, said in a statement. "TransCanada is not authorized to condemn the property against Nebraska landowners. The pipeline project is at standstill in this state." 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 decision on a federal permit still rests with President Barack Obama.