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

Fox News ^ | February 19, 2014 | Associated Press contributed to this report

[thackney]

A Nebraska judge on Wednesday struck down a law that allowed the Keystone XL pipeline to proceed through the state, a setback for 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.

Heineman said Wednesday that state Attorney General Jon Bruning is appealing the ruling.

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.

[thackney]

Judge: Nebraska governor exceeded authority in approving Keystone pipeline
http://rt.com/usa/nebraska-keystone-xl-judge-811/

In January 2013, Heineman sent a letter to President Barack Obama confirming that he would allow the controversial pipeline through the state. The decision came amid much opposition from landowners and others warning that the pipeline could contaminate the Ogallala aquifer, a major groundwater supply. Opponents said the governor did not have the authority to approve the route.

Heineman had opposed the pipeline running through the state’s Sandhills region, which is full of grassy sand dunes that are at high risk for erosion. Yet he said in the letter to Obama that the 195-mile route through Nebraska would avoid the area. He said any spills of the crude tar sands would be localized, and that TranCanada would fulfill cleanup responsibilities.

The ruling will likely cause further delays in completing the 1,179-mile, $7 billion pipeline.

Obama is expected to make a final decision on the pipeline by mid-2014. The southern leg of the pipeline began operations last month.

[Tenacious 1]

We are too stupid to govern ourselves anymore.

[sickoflibs]

RE :”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.”

eminent domain land grab?

[Renegade]

These LIBERAL judges need to be struck down from heaven’s above. They are an abomination!

[bert]

Futile, panic do something even if it is wrong maneuver

[thackney]

You just describe most government actions.

[SolidRedState]

NOT an emminent domain land grab. The extent of the emminent domain only goes so far as to an easement. Which is a fair and respected use and limitation of emminent domain. In addition a fair price has to be paid.

[FlingWingFlyer]

I don’t understand where these ***holes think that they get their authority to do this from. The pipeline is none of this black-robed Nazi tyrant’s business.

[Charles Martel]

Isn’t there already a Keystone pipeline crossing Nebraska? I thought this one was an expansion line with a slightly different (shorter) proposed route.

[thackney]

Yes.

In addition there are a lot more pipelines as well.

[Buckeye McFrog]

Is there some legitimate basis for this ruling?

We must always tread carefully when talking about Eminent Domain powers.

[Starboard]

a setback for the project that would carry oil from Canada to Texas refineries

***********
Its a setback for many people in this country who are not afraid of “job lock” and would still like to earn their living.

[Dr. Bogus Pachysandra]

Stoopid Stephanie Stacy stopped state law.

[Lockbar]

Expecting County Judge Stephanie Stacy to be nominated for a federal judge-ship within the next year.

[Western Phil]

More like an easement. The farmer is likely out a one year crop of a path maybe 100 ft wide. Don’t know what the reimbursement rate is, but I expect it is adequate. More than likely 10x or more of crop value. After completion, the line is buried, there is no sign of it & the farmer has full use of the land again. Looks to me that it is a financial windfall for the land owner.

[NormsRevenge]

Stephanie Stacy.. what a pretty name for a Judge.

so compassionate.. I’d like to see her donor list.

[reed13k]

I don’t know the details but it appears to me that compensation for easements can be negotiated between private parties without a mandate from govt. From what was written The state can keep the ED power for the easement (which is kinda what the judge stated by saying it should have went to the utility commission) without giving up on the project - I think it’s just a matter of the way it was written and giving the ED decision to the private party. I know if it was my land and I wasn’t compensated or given the opportunity to discuss with the parties the route on my land I’d be pissed.

[RetiredArmy]

Hang tough my friend, their day is coming. The LORD is not far from His return. They whom do not believe in His sacrifice on the Cross for our sins, who do not accept the free will of the Gospel of Grace, will be left here. She is probably one of them.