Law Allowing Keystone XL 'Unconstitutional'

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Nebraska Judge Declares Law Allowing Keystone XL 'Unconstitutional' - US News

By Alan Neuhauser
Feb. 19, 2014

A Nebraska state judge struck down a law allowing the construction of the controversial Keystone XL pipeline Wednesday, declaring it unconstitutional.

The law, LB 1161, allowed Nebraska Gov. Dave Heineman, a Republican, and pipeline owner TransCanada to sidestep regulators and use eminent domain to build on private land.

Lancaster County District Judge Stephanie Stacy sided with three landowners who challenged the law, finding that regulatory power over industrial companies such as TransCanada must remain with agencies like the Nebraska Public Service Commission, not the governor’s office.

Stacy found that the law violated the state constitution, and she issued an injunction blocking the governor’s office from “taking any action on the governor’s Jan. 22, 2013, approval of the Keystone XL Pipeline route,” which would include allowing land to be acquired through eminent domain.

The case was argued Sept. 27.

Stacy's ruling could heavily delay the pipeline project, which is projected to cost about $5.3 billion. The governor and attorney general have 30 days to appeal to the state Supreme Court, and the governor can also call a special session of the legislature to draw up a new version of the law.

“We’re talking on the order of months before you can get this before a tribunal,” says Anthony Schutz, a professor at the University of Nebraska College of Law.
TransCanada, in a statement, said it was "disappointed" in the decision.

"We will now analyze the judgment and decide what next steps may be taken," the company said. "TransCanada continues to believe strongly in Keystone XL and the benefits it would provide to Americans."

Attorney David Domina, who represented the three plaintiffs, says he was "not surprised by the outcome."
"We thought we had a very, very strong constitutional argument," he says. "It's a simple matter of raw legal logic: the statute didn't match the state constitution."

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[O.R.I.O.N]

good

 

[Mr. H.]

Another fucking senseless delay.

 

[DigitalDrifter]

Guarantee you she's a fucking lib.

 

[O.R.I.O.N]

Scumbag governor should have no right to STEAL people's land to simply get a pipeline through..did either of you even read the damn article? Thought conservatives were for private property rights? Jeez.

 

[Jughead]

Law Allowing Keystone XL 'Unconstitutional'

Hope this small obstacle will get bypassed soon, as delays cost money. Speaking of money, the Keystone XL project will provide many well paying jobs, and trying to block it is senseless.

 

[Mr. H.]

Scumbag governor should have no right to STEAL people's land to simply get a pipeline through..did either of you even read the damn article? Thought conservatives were for private property rights? Jeez.

What's "good" about it S.O.N.I.O.N.?

Here's the gist of the decision...

...regulatory power over industrial companies such as TransCanada must remain with agencies like the Nebraska Public Service Commission, not the governor’s office.

Very debatable. And it will be challenged, debated, and overruled.

No fucking sane reason to refuse this project other than to mollify brain-dead petrophobes such as you.

 

[O.R.I.O.N]

It allows a politician with power to STEAL private land so his company can make more money. End of that....I would use force to protect my land from ANYONE especially the government though.

 

[HenryBHough]

States can rape and pillage using Eminent Domain for any reason they can even imagine.

Not my decision, that of The Supreme Court of The United States as handed down against a homeowner in New London, Connecticut, USA.

 

[TemplarKormac]

Apparently, nobody in our justice system can read a report saying this pipeline will do no harm to anybody. Oh well.

 

[Mr. H.]

It allows a politician with power to STEAL private land so his company can make more money. End of that....I would use force to protect my land from ANYONE especially the government though.

The governor made the right call in wresting the decision from the Public Works Commission in order to finally get the goddamn project going. An injunction was issued because of alleged conflict with the State's constitution.

It will get ironed out. The pipeline will be built, and our nation will be better off for it.

 

[O.R.I.O.N]

I got no problem with the pipeline its self I got a problem with him trying to use imminent domain to steal peoples land who won't or don't want to sell.

 

[Mr. H.]

President He-Who-Shall-Not-Be-Named approved a carbon-copy of the Keystone XL back in 2009. He bragged about it, Hillary crowed about it, the State Department lauded it....

Now, S.O.N.I.O.N., politicians with power are stealing the health, wealth, and vitality of their own nation and holding it hostage in order to appease the petrophobes.

It really is that simple.

 

[Mr. H.]

I got no problem with the pipeline its self I got a problem with him trying to use imminent domain to steal peoples land who won't or don't want to sell.

Well, that's some consolation and I applaud you for it.

 

[Star]

Guarantee you she's a fucking lib.

Are all your guarantees worthless, or just this one?

I seriously doubt Gov. Dave Heineman would commit political suicide by appointing a left leaning judge in a bright red state but-----but there's a possibility that you're right - by supporting the XL Keystone Pipeline to cross over the nations most important water supply Gov. Dave Heineman has proven himself to not be the brightest bulb.
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[Star]

I got no problem with the pipeline its self I got a problem with him trying to use imminent domain to steal peoples land who won't or don't want to sell.

The judges's ruling may or may not throw a long term monkey wrench into the Keystone XL Pipeline because-----because the Public Service Commission might approve the route already okayed by the governor but-----but it looks like the the Nebraska governor, in his zeal to dirty the environment overstepped his authority.

Here's the text of Stacy's ruling and below is the judge's order:

IT THEREFORE IS ORDERED, ADJUDGED, AND DECREED: 1.. LB 1161 violates NEB. CONST. art. IV, § 20 by divesting the PSC of control over the routing decisions of oil pipelines subject to the act and vesting such regulatory control over common carriers in NDEQ and the Governor. Plaintiff's request for declaratory judgment is granted, and LB 1161 is declared unconstitutional and void. Furthennore, the Governor's actions of January 22,2013, having been predicated on an unconstitutional statute, are declared null and void.

2. Plaintiff's request tor inj unctive relief is granted, and the Defendants are pennanently
enjoined from enforcing LB 1161 and from taking any action on the Governor's January 22, 2013 approval of the Keystone XL Pipeline route;

3. Any request for relief by any party which has not specifically been granted by this Order, is denied.
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