Nebraskans File New Lawsuits That Could Stop The
Keystone XL Pipeline
by Emily Atkin Posted on January 20, 2015
Tags: Keystone
XL Nebraska
WEB LINK: http://thinkprogress.org/climate/2015/01/20/3613050/two-new-keystone-xl-lawsuits/
Tags: Keystone XL, TransCanada
Nebraska landowners have
launched two separate lawsuits that, if successful, could serve to delay or
even stop the construction of the controversial Keystone XL tar sands pipeline.
The lawsuits, filed last week, represent Nebraska property owners’
second attempt to challenge the constitutionality of a law that gave the
Keystone XL pipeline a legal route through the state and, by extension, their
property. The landowners claim that TransCanada — the Canadian company that
wants to build Keystone XL — made direct threats to use eminent domain and
seize their land if they did not consent to having the pipeline run though it.
“We stand
with landowners to protect property rights and a constitutional pipeline
routing process,” said Jane Kleeb,
director of Bold Nebraska, a group that has been at the center of the state’s
Keystone XL opposition movement. “While we fight to ensure TransCanada and the state of Nebraska
do not run roughshod over farmers and ranchers, we also call upon
President Obama to reject Keystone XL now.”
The law that
is being challenged is called LB1161. The landowners say it is unconstitutional
because it allows pipeline companies, like TransCanada, to bypass the state’s
Public Service Commission (PSC) when seeking approval of their route through
the state and go directly to the Governor. The landowners say that the PSC,
which has a stricter permitting process, is the only entity with direct
authority to regulate pipelines under Nebraska’s
state constitution.
More
specifically, the landowners say former Gov. Dave Heineman
“abus[ed]
the powers of his office … by taking away the authority from the PSC … and
instead [gave] the authority to himself to approve a pipeline and give a
foreign corporation the power of eminent domain before they have all their
permits in place.”
Dave Domina, the attorney representing the landowners, told the Associated Press that the lawsuits are
very similar to the one dismissed last week by the Nebraska Supreme Court. In that decision,
four out of the court’s seven judges agreed with a district court’s February 2014 decision that LB1161 law was
unconstitutional. But according to Nebraska’s
constitution, the court needed the agreement of a super majority — five out of
the seven judges — to officially throw out the law.
The decision
by the Nebraska
Supreme Court effectively confirmed that the 1,700-mile pipeline, which would
have the capacity to carry up to 830,000 barrels of Canadian tar sands oil per
day, has a legal route through the state. But the court left
it open for the route to be challenged in court again, which is what the
latest legal challenge represents. The first lawsuit took about three years to
resolve in the Supreme Court — attorneys for the landowners say the latest lawsuits could take about two
years.
According to
the Associated Press, federal agencies have until February 2 to give advice on
whether to move forward with the pipeline. Meanwhile, the Senate is expected to
vote on legislation to approve Keystone XL’s construction sometime this week. President Obama has
vowed to veto the legislation.
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Keystone builder files for eminent
domain for pipeline route
The Hill By Timothy Cama - 01/20/15 10:33 AM EST
WEB
LINK: http://thehill.com/policy/energy-environment/230027-keystone-builder-files-for-eminent-domain-for-pipeline-route
The company
building the Keystone XL pipeline is filing eminent domain claims to take
easements for the pipe from landowners who do not want to willingly sell their
land rights.
TransCanada
Corp. said Tuesday that it filed the court documents in Nebraska for the parts
of the planned pipeline route for which it does not have easements, which
amounts to 12 percent of the route.
“Despite the filings,
TransCanada will continue to work to acquire voluntary easement agreements,”
Andrew Craig, who is leading the Keystone land efforts for TransCanada, said in
a statement.
“If we are
unable to come to agreement, a panel of local appraisers appointed by the
county court will recommend a value for compensation,” he said. “Eminent domain
is a last resort and our first priority is always to negotiate voluntary
agreements with landowners.”
The company
said landowners will continue to own and use the land, including for farming.
Eminent
domain is usually reserved for governments wishing to take land or easements.
But a Nebraska
law gives TransCanada the power to take land for Keystone.
A group of
landowners challenged that law in court in a high-profile case that threatened
to derail Keystone. But earlier this month, the state’s highest court affirmed
the law and the route.
Some of
those landowners said last week that they would file individual challenges to
their eminent domain filings in another attempt to stop the pipeline
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Challenge to XL Keystone Pipeline Aims
at Neb. Eminent Domain Law –
Courthouse News Service By
TED WHEELER Jan 20, 2015
(CN)
- Landowners in two Nebraska counties sued TransCanada Keystone Pipeline,
challenging the constitutionality of a state law that grants the Canadian oil
giant eminent domain powers to complete its controversial Keystone XL pipeline.
The law in question, LB 1161, also gives the
governor the power to approve routing of the tar sands oil pipeline, though
this responsibility is expressly granted to the Nebraska Public Service
Commission in the state constitution, both complaints state.
Lead plaintiff Terry Byron Steskal
sued in Holt County,
lead plaintiff Susan Dunavan in York County. Both virtually identical lawsuits
were filed on Jan. 16. Both counties are in central Nebraska.
Both claim that LB 1161 "unlawfully
delegates to the governor the Legislature's plenary authority and
responsibility to decide what designees of the Legislature may exercise the
power of eminent domain." Continue reading at ….
http://www.courthousenews.com/2015/01/20/challenge-to-xl-keystone-pipeline-aims-at-neb-eminent-domain-law.htm
Full Coverage
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Dakota Access Pipeline update
Iowa State Daily Jan 20, 2015 By Sam Vander Forest,
samuel.vanderforest@iowastatedaily.com
WEB LINK:
http://www.iowastatedaily.com/dct/essentials/article_285d6962-a028-11e4-b21c-47736562d836.html
The Dakota Access
Pipeline proposal has been shrouded in controversy for months now and with
eminent domain being filed in both Illinois and Iowa by the proposing company
Energy Transfer LLC, it seems appropriate for an update.
Last week, a
coalition of over a dozen environmental groups in Iowa
reported to the Iowa
Utilities Board that the company failed to give proper notice to landowners and
all involved about public information meetings about the project.
The coalition also
states that that are discrepancies in Energy Transfer’s promise of depth for
the pipeline. The coalition claims that the original plan was to bury it 60
inches deep, but changed that number to 48 inches in informational meetings.
The IUB is reviewing the coalition’s motion and will not allow the company’s
application for the project to go through until these discrepancies are worked
out.
Supporters of the
pipeline say the economic and transportation benefits would greatly outweigh
the possible costs. They state that the 1,100-mile pipeline would have a $1.1
billion economic benefit in Iowa
alone, as well as safer transport than rail or truck.
The showdown has
created not only large oppositions, but extremely diverse coalitions as well.
Those opposed to the project are concerned about reducing oil dependence, land
rights, environmental impacts and more. Those in favor, support it because of
increased energy independence, temporary increased employment and more.
Whether you are in
support of the project or strictly opposed, it will be interesting to see if
government intervention is used despite Gov. Branstad’s
desire to stay out of it. If the government does get involved and gives Energy
Transfer the eminent domain it has requested, hopefully they specifically
outline the accountability that the company will be held to.
The decision made
with this pipeline may also showcase the priority differences or similarities
between state and local governments and the federal government, as much of the
nation advocates for investing in new renewable
resources. http://www.iowastatedaily.com/dct/essentials/article_285d6962-a028-11e4-b21c-47736562d836.html
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TransCanada begins condemnation
proceedings
Lincoln Journal Star • By Nicholas Bergin | Lincoln Journal Star
By Nicholas Bergin | Lincoln Journal Star
Reach the writer at 402-473-7304 or nbergin@journalstar.com.
Follow him on Twitter at @ljsbergin.
TransCanada, the company that wants to build the $8 billion
Keystone XL pipeline, filed court documents Tuesday in nine Nebraska counties
starting eminent domain proceedings to get the 12 percent of easements it still
needs here.
WEB LINK: http://journalstar.com/news/local/transcanada-begins-condemnation-proceedings/article_986c08ce-b888-51ac-86d9-101749f7a561.html
In a contentious 4-3 decision, the Nebraska Supreme Court
reversed a lower court’s ruling that struck down the state law used to approve
the Keystone XL route.
TransCanada Takes Steps to Acquire
Keystone Pipeline Land - ABC News Full Coverage
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Keystone XL pipeline: Project puts
water, land at risk
The Missoulian Trans Canada Jan 20, 2015
On Jan. 9 in the Missoulian,
I read Sen. Steve Daines cast his first vote for the
development of the Canadian Keystone XL pipeline in the Senate
Energy and National Resources Committee.
This Canadian pipeline crosses six counties in Montana and four states: Montana,
South Dakota, Nebraska
and Kansas.
The claim is for two years of annual jobs. The nature of the work means only 10
percent of the workforce would come from the four states, 1,500 direct and
2,200 indirect (maybe jobs, café, housing, etc.). Once finished, there will be
35 permanent jobs and 15 temporary to operate it. No mention of permanent
monitoring jobs for leaks.
We all know pipelines leak. The shale oil from Alberta is a special
problem; it needs to be thinned down so it will flow. The thinning carcinogenic
chemicals required cannot be removed in any water treatment plant. When this
oil spills, the additives will separate from the oil. They do not float on
water; they settle out into the water and sink.
Amendments requiring cleanups is a hollow promise that has
not worked yet. When cleanup attempts are made, it is with U.S. taxpayer
money because the foreign country has left ignoring the cleanup agreement.
There would he no cleanup possible when a spill happened with this pipeline
over Nebraska.
A hundreds-of-years collection of clean water in the aquifer under Nebraska would be
damaged for all time. Should the U.S. take the risk with this
pipeline for the handful of jobs promised?
Trans Canada has used eminent domain to cross the land of Danell Garoutte of McCone County,
Montana. No foreign
country should be able to use eminent domain against an American landowner. Nebraska people in the
pipeline path have had eminent domain used against them, also. It puts
everyone’s water and land at risk.
M.M. Plouzek, Thompson Falls
http://missoulian.com/news/opinion/mailbag/keystone-xl-pipeline-project-puts-water-land-at-risk/article_9bd511ab-791d-5532-8ee3-639ce64073d3.html
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Enbridge pipeline construction waits
for trials
Vidette Online The appeal by Julia Moreno
on January 19, 2015
http://www.videtteonline.com/index.php/2015/01/19/enbridge-pipeline-construction-waits-for-trials/
This spring,
Enbridge hopes to start construction on the proposed 165-mile oil pipeline.
However, some landowners are still attempting to derail the project.
The
Canadian-based company is currently building a pump station at its Flanagan
Terminal in rural Pontiac.
The pipeline will start at the Flanagan Terminal and go through several
counties including McLean, DeWitt and Macon. The ending hub will be in Patoka
in southern Marion
counting.
The Southern
Access Extension still needs 68 parcels of land to complete the project.
Originally there were 80 parcels, but the company has reached agreements with
landowners. The project is subject to eminent domain cases of circuit courts.
No trials have started.
Ellsworth
attorney Tom Pliura represents about 100 clients who
are fighting the impending domain process. Pliura has
an appeal pending in the Fourth District Appellate Court. The appeal is
contesting the Illinois
Commerce Commission’s decision to allow Enbridge to pursue eminent domain for
the property it needs.
Tags dewitt countyenbridge pipelineflanagan terminalillinois commerce commissionlocalmacon countyMcLean Countyoil pipelinesouthern access extension
Enbridge
gets OK to pursue eminent domain for pipeline
May 03, 2014 • Mary
Ann Ford mford@pantagraph.com
(45) Comments
BLOOMINGTON — The Illinois
Commerce Commission has ruled Enbridge Pipelines can pursue eminent domain to
get the remaining right-of-way it needs for a planned 167-mile pipeline from
Flanagan to Patoka.
Enbridge wants to
begin construction on the light crude oil pipeline this summer and have it
operational by mid-2015, said Jennifer Smith, communication manager for
Enbridge.
But LeRoy attorney Tom Pliura, who
represents about 100 landowners along the route, said Friday, "That's
hogwash. We're going to be in court and challenging this thing. It
probably will go to the appellate court."
Pliura said the original
project approved by the ICC was for a 36-inch pipeline that Enbridge officials
maintained would bring hundreds of thousands of barrels of petroleum to the Midwest. The pipeline now has been downsized to 24 inches
and Pliura maintains the crude oil will go to China.
"It's not
going to benefit anybody, but the shareholders of Enbridge ... Exxon Mobile and
China,"
he said.
dition, Pliura
maintains the company will be busing in workers from Michigan to build the pipeline.
Pliura said he will be
filing a motion asking the ICC to reconsider its decision. If it's denied, he
said he will appeal to the appellate court. Pliura
previously appealed ICC's decision giving Enbridge permission to build the
pipeline. The 4th District Appellate Court upheld the ICC decision, 2-1, in
December 2010.
Beth Bosch, ICC
spokeswoman, said the commission's decision this week only allows Enbridge to
pursue eminent domain; Enbridge will still need to go to court to obtain the
property.
Smith said the
company plans to continue negotiating for the remaining 120 parcels it needs,
and at some point, landowners will get a letter about the court process.
The company
originally announced the project — planned to go through parts of Livinston, McLean, DeWitt, Macon, Shelby, Christian,
Fayette and Marion counties — in 2007 and said much of the right-of-way
would be adjacent or in existing rights-of-way of the former Central Illinois
Pipeline Co. Enbridge and Central Illinois Pipeline Co. merged in 2006.
The project was put
on hold in 2009 because of poor economic conditions. According to the ICC
"status of project" information, Enbridge maintains conditions have
changed and that refiners such as Marathon,
which has three refineries served from the Patoka hub, want to use the pipeline
for "several hundred thousand barrels per day." For that to happen, Enbridge
maintains the pipeline must be in service by 2015.
Meanwhile, the
McLean County Highway Department will ask the County
Board's Transportation Committee on
Tuesday to approve a road use agreement with Enbridge for construction of the
pipeline through McLean
County.
"This road use
agreement helps protect the county's roads by defining weight limitations, time
frame limitations, and routes to be used during the project," said County Engineer
Eric Schmitt.
According to the
pact, the county will receive $25,000 from Enbridge to cover administrative
costs and overweight permits for the project.
Smith said the
first step toward building the pipeline is to clear and prepare the
right-of-way; then locate utilities; bring in the pipe; weld the pipe; then dig
the trenches. Borers also will be used to take the pipe under railroad tracks.
The pipeline could be operating before restoration work begins, she said.
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