The Nebraska Legislature’s 2012 L.B.1161
allowing TransCanada Keystone XL Pipeline Co. to proceed with construction across Nebraska was declared unconstitutional and void. The ruling came from Lancaster County District Court Judge Stephanie Stacy, today.
The Court ruled for three Nebraska landowners who challenge the law. The ruling includes a permanent injunction preventing Gov. Dave Heineman, and the Nebraska Department of Environmental Quality from taking any further action to authorize or advance the pipeline under the unconstitutional law.
Judge Stacy concluded that LB 1161 unconstitutionally confers upon the Governor of Nebraska authority to approve a crude oil pipeline route, and to authorize the crude oil pipeline company to exercise the power of eminent domain against Nebraska landowners.
Siding with three landowner plaintiffs, the District Court concluded that under Nebraska’s State Constitution, exclusive regulatory control over pipeline companies like TransCanada Keystone XL must be exercised by the Nebraska Public Service Commission, and cannot be given to the Governor.