Federation of Connecticut Taxpayer Organizations

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

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     (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.

Tags Transcanada, Eminent Domain, Keystone Xl Pipeline

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

Judges split on Keystone decision

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.

Feds restart review process as new pipeline lawsuits emerge

Pipeline legal battle still brewing

Court upholds law used to route Keystone XL

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, caf�, 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

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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 commissionlocal macon countyMcLean Countyoil pipelinesouthern access extension