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Judge invalidates law allowing XL pipeline

Nebraska to appeal Keystone ruling

Grant Schulte Associated Press

LINCOLN, Neb. – A Nebraska judge on Wednesday struck down a law that allowed the Keystone XL pipeline to proceed through the state, a victory for opponents who have tried to block 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 the state law passed in 2012 improperly allowed Heineman to give Calgary-based TransCanada Corp. the power to force landowners to sell their property for the project. Stacy said the decision to give TransCanada eminent domain powers should have been made by the Nebraska Public Service Commission, which regulates pipelines and other utilities.

A spokeswoman for Nebraska Attorney General Jon Bruning said the state will appeal the ruling. Heineman said he supports the decision to appeal.

Stacy’s decision could cause more delays in finishing the pipeline, which is critical in Canada’s efforts to export its growing oil sands production. It also comes amid increased concerns about the dangers of using trains to transport crude oil after some high-profile accidents – including a fiery explosion in North Dakota last month and an explosion that killed 47 people in Canada last year.

A spokesman for pipeline developer TransCanada said company officials were disappointed and disagreed with the decision, which came in a lawsuit filed by three Nebraska landowners who oppose the pipeline. The company planned to review the ruling before deciding how to proceed.

Foes say the pipeline would carry “dirty oil” that contributes to global warming and are also concerned about a possible spill.

The proposed pipeline route would cross through Montana, South Dakota, Kansas, Oklahoma and Texas, which have already approved their segments, and company officials have previously argued that cutting through Nebraska was the most direct, practical way to transport the oil. A reroute around Nebraska could bring more states into the mix and would lead to further expensive delays.

For the Nebraska Public Service Commission to act, state lawmakers may have to pass a new pipeline-sitting law. 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.

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