Skip to comments.Nebraska judge strikes down legislature’s move allowing Keystone XL route
Posted on 02/19/2014 2:16:51 PM PST by Brad from Tennessee
A Nebraska judge ruled Wednesday that the state violated its constitution when it allowed the governor to approve the route of the controversial Keystone XL pipeline, a decision that could significantly delay the $5.3 billion project.
District Court judge Stephanie F. Stacy blocked Gov. Dave Heineman (R) and other defendants from taking any action on the governors January 22, 2013 approval of the Keystone XL Pipeline route, such as allowing land to be acquired by eminent domain for the project.
Stacy concluded that the state legislatures decision to take the siting power away from its Public Service Commission and give it Heineman violated the states constitution. More than 200 miles of the TransCanada pipeline, which would carry heavy crude oil from Canada to refineries along the Gulf of Mexico, runs through Nebraska.
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This one is easy. Ignore the judge. Build the Pipeline. Ignore any penalties. Ignore obama. Go to work and Get ‘Er Done. When they bring out the firearms, film them, and ask ‘em about why they protect illegals and will not protect Americans and Americans jobs. A stand has to be taken.
Fine, if that’s the law, but I wonder if this judge would disallow any of Obama’s usurpation of Congressional powers?
Muslims will be on Mars before this pipeline ever gets done.
“Ignore the judge. Build the Pipeline. Ignore any penalties. Ignore obama. Go to work and Get Er Done.”
It will be much tougher to ignore the land owners who oppose the use of eminent domain to build the pipeline through their private property.
Toss her out the next election — or is she an appointed judge?
Funny how everyone wants to be in control and make all the decisions. The world must be laughing at us
But sometimes when it talks the words come out of the mouths of politicians, judges or others.
You are spot on. I think that is exactly what needs to be done on all of this government strong arming. Hell, these is no law those in DC won’t break. Let the government fire the first shot if they want to stop the people from trying to rebuild the economy and we’ll see then what falls from that tree.
Show me the money...
“This does not seem to me to be an abuse of eminent domain.”
That is likely accurate for you and I, but it may not be true to those who actually own land where the pipeline is planned.
In rural Nebraska, one mile one way or the other is no big deal.
What's that French expression to explain bizarre instances of corruption? (They mean it in a different sense, but here goes):
Cherchez la femme.
Fine. Let’s build a railroad along the route of the pipeline and see how that would sit with them.
Is anyone here aware of the $billion plus cleanup cost of the Kalamazoo River Pipeline Spill (Google that). This pipeline owned by another Canadian company was spilling the same type of oil, toxic dilbit, for 24 hours before anyone realized that. This happened in 2010, and it is still not fully cleaned. Never mind eminent domain. The homeowners along the river where this occurred never even had a change to protest. They are just out of their homes for months or even forever.
So far as I know this is completely private ownership of KXL. Perhaps there is some Canadian government involvement, but highly unlikely there is any US government participation.
If the judge gets in the way again, then impeach her. This is the way checks and balances are supposed to work.
The other way is for the governor to pull an Andrew Jackson: "The court has made their decision. Now let them try to enforce it."
Yet they can find judges in California to approve a far more intrusive right of way than a pipeline; for train tracks that no one will ride on.
Something is wrong with the priorities here.
It would be one thing if the resources are kept within the US and Canada, but that isn't happening. So, joe and jane get their private property taken for a private purpose and the Chinese benefit because of such actions. That aint' cool.
If they want a pipeline, they can buy land and build on it. Just like every other business. Don't use .gov to steal joe's land.
That’s absurd. I’m all about “stands” but who ya gonna shoot first? The people who’s land you take? You’re going to shoot Americans over a pipeline? And what about the next group with bigger guns that says “screw the Courts we’re gonna do what we want”?
Exactly when did we become a rabble. No wonder we can’t get the word out about Conservatism, too many people wanna shoot something if they don’t get their way.
No. You don’t get to ignore what you don’t like unless you have your own island. If you do, more power to ya.
Change the objective of the pipeline from energy to abortion. It’ll get approved in a tenth of a second.
Do you have a reference for that?
Yep. obama ignores judges, injunctions and laws. Why shouldn’t we?
Pretty much at that point myself........
Key words here three Nebraska Landowners. Which one is Ted Turner or if not, how much is he paying them while ranchers everywhere see the lowest herd numbers in decades?
The entire point of the pipeline is to get it to refineries then export it into the world markets or higher markets in Asia.
It would be one thing if the resources are kept within the US and Canada, but that isn’t happening. So, joe and jane get their private property taken for a private purpose and the Chinese benefit because of such actions. That aint’ cool.
If they want a pipeline, they can buy land and build on it. Just like every other business. Don’t use .gov to steal joe’s land.
Exactly what I think about this proposal. This is a pipeline that is either a private company...a private foreign company...or it’s a pipeline w/ Canadian backing...that is being used to go across US land...a lot of it owned privately...and we should take away private property rights for Canada? For China? For a few hundred temp jobs?
Hey, if it’s my land, I’m going to say hell no and or my price is going to cover the cost of never being able to use my property fully again...ever. And if there is a spill...and you know there will be...who’s on the hook to clean it up? And since it’s a private company and/or another nation...will they pay up for cleaning or declare bankruptcy and walk away? In which case,now we, US citizens either have unusable land so degraded not to be useable or US taxpayers have to fork over money to clean up someone else’s mess.
There is no reason to have the lowest heard numbers in decades...NONE. Beef is at it’s highest price ever. Worldwide demand for beef is the highest ever.
Ranchers I know have been making money hand over fist the last few years...because for once...they’re getting paid really good $$ for their cattle.
In states hit hard by extreme cold or drought are having issues...but it’s weather related. Demand is high thanks to the export market.
“I can see by your (spelling of herd) that you are a cowgirl”
Get Real ... or chill.
full agreement, on this point of yours, drypowder!
Minor flaw. Am for putting Americans back to work. Some minor flaws don’t want Americans working. Those minor flaw are compensated for crossing their lands. Minor flaws should not stand in the way of American Jobs.
Amen Vigilanteman ... Americans need Jobs.
Here’s a couple other facts. The pipeline that ruptured was 40 years old and never intended or designed to carry dilbit crude, one of the most toxic hydrocarbons. It was operated by complete morons who not only let it run for approximately 24 hours while ignoring alarms but they turned up the pressure thinking somehow that was a smart thing to do causing a much large spill.
Furthermore, the pipeline already exists to Cushing, Oklahoma. The section from Cushing north, as I understand it, has to be, in effect, rebuilt to handle dilbit crude. So, eminent domain, again as I understand it, is only going to be necessary from Cushing to Port Arthur.
Right now there is a dangerous pile up of oil in Cushing and it can only be removed via rail or truck which is infinitely more dangerous to the environment and people.
We have to have the oil. Scores, if not hundreds, of airliners have crashed killing thousands and we did not cancel airlines. This oil is equally as important as airlines and must be delivered to the market by the safest possible means. A well run pipeline similar to the Alaska Pipeline we know is possible, so let’s do it! That’s my two cents. Moreover, the pipeline hastens the day when we buy zero oil from the Saudi’s who, we know, funded 911.
The laws are to be applied equally. Yep!!!
Again, that decision should be up to the land owner and not the number of jobs other people may get.
I believe the pipeline should be built, but it is not my prerogative to dictate to a land owner that a pipeline must be placed on their private property.
HOORAY! Osage Orange. Is time the laws were once more equal for those holding office and those not holding office. When politicians and judges obey, we obey. Is a simple approach. Theft and Murder are still out of bounds but if they want to keep Americans from Jobs, Screw ‘Em! What was said by the judge in so many words was ... Go Home, Get Foodstamps, Get an Obamaphone and Be Happy! Screw the judge!
Gee ... Get with the program. You want jobs for American or not?
People here don’t care about property rights in this case. Just steal the land, and get it built I guess. Know good people on both sides this. Many have no desire to have a pipeline on their land. Others are worried about the risks and have been screwed before.
judges need to be put back in their place, they are not Emperor Palpatine
full agreement GeronL. They are not our rulers ... Truth be known, our rulers are not our rulers. We the People are the rulers. Time these people that think they rule us learned that Americans do not like where they are leading.
Wow. Just wow. Was the Kelo decision to seize private land for non public use a good one? Seems I remember a lot of people mad about it then, but I guess private property only matters if you’re it is yours they want to take.
It is not my property, but I tend to be sympathetic to folks that are forced to comply with government dictates, especially when a portion of their property is seized in the name of eminent domain.
Get Real ... In some respects I shall agree ... On this One ... NO.
“All land owners are compensated for their land and its usage. That never changes ... “
However, being forced into a sale of one’s property against one’s will is not a free market.
Am seeing you cannot answer a simple question. I’ll put the question to you again ... Do you want Jobs for Americans or Not?