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Nebraska judge strikes down legislature’s move allowing Keystone XL route
Washington Post ^ | February 19, 2014 | By Lenny Bernstein

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 governor’s 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 legislature’s decision to take the siting power away from its Public Service Commission and give it Heineman violated the state’s 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.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Canada; Front Page News; US: Nebraska
KEYWORDS: canada; demagogicparty; derailed; eminentdomain; energy; keystone; keystonexl; nebraska; opec; pipeline; stephaniestacy; transcanada
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1 posted on 02/19/2014 2:16:51 PM PST by Brad from Tennessee
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To: Brad from Tennessee

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.


2 posted on 02/19/2014 2:20:24 PM PST by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: Brad from Tennessee

Fine, if that’s the law, but I wonder if this judge would disallow any of Obama’s usurpation of Congressional powers?


3 posted on 02/19/2014 2:20:59 PM PST by Steve_Seattle
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To: Brad from Tennessee

Muslims will be on Mars before this pipeline ever gets done.


4 posted on 02/19/2014 2:21:13 PM PST by TurboZamboni (Marx smelled bad and lived with his parents .)
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To: no-to-illegals
"Ignore the judge."

Reminds me of the old joke about London Bobbies:

What does a Bobby say to a fleeing criminal?

"Stop, or I'll blow my whistle again."
5 posted on 02/19/2014 2:23:57 PM PST by Steve_Seattle
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To: no-to-illegals

“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.


6 posted on 02/19/2014 2:24:59 PM PST by Oliviaforever
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To: TurboZamboni
"Muslims will be on Mars before this pipeline ever gets done."

Second best comment of the day.
7 posted on 02/19/2014 2:25:46 PM PST by Steve_Seattle
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To: Brad from Tennessee

Toss her out the next election — or is she an appointed judge?


8 posted on 02/19/2014 2:26:09 PM PST by Salvation ("With God all things are possible." Matthew 19:26)
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To: Brad from Tennessee

Funny how everyone wants to be in control and make all the decisions. The world must be laughing at us


9 posted on 02/19/2014 2:26:52 PM PST by realcleanguy
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To: Brad from Tennessee

Money talks.

But sometimes when it talks the words come out of the mouths of politicians, judges or others.


10 posted on 02/19/2014 2:27:16 PM PST by Iron Munro ("Show me the man, and I'll show you the crime." - Lavrentiy Beria (& Eric Holder))
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To: no-to-illegals

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.


11 posted on 02/19/2014 2:27:21 PM PST by drypowder
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To: Oliviaforever
"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."

This does not seem to me to be an abuse of eminent domain. To me, a pipeline is a legitimate public purpose even if there is private involvement (and I admit I don't know the ratio of public/private participation in this proposed project).
12 posted on 02/19/2014 2:29:16 PM PST by Steve_Seattle
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To: Brad from Tennessee
I suspect the hand of the White House in this mess. A state judge makes a ruling that now has the governor and Nebraska legislature holding up the pipeline. It gives Obama an excuse to continue doing nothing while blaming a Republican governor.
13 posted on 02/19/2014 2:32:53 PM PST by Brad from Tennessee (A politician can't give you anything he hasn't first stolen from you.)
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To: Oliviaforever

Show me the money...


14 posted on 02/19/2014 2:34:03 PM PST by Paladin2
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To: Steve_Seattle

“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.


15 posted on 02/19/2014 2:34:04 PM PST by Oliviaforever
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To: Oliviaforever

In rural Nebraska, one mile one way or the other is no big deal.


16 posted on 02/19/2014 2:35:08 PM PST by Paladin2
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To: Brad from Tennessee
judge Stephanie

What's that French expression to explain bizarre instances of corruption? (They mean it in a different sense, but here goes):

Cherchez la femme.

17 posted on 02/19/2014 2:36:21 PM PST by SamuraiScot
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To: Brad from Tennessee

Fine. Let’s build a railroad along the route of the pipeline and see how that would sit with them.


18 posted on 02/19/2014 2:37:10 PM PST by CedarDave (Obama - "That's the good thing as a President, I can do whatever I want" (02/10/14 declaration))
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To: Steve_Seattle; All

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.


19 posted on 02/19/2014 2:37:11 PM PST by gleeaikin
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To: SamuraiScot
Cherchez la femme From Wikipedia, the free encyclopedia Cherchez la femme [ʃɛʁʃe la ˈfam] is a French phrase which literally means "look for the woman." The implication is that a man behaves out of character or in an otherwise inexplicable manner because he is trying to cover up an affair with a woman, or trying to impress or gain favor with a woman. The expression comes from the 1854 novel The Mohicans of Paris by Alexandre Dumas (père).[1] The first use in the novel reads: Cherchez la femme, pardieu ! cherchez la femme ![2] The phrase is repeated several times in the novel. Dumas also used the phrase in his 1864 theatrical adaptation, which reads: Il y a une femme dans toutes les affaires ; aussitôt qu'on me fait un rapport, je dis : « Cherchez la femme ! »[3] Translated into English this reads: There is a woman in every case; as soon as they bring me a report, I say, 'Look for the woman!' The phrase embodies a cliché of detective pulp fiction: no matter what the problem, a woman is often the root cause. The phrase has come to refer to explanations that automatically find the same root cause, no matter the specifics of the problem.
20 posted on 02/19/2014 2:38:25 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: no-to-illegals
The key here is if the Public Service Commission is a creation of the legislature or the state constitution. If, as generally is the case, it is a creation of the legislature, then they need only ask it to formally sign off on the legislature's decision.

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."

21 posted on 02/19/2014 2:40:09 PM PST by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: Brad from Tennessee

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.


22 posted on 02/19/2014 2:51:56 PM PST by cicero2k
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To: Steve_Seattle
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.

23 posted on 02/19/2014 3:02:50 PM PST by Theoria (End Socialism : No more GOP and Dem candidates)
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To: no-to-illegals

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.


24 posted on 02/19/2014 3:16:48 PM PST by RIghtwardHo
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To: Brad from Tennessee

Change the objective of the pipeline from energy to abortion. It’ll get approved in a tenth of a second.


25 posted on 02/19/2014 3:31:29 PM PST by Extremely Extreme Extremist (15 years of FReeping! Congratulations EEE!!)
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To: Theoria

Do you have a reference for that?


26 posted on 02/19/2014 3:38:48 PM PST by PA Engineer (Liberate America from the Occupation Media.)
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To: no-to-illegals

Yep. obama ignores judges, injunctions and laws. Why shouldn’t we?


27 posted on 02/19/2014 3:44:23 PM PST by Eagles6 (Valley Forge Redux)
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To: no-to-illegals

Pretty much at that point myself........


28 posted on 02/19/2014 4:13:28 PM PST by Osage Orange (I have strong feelings about gun control. If there's a gun around, I want to be controlling it.)
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To: Brad from Tennessee

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?


29 posted on 02/19/2014 4:26:26 PM PST by bakeneko
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To: Theoria

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.


30 posted on 02/19/2014 4:36:23 PM PST by conservaKate (R got it wrong in 2012. We must get it right in 2014 & 2016.)
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To: bakeneko

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.


31 posted on 02/19/2014 4:41:36 PM PST by conservaKate (R got it wrong in 2012. We must get it right in 2014 & 2016.)
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To: conservaKate

http://journalstar.com/business/agriculture/u-s-cattle-herd-at—year-low/article_0464d0b9-bbb7-5c14-a457-b354384ec57e.html

“I can see by your (spelling of herd) that you are a cowgirl”


32 posted on 02/19/2014 4:51:59 PM PST by bakeneko
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To: RIghtwardHo

Get Real ... or chill.


33 posted on 02/19/2014 5:13:57 PM PST by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: drypowder

full agreement, on this point of yours, drypowder!


34 posted on 02/19/2014 5:16:20 PM PST by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: Oliviaforever

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.


35 posted on 02/19/2014 5:18:54 PM PST by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: Vigilanteman

Amen Vigilanteman ... Americans need Jobs.


36 posted on 02/19/2014 5:19:55 PM PST by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: gleeaikin

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.


37 posted on 02/19/2014 5:22:01 PM PST by Cen-Tejas (it's the debt bomb stupid!)
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To: Eagles6

The laws are to be applied equally. Yep!!!


38 posted on 02/19/2014 5:24:22 PM PST by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: no-to-illegals

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.


39 posted on 02/19/2014 5:26:55 PM PST by Oliviaforever
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To: Osage Orange

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!


40 posted on 02/19/2014 5:28:46 PM PST by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: Oliviaforever

Gee ... Get with the program. You want jobs for American or not?


41 posted on 02/19/2014 5:30:16 PM PST by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: Oliviaforever

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.


42 posted on 02/19/2014 5:30:51 PM PST by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: no-to-illegals

judges need to be put back in their place, they are not Emperor Palpatine


43 posted on 02/19/2014 5:30:57 PM PST by GeronL (Vote for Conservatives not for Republicans!)
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To: GeronL

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.


44 posted on 02/19/2014 5:34:28 PM PST by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: Steve_Seattle

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.


45 posted on 02/19/2014 5:35:36 PM PST by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: redgolum
All land owners are compensated for their land and its usage. That never changes ...
46 posted on 02/19/2014 5:35:53 PM PST by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: no-to-illegals

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.


47 posted on 02/19/2014 5:36:07 PM PST by Oliviaforever
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To: redgolum

Get Real ... In some respects I shall agree ... On this One ... NO.


48 posted on 02/19/2014 5:37:03 PM PST by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: no-to-illegals

“All land owners are compensated for their land and its usage. That never changes ... “

Compensated, yes.

However, being forced into a sale of one’s property against one’s will is not a free market.


49 posted on 02/19/2014 5:38:07 PM PST by Oliviaforever
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To: Oliviaforever

Am seeing you cannot answer a simple question. I’ll put the question to you again ... Do you want Jobs for Americans or Not?


50 posted on 02/19/2014 5:38:21 PM PST by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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