Quantcast
Environmental News for a Healthier Planet and Life

Landowners vs. Keystone XL in Eminent Domain Lawsuit

Energy
Landowners vs. Keystone XL in Eminent Domain Lawsuit

Bold Nebraska

By Mark Hefflinger

Three Nebraska landowners will finally see their day in court as the lawsuit they filed against the state is finally moving forward. The suit challenges the constitutionality of the LB 1161 the law used by the state legislature and Gov. Heineman (R-NE) for approving eminent domain and the Keystone XL pipeline route in Nebraska. The State Department must put on hold any review of the pipeline.

After multiple attempts at delay by state officials, Nebraska Judge Stacy announced today that the lawsuit will be heard on September 27. This news has significant implications on the broader national debate on the permit process for TransCanada's Keystone XL tarsands pipeline. With the entire Nebraska route in question, the State Department should not finalize the Environmental Impact Statement (EIS) until the court decision and the Public Service Commission, goes through the extensive routing process laid out for pipelines.

“If we are successful in our lawsuit TransCanada will have to start the Keystone XL siting process over again through the Nebraska Public Service Commission, so it would be premature for the State Department to issue a final EIS when the route across Nebraska remains very much in question," said one of the plaintiff landowners, Randy Thompson. "As citizens, we are asking the State Department to respect the legal process and our state's constitution.”

“Completing an environmental review of a tarsands pipeline requires Nebraska have a final route that was lawfully determined," stated Brian Jorde, lawyer with Domina Law Group. "With the Nebraska route in doubt, pending resolution of the constitutional challenges to the law that led to its approval, it would be irresponsible to approve a national route when nearly 200 miles are still in question. We encourage our government to honor our legal process and give Nebraska its day in court.”

“This lawsuit has given hope to scores of landowners who have refused to negotiate easements with TransCanada," said Susan Dunavan, another landowner plaintiff. "Landowner’s rights have been taken from us by delegating eminent domain authority to the Governor.”

“No one in the State of Nebraska should be threatened by a corporation, foreign or domestic. This lawsuit will ensure that our landowner’s rights are upheld and our state constitution followed. Eminent domain must not be used for private gain. This pipeline is not for Nebraska. It is not for the U.S. It is solely for the benefit of Canada and the oil industry,” Dunavan concluded.

Thompson, Dunavan and Susan Luebbe are standing up for citizens across the state, and are calling into question the environmental impacts the Keystone XL pipeline would have on Nebraska. Landowners are not accepting a threat to their land, water and livelihood without a fight.

Visit EcoWatch’s KEYSTONE XL page for more related news on this topic.

——–

Pexels

By Jessica Corbett

A new study is shedding light on just how much ice could be lost around Antarctica if the international community fails to urgently rein in planet-heating emissions, bolstering arguments for bolder climate policies.

The study, published Thursday in the journal Geophysical Research Letters, found that over a third of the area of all Antarctic ice shelves — including 67% of area on the Antarctic Peninsula — could be at risk of collapsing if global temperatures soar to 4°C above pre-industrial levels.

Read More Show Less
EcoWatch Daily Newsletter
Valley of the Gods in the heart of Bears Ears National Monument. Mint Images / Getty Images

By Sharon Buccino

This week, Secretary Haaland chose a visit to Bears Ears National Monument as her first trip as Interior Secretary. She is spending three days in Bluff, Utah, a small town just outside the monument, listening to representatives of the five tribes who first proposed its designation to President Obama in 2015. This is the same town where former Secretary Sally Jewell spent several hours at a public hearing in July 2016 before recommending the monument's designation to President Obama.

Read More Show Less
Trending
Pexels

By Anthony Richardson, Chhaya Chaudhary, David Schoeman, and Mark John Costello

The tropical water at the equator is renowned for having the richest diversity of marine life on Earth, with vibrant coral reefs and large aggregations of tunas, sea turtles, manta rays and whale sharks. The number of marine species naturally tapers off as you head towards the poles.

Read More Show Less
"Secrets of the Whales" is a new series that will start streaming on Disney+ on Earth Day. Disney+

In celebration of Earth Day, a star-studded cast is giving fans a rare glimpse into the secret lives of some of the planet's most majestic animals: whales. In "Secrets of the Whales," a four-part documentary series by renowned National Geographic Photographer and Explorer Brian Skerry and Executive Producer James Cameron, viewers plunge deep into the lives and worlds of five different whale species.

Read More Show Less
Spring is an excellent time to begin bird watching in earnest. Eugenio Marongiu / Cultura / Getty Images

The coronavirus has isolated many of us in our homes this year. We've been forced to slow down a little, maybe looking out our windows, becoming more in tune with the rhythms of our yards. Perhaps we've begun to notice more, like the birds hopping around in the bushes out back, wondering (maybe for the first time) what they are.

Read More Show Less