Just a week after three Nebraska Supreme Court justices chose to sit the decision out and prevent an affirmative ruling on the unconstitutionality of LB 1161, Domina Law Group filed dual lawsuits against TransCanada. The suits, filed in York and Holt Counties, target the route the Canadian oil giant is attempting to lay their Keystone XL pipeline on.
According to Attorney Dave Domina, "TransCanada does not have a lawful route across the state." No lawful route means no lawful eminent domain rights to use Nebraskan's property.
President Barack Obama has already expressed his opposition to the Keystone XL project, but Congressional Republicans are still attempting to push it. The KXL pipeline needs presidential approval because it crosses the Canadian-American border.
While the prior lawsuit filed by Domina Law Group concerns the constitutionality of LB 1161, the law that enabled former Nebraska Governor Dave Heineman (and consequently, TransCanada) to approve the route for KXL, the new suits concern TransCanada directly.
For more on this story, read it as it appeared in Bloomberg – TransCanada Sued by Nebraska Landowners Over Keystone Path.
A similar story was also featured in the New York Times – Nebraska Opponents of Keystone XL Reignite Legal Fight.