Court Strikes Down Nebraska's L.B. 1161

Court Strikes Down Nebraska's L.B. 1161

Attorney Dave Domina and Attorney Brian Jorde were featured in an article on Climate Progress regarding the recent Nebraska court ruling that declared L.B. 1161 unconstitutional. Judge Stephanie Stacy of Lancaster County District Court announced last Tuesday that the law which gave Nebraska Governor Dave Heineman the right to approve the Keystone XL pipeline route, and therefore invoke eminent domain, was unconstitutional and therefore void.

This ruling is a victory for anti-pipeline activists, although attorneys Domina and Jorde stress that this lawsuit was less about the pipeline itself and more about the landowners' rights under the Nebraska constitution.

Because the Court ruled that L.B. 1161 is unconstitutional and void, TransCanada still has no approved route through the state of Nebraska.

In response to the ruling, Executive Director of Bold Nebraska Jane Kleeb said, "TransCanada learned a hard lesson today, never underestimate the power of family farmers and ranchers protecting their land and water."

For more on this story, read Court Strikes Down Nebraska Law That Allowed The Keystone XL Pipeline Through The State as it appeared in Climate Progress.