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President Obama Rejects Keystone XL Pipeline

Nebraska landowners lawsuit against TransCanada

Nebraska landowners lawsuit against TransCanada For over seven years, the debate has raged over where to build or not build the KXL pipeline. Domina Law’s involvement started over five years ago when a Nebraska rancher asked if a foreign for-profit oil company could take his land for their profits for a product destined to China and unusable in the U.S. This seemed like a fair question.

We investigated and developed a legal strategy and implemented that strategy for four years. Our legal work was specifically cited by the President and State Department as the reason they were delaying review of this project until our lawsuits were decided.

President Obama’s announcement today rejecting the KXL Pipeline ends, for now, years of TransCanada’s attempts to seek an international border crossing permit essential to the construction of its proposed controversial project.

Dave Domina, lawyer for Nebraska landowners, stated “although we are pleased with the President’s decision, our lawsuits challenging the constitutionality of a law that grants TransCanada eminent domain rights to take land of Nebraskans will go forward until the unconstitutional laws are removed.

Our Nebraska lawsuits and the parallel routing application process initiated by TransCanada currently in front of our states Public Service Commission (PSC) were cited this week as the reason TransCanada requested a “pause” in the State Departments review of its presidential permit application. This “pause” request was denied.

Today’s announcement ends action on the federal level, until and if, TransCanada re-applies for a presidential permit following the presidential election. This rejection also moots the Public Service Commission process in Nebraska since TransCanada has no project for which a route can be reviewed.

Brian Jorde stated “We are thrilled our Nebraska landowners seven-year saga has ended and proud to have designed and implemented the legal strategies identified by the President to initially delay decision on KXL and that helped defeat this assault on constitutional rights of the hardworking ranchers and farmers of this state.”

Dave Domina added, “Our clients are pleased the president was able to give a strong clear explanation for why this pipeline was never a good idea. It was never a job creator. It was never a good idea to turn a piece of real estate the size of Nebraska into an open pit mine to extract this dangerous crude oil. Nebraska is catching up with sister states on wind and solar energy. Obviously, this is where the future lies. We will clean up the legal problems in Nebraska with a bad statute, and finish up those issues, but this announcement is a great relief.”

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