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Nebraska Supreme Court Pushes Up Date of Oral Arguments in Keystone XL Pipeline Case


Concerned about its corporate profits and restless financial backers, TransCanada requested expedited arguments by the Nebraska Supreme Court in the legal battle against landowners and concerned citizens over the Keystone XL Pipeline.

This ruling likely means that, barring scheduling conflicts or new motions, the oral arguments over whether or not to nullify the Nebraska Public Service Commission’s approval of an alternate pipeline route back in November of 2017 will likely be heard sometime in October of this year. The landowners, represented by the Domina Law Group who are fighting back against the multi-billion dollar Canadian company attempting to seize their private land using eminent domain claim that, among other things, the approval of this alternate route violated the law.

“The governing statute permits one application for one route at a time, not a smorgasbord from which the PSC can choose,” attorney David Domina wrote in the brief submitted to the Nebraska Supreme Court earlier this year.

TransCanada’s clock to secure a route for its pipeline is ticking – they have until November of 2019 to either go through the courts to gain access to the private land through eminent domain or to strike a deal with the landowners. Even then, it still faces potential financial hurdles. The natural gas company based out of Alberta, Canada only has commitments to pump 500,000 barrels of oil per day through the 36-inch pipeline once it’s built, far short of its 830,000 barrel per day capacity, putting the financial viability of the project in jeopardy.

During arguments about whether or not to expedite the arguments, Domina Law Group attorney Brian Jorde stated that “corporate desires” should not be enough to warrant this decision. Despite the decision in favor of TransCanada, the landowners and their attorneys remain committed to pushing back against the decision to grant an alternative pipeline route that the company never applied for.

“The PSC was only evaluating one thing, and one thing only – TransCanada’s proposed Preferred Route,” Jorde said about the decision back in November.

You can learn more about the alternate route that is currently being challenged in court here. Our attorneys at the Domina Law Group are committed to fighting for the rights of landowners affected by this proposed project, and will continue to do so until we secure the legal outcome they deserve. If you are affected by this alternate pipeline route, give us a call at (888) 387-4134 or fill out our online form today to give us the details of your situation. We have spent years fighting this multi-billion dollar project, and we have no intention of stopping now.

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