TransCanada Keystone XL Pipeline Opposition Work

Update 6/9/2021 -

Keystone XL Pipeline Terminated, Lawsuits Continue - Read more here or watch below.

For nearly a decade, Domina Law Group has been working with landowners and concerned groups in investigating legal issues and challenging TransCanada Corp.’s assertion that it can exert powers of eminent domain to take U.S. citizens' land for its proposed tar sands sludge pipeline. Nebraska has been and continues to be the battleground for this international issue.

News

• Keystone XL Pipeline Terminated, Lawsuits Continue (6/14/2021)
• Attorney Brian Jorde Interviewed About TC Energy’s Bid for Keystone XL Land Rights Despite Federal Block (4/16/2021)
• National Geographic Quotes Attorney Brian Jorde on Keystone XL Pipeline & What Comes Next (2/17/2021)
• Nebraska Landowner Litigation Prompts Biden Administration to End Keystone XL Pipeline (1/19/2021)
• Ninth Circuit Upholds Ruling to Block Fast-Track Permit for Keystone XL Pipeline (6/5/2020)
• Brian Jorde Helps Wisconsin Landowners Fight Proposed Enbridge Pipeline (5/26/2020)
• Domina Law’s Keystone XL Pipeline Appeals to Create More Obstacles for TC Energy (3/6/2020)
• Keystone Pipeline & Keystone XL Challenged by Courageous Landowners (11/22/2019)
• What Do We Know About the Rare Permit for the Keystone Pipeline? (11/14/2019)
• Will the Recent Oil Spill Put an End To the Keystone XL Pipeline Expansion? (11/13/2019)
• TransCanada has filed its second round of eminent domain cases. Their first attempt was in 2015 but following multiple lawsuits brought by Domina Law, TransCanada abandoned every one of their condemnation lawsuits against all Nebraskans. Now, TransCanada is at it again.(9/28/2019)
• Nebraska Supreme Court Schedules Oral Arguments in Keystone XL Pipeline Case for November (8/23/2018)
• Federal Ruling Creates New Setback for TransCanada Corp in Building of Keystone XL Pipeline (8/20/2018)
• TransCanada Intends to Start Preliminary Work on Keystone XL Pipeline This Fall (5/4/2018)
• TransCanada Executives Express Frustration Over Landowner's Effective Legal Strategies (3/19/2018)
• New Landowners Are Prepared for the Fight Against TransCanada and the Keystone XL Pipeline (3/13/2018)
• TransCanada Reaffirms Commitment to Building the Keystone XL Pipeline Despite No Advancement in Legal Proceedings (1/19/2018)
• Nebraska Supreme Court Hears Arguments About TransCanada Owing Landowners $350,000 in Lawyer's Fees (1/10/2018)
• Landowners, TransCanada Make Arguments For and Against Amended Keystone XL Pipeline Application (12/14/2017)
• Both Landowners and TransCanada Ask Nebraska PSC to Reconsider Keystone XL Ruling (11/29/2017)
• Nebraska PSC Decides TransCanada's KXL Pipeline Route Application (11/20/2017)
• The Final Push Against TransCanada's Preferred Route for its Keystone XL Pipeline (11/17/2017)
• TransCanada Cancels Proposed Energy East Pipeline Project (10/6/2017)
• Landowners Rebuttal Closing Argument to Oppose TransCanada Keystone XL Pipeline (9/25/2017)
• David Domina Exposes TransCanada's Failure in His Closing Arguments (9/18/2017)
• Opposition to TransCanada Keystone XL Pipeline (9/15/2017)
• TransCanada Looks to Appeal Landowner Victory in Antelope County Court (12/12/2016)
• TransCanada Appeals Landowner Victory in Holt County Court (10/26/2016)
• TransCanada Suing the United States (PDF)
  • TransCanada Lawsuit – 1/6/2016 (PDF)
  • TransCanada Notice to Submit Claim to Arbitration Under NAFTA (PDF)
• TransCanada's Request for Dismissal of KXL Permit Application Granted (11/18/15)
  • View the Order Cancelling Planning Conference (PDF)
  • View the Motion to Dismiss Without Prejudice (PDF)
• President Obama Rejects Keystone XL Pipeline(11/6/15)
• President Obama Expected to Reject KXL (11/4/15)
• Landowners Rally to Prevent TransCanada Lawsuit from Flatlining (10/20/15)
• Long Legal Battle Looming for TransCanada in Keystone XL Pipeline Case (10/8/15)
• TransCanada Afraid to Go to Court: Nebraska Landowners Stare Down Pipeline Company! (9/30/15)
• TransCanada to Stop Condemnation Efforts in Hopes of Ending Legal Battle (9/30/15)
• Landowners Opening Brief Filed in Nebraska Keystone XL Battle (8/31/15)
• TransCanada Stopped in Nebraska! (2/26/15)
• TransCanada Halted by Temporary Injunction in Nebraska (2/16/15)
• Nebraska Landowners Win Injunction Against TransCanada (02/12/15)
• Holt County Complaint (PDF)(2/4/15)
  • Temporary Injunction Order Against TransCanada (PDF)
• York County Complaint (PDF)
  • Temporary Injunction Order Against TransCanada (PDF)
• TransCanada Files Easement Papers, Domina Responds (Washington Post 01/21/15)
• Domina Law Group Sues TransCanada Over KXL Route (Bloomberg 01/16/15)
• District Court Declares Nebraska Pipeline Law Unconstitutional (2/19/14) (PDF)
• Watch the Oral Argument in Thompson v. Heineman
• Watch Landowner Lawsuit Closing Argument on Eminent Domain and KXL
• Landowners File NE Supreme Court Brief (6/23/14) (PDF)

We have carefully researched the legal issues and interplay of federal, state, and local laws regarding whether or not a foreign company whose project will not benefit American citizens can condemn lands in furtherance of its profits, as well as the relationship between federal and state authority over safety and siting regulations.

TransCanada may try to take your land soon. They may ask you for permission to survey your land or they may try to get you to sign an Easement where you sign all your rights away for a one-time nominal payment. Contact us if you want to know more about these issues and how to negotiate for a fair deal and how to protect your land from an oil spill.

There are many issues that must be addressed either through legislative initiative and/or through the courts when evaluating a Pipeline Companies construction project that proposes to traverse multiple states and privately owned land, including:

• Who controls the siting and routing of oil pipelines?
• What bonding requirements are there to address effects of construction?
• What systems are in place for emergency response for spills?
• How will landowners know there are fair compensations for taking their land?
• What can landowners do if they do not want to sell to TransCanada?
• How do value the financial impact of an oil pipeline running under your land?
• Who ultimately bears the liability for spills after TransCanada is back in Alberta?
• What is the reclamation and removal plan?
• How can TransCanada guarantee no spills when removing the pipeline?
• Do I need a pipeline lawyer who understands pipeline law to protect my rights?
• How much money is the pipeline company offering landowners?
• What are oil pipeline companies paying per linear foot?

Watch Brian Jorde and Nebraska landowners on MSNBC's "The Ed Show"

Some of Domina Law's Work Below:

• Formed Landowner Rights Non-profit – Nebraska Easement Action Team, Inc. (N.E.A.T.)
• Appeal From Nebraska Public Service Commission, Appellants Landowner Intervenors’ Opening Brief (10/31/2018)
• Appeal From Nebraska Public Service Commission, Appellants Landowner Intervenors’ Reply Brief (10/31/2018)
• Domina Law Group pc llo issues "Green" Paper on Nebraska's Regulatory Authority over Oil Pipeline, Power to Regulate Land Use, and What Can Nebraska Do regarding Oil Pipeline (10/26/11)
• TransCanada Pipeline Proposed to Cross Nebraska Sandhills & State (10/12/11)
• TransCanada Pipeline Investigation Continues (8/31/11)
• Domina Law Group pc llo Submission on Safety to Department of State (6/6/11)
• TransCanada Additional Details (5/25/11)
• Domina Law Group pc llo Discloses First Report on Keystone XL Pipeline (5/24/11)
• Domina Law Group pc llo Investigates Class Action Against TransCanada Keystone XL Pipeline (5/12/11)

Nebraskans File Lawsuit Challenging Constitutionality of LB 1161 Related to Pipelines

Three Nebraska landowners filed suit in two Nebraska courts challenging a new state law governing routes for crude oil pipelines and the use of eminent domain for pipeline routes across the State. The Nebraska Legislature's 2012 law, LB 1161 gives the Governor a role in route selection and authority to allow a pipeline company to take land from Nebraskans for pipeline operations. Domina Law Group pc llo serves as legal counsel for the landowners.

Timeline of Landowners’ Constitutional Challenge of LB 1161

• February 12, 2015 - Hearing Held on Landowners Motion for Temporary Injunction Preventing TransCanada from Exercising Eminent Domain Powers
• February 4, 2015 - Landowners File Motion for Temporary Injunction Against TransCanada
• January 16, 2015 - Landowners File Two Lawsuits Challenging LB 1161
• January 9, 2015 - Supreme Court Opinion
• September 5, 2014 - Oral Arguments Held in Nebraska Supreme Court
• June 20, 2014 - Landowners file response brief in Nebraska Supreme Court
• February 19, 2014 - Judge's Order - LB1161 Is Declared Unconstitutional -Landowner/Plaintiff Victory
• September 27, 2013 - Trial in District Court on Landowner Lawsuit Defending Constitution and Individual Rights (Televised)
• June 11, 2013 - Judge's Order on Defendants' 2nd Motion to Dismiss (6/11/13) - Landowner Victory
• December 31, 2012 - Court issues Order overruling Attorney General’s Motion to Dismiss the landowners’ lawsuit
• May 23, 2012 - Landowners file initial Complaint against Governor, the DEQ, and the State Treasurer
• July 11, 2012 - State of Nebraska Attorney General’s Office on behalf of the State Defendants files a Motion to Dismiss the landowners’ lawsuit
• March 18, 2013 - Landowners file their Second Amended Complaint Challenging the constitutionality of LB 1161
• March 25, 2013 - Nebraska Attorney General’s Office on behalf of the State Defendants files its Second Motion to Dismiss Landowners’ lawsuit
• May 3, 2013 - All legal briefing and arguments completed regarding the State’s second Motion to Dismiss

The next steps in the lawsuit:

Oral arguments for the TransCanada’s Keystone XL case about the alternative pipeline will be heard by the Nebraska Supreme Court this November.

“The Nebraska Supreme Court issued two orders,” attorney David Domina said in an interview on WNAX Radio. “First, it said that the argument before the Supreme Court will be held the first week in November, so that moves it back a week. And that was for scheduling reasons for the court and the lawyers involved. The second thing that happened is that the court clarified how much time will be allowed for the oral argument, and how it will be used and apportioned.”

Does a Pipeline Company really need a survey of your land?

David Domina and Brian Jorde also cautioned landowners against allowing any entry on their land by TransCanada representatives. "They say all they want is a little look, and will give you $500 or so for the privilege. Then they ask you to provide your social security number. What do you suppose they can learn about you once they have the pass key to information about you that most people would never dream is public!" Dave Domina said.

Brian Jorde added, "Everyone knows that in 2012 it is not necessary for them to walk your farm to decide on the pipeline route. It has been flown, photographed, viewed from space, and scrutinized with soil maps, topography maps and every other kind of resource. The goal is to break down barriers and get landowners to say yes the first time because after that it is so much easier to manipulate someone."

Pipeline News & Updated Trial News

Lawsuit Filed Against Nebraska Department of Environmental Equality

• Nebraska Landowners Sue State Over New Pipeline Law (5/23/12)
• Domina On KLIN Radio to Comment on Pipeline Lawsuit
• Lawsuit Challenges State Attempt to Jump Start KXL (5/23/12)

NE Supreme Court Refuses to Hear Constitutional Challenge

• Nebraska Supreme Court Refuses to Hear Suit Over Governor's Keystone Power (5/31/12)

TransCanada Begins to Offer Landowners More Money

• TransCanada Sweetens Pot (6/17/12)
• OnEarth.Org: Oil Company Relies on "Preacher" to get Land from Farmers (4/15/13)
• Pipeline Opponent: "I Wouldn't Take $5-Million" (5/10/13)
• NEAT Landowner Alliance Still Holding Out - Refusing to Sign TransCanada Easements (12/17/13)
• Nebraska Landowner Turns Down $77k TransCanada Contract (1/15/14)

First Hearing in KXL Suit Before Judge Stacy

• Lawsuit Update (09/14/12)
• Landowner Attorneys Face NE Attorney General in Court (09/15/12)

Judge Stacy Agrees to Hear Challenge to KXL Law

• Judge Stacy Refuses to Toss Challenge to KXL Law (1/1/13)

Environmental Impact of Keystone XL Pipeline

• Falling Oil Sands Profitability Raises Questions about Pipeline (03/31/13)
• Keystone Gambling with Our Future (4/23/13)
• TransCanada Whistleblower Warns Of Shoddy Pipeline Practices (6/11/13)

Anti-Keystone Pipeline Resolution

• Holt County Passes Anti-Keystone Pipeline Resolution (4/30/13)

LB 1161

• LB 1161: A Bad Idea, Poorly Executed (6/5/13)

Keystone 1

• First Pipeline Did Little for Retail Sales Numbers (9/2/13)

State’s Second Attempt to Get Rid of Lawsuit Fails

• KXL Law Challenge Survives Second State Attack (6/12/13)

Keystone Decision Pushed to 2014

• Toronto Star Keystone XL pipeline decision not likely until 2014 (9/3/13)
• Refiners Don't Care if Keystone Gets Built (9/4/13)

Judge Prepares to Hear Arguments

• Judge to hear arguments Friday in Keystone XL pipeline suit (9/25/13)
• Trial Over KXL Law Will Revisit State’s Role in Pipeline Review (9/26/13)
• Nebraska Judge Will Rule Later On Keystone XL Pipeline Lawsuit (9/27/13)
• Fremont Tribune: Judge hears challenge to pipeline siting law (9/27/13)
• Landowners Go to Court Seeking “Reset” on Keystone XL Route (9/28/13)

Judge’s Decision September 2013

• NET / KVNO: Judge's decision may delay Keystone XL pipeline (9/30/13)
  • Hear the KVNO Audio Here
• WNAX Radio (Yankton): Landowners Atty Presents Case In NE Court (10/1/13)
  • Hear the WNAX Audio Here
• (Video) 1011 News: Plaintiffs Will Wait on Decision (9/29/13)

Pipeline Safety and Risks

TransCanada continues to make bold safety claims about the Keystone XL Pipeline as it did about the original Keystone pipeline, its first ever tar sands pipeline:

“Keystone XL Pipeline will be the safest and most advanced pipeline operation in North America.”

Would it not be common sense that any pipeline built today should by definition be safer than a pipeline built yesterday? Doesn’t basic evolution in technology, materials, and safety devices make such a statement obvious? Hopefully, all construction projections are safer than those of yesteryear, but anything that is constructed ultimately fails sooner or later.

Do you suppose that Exxon told the good people of Mayflower, Arkansas that the pipeline they were building 60 years ago was the safest in North America? Of course there were. What about Enbridge tar sands pipeline in Kalamazoo, Michigan – safest in North America when constructed, correct? Well, those safe pipelines have led to more than $1 billion in cleanup efforts, devastated the environment, and wreaked havoc on thousands of people’s health and lives.

In its first year, that pipeline experienced 12 separate spills in the United States – nearly one every month. One of those spills alone released 21,000 gallons of dirty tar sands oil. Between the U.S. and Canada, the original Keystone pipeline had “over 30 spills” in its first year, according to a report by Cornell University’s Global Labor Institute. Since then, the line was temporarily shut down in 2012, a few weeks ago, and just the other day at the time this is being written.

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) previously shut the pipeline down under a Corrective Action Order stating continued operation of the pipeline would be “hazardous to life, property and the environment.” It was the newest pipeline to ever be shut down by PHMSA for being a threat to public safety.

If you have been affected by a pipeline spill, or leak, or accident, call us today at (888) 387-4134 to find out what options are available to you and what compensation is available.

Landowners - Know Your Rights

A new group of landowners has formed to ban together to secure the best easement agreement and terms possible should the pipeline project go through. Click here to learn more about the Nebraska Easement Action Team (NEAT).

TransCanada has been contacting landowners and requesting authorization to enter upon private property and conduct surveys and other tests. You do not need to sign any papers nor do you need to allow them to enter on your land. Further, in the future expect threats in some cases and scare tactics designated to pressure landowners to sign easements when the landowners do not fully understand all of the ramifications both near-term and far. Contact a lawyer if you are being approached with an Easement Agreement and understand your rights. You do not need to sign anything at any time!

You do not have to even talk to TransCanada or respond to any of their inquiries, let alone sign any Easement Agreement. The proposed easement agreements, both temporary and permanent, do not adequately address the real financial and environmental impact that would be caused by the pipeline construction, operation or removal.

If you are a landowner or potentially affected party, you may have legal rights and remedies pursuant to TransCanada’s project. We are telling all of our clients to IGNORE TransCanada's "final" offers. If TransCanada gets approval for the pipeline, and you have not signed an Easement Agreement, ask yourself this question: "Would I be more fairly compensated by a jury made up from among my neighbors, or would TransCanada give me the fairest deal in my individual negotiations with them?" We hope the answer to this is clear to you. Force the best price and terms by holding out and forcing a condemnation proceeding where you actually have a chance.

Do the Figures Tell the Story?
TransCanada and its Early Proposals

• 1. Early information suggests that TransCanada’s buying spree across Nebraska is only at bargain basement prices.
• 2. TransCanada needs to cross about 250 miles of this state with its KeystoneXL Pipeline. At 5,280 feet per mile, times 250 miles, the company expects to have 1,320,000 linear feet of pipeline across Nebraska.
• 3. Recently, the company appears to be offering about $16.00 per linear foot. At this rate to purchase its temporary construction easements, and its permanent pipeline easements, the company would spend $21,120,000.00 to cross the state.
• 4. Now, $21,120,000.00 is a lot of money. But, in a project slated to cost tens of billions of dollars, can anyone really believe this is the company’s final position to Nebraska landowners?
• 5. Imagine the amounts spent by TransCanada to:
  • 5.1. Lobby the United States Congress so much that TransCanada got its pipeline into a bill passed by the House of Representatives.
  • 5.2. Lobby the State Department, and the President, for a Presidential Permit.
  • 5.3. Feed the political machine with contributions to officeholders and office seekers just at the federal level to get the company’s way.
  • 5.4. Lobby the Legislature of:
  • 5.4.1. Alberta;
  • 5.4.2. Saskatchewan;
  • 5.4.3. Montana;
  • 5.4.4. North Dakota;
  • 5.4.5. South Dakota;
  • 5.4.6. Nebraska- including a special session;
  • 5.4.7. Kansas
  • 5.4.8. Oklahoma;
  • 5.4.9. Texas;
• 6. What did it take to persuade the governors in most of the states along the route to want to try to facilitate TransCanada’s construction, instead of protect their own people?
• 7. What did a special legislative session of the Nebraska Legislature cost TransCanada? What did they have to spend to get the special session redone with a last-minute amendment that appears to have duped the Legislature?
• 8. It is unimaginable that TransCanada’s investment in real estate interests in the acquisition of easements across Nebraska could command so little money by comparison to the enormous expenditures to the company in other areas of the pipeline project.

Other Tips Include:

• Do not take phone calls from TransCanada or return them. Silence is the best option at this point. Keep all written correspondence TransCanada sends and keep it organized in chronological order. Have a file and think of it as evidence.
• Do not be seduced into any oral conversation. Force TransCanada to put any and all requests in writing. Record all oral exchanges with TransCanada representatives and contractors in a note taking system or journal including the time of day of the call and who called.
• Ignoring TransCanada is the best option. They have no right to come on to your land. If they do, you can call the local authorities and file trespassing charges against them. If they are on your land without your permission, take photographs if possible to document.