Domina Law issues “Green” Paper on Nebraska's Regulatory Authority over Oil Pipeline, Power to Regulate Land Use, and What Can N

After careful study, we conclude Nebraska can regulate its own land use. Federal safety regulations preempt how the pipeline must be built, but Nebraska has the right to control, reasonably and responsibly, where it must be built. Pipeline safety is federally preempted but oil pipeline siting is not. Unlike the federal government’s control of pipeline safety, the United States lacks authority to regulate, prescribe, or proscribe sites or routes for proposed pipelines, even if they are interstate lines.

Though Nebraska has the power to regulate locations at which pipelines will be placed, it has not exercised this power. Nebraska is without a statute designing how a proposed route submitted for approval is to be handled. Simply, Nebraska has no statute pertaining to any permitting requirements that apply specifically to construction or operation of oil pipelines. Read Entire Paper Here