In the days following the Nebraska Supreme Court's indecision that was a decision, Brian Jorde says that the ball is now in TransCanada's court.
"If we've come this far you've got to go all the way," said Brian Jorde in an interview on KMTV.
Jorde explained that last Friday, when Nebraska landowners were hoping for an "unconstitutional" ruling on LB 1161, three judges sat the decision out, making it impossible for the landowners' suit to be successful. Jorde said that he had never seen something like this in the history of Nebraska.
What does this mean? Essentially, Nebraska's high court just "punted it down the road for another day," explained Jorde.
Four of the seven total Supreme Court justices found LB 1161 unconstitutional. Three justices sat the decision out. Because landowners needed to get five affirmative votes for an unconstitutional ruling and came up short, TransCanada now has two options – go to the Public Service Commission (an option that has been available all along) or continue to try getting the remaining Nebraska landowners to sign easement agreements. TransCanada admitted to the latter.
Jorde explained that he most often meets two types of landowners: those who want the best deal possible if they are forced to have KXL running through their backyard, and those who don't want the pipeline at all.
What Domina Law Group wants and what they are advocating for is a constitutional law.
Watch the complete segment on KMTV below -