Domina Law Group attorney David Domina recently filed a brief to the Nebraska Supreme Court arguing that the regulatory agency violated the law by approving the Keystone XL pipeline’s alternative route.
“The governing statute permits one application for one route at a time, not a smorgasbord from which the PSC can choose,” Domina wrote in the brief submitted to the Nebraska Supreme Court.
According to Domina, the Nebraska Public Service Commission should have simply voted yes or no on the preferred path of the pipeline during the approval process. Instead, it voted 3-2 in favor of approving the alternate route which was not submitted for a vote.
Domina has been arguing that the Keystone XL pipeline would be a threat to public interest due to the risk of spills that could contaminate groundwater and surrounding soil. In addition to these dangers, he is arguing that granting a private company the right to use eminent domain to secure the private land it desires is unconstitutional. In the brief, Domina listed 12 different errors from the attorney general’s defense of the Commission’s vote. The court will likely make its ruling on this case sometime this fall.
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