Domina Law Group has filed a motion for rehearing over a recent ruling by the Nebraska Supreme Court that validated an alternative route for the Keystone XL pipeline across the state.
Our firm is currently representing landowners who oppose the pipeline, and maintain the Nebraska Public Service Commission lacked authority to approve an alternative route which crosses through Nebraska.
As Domina Law Attorney Brian Jorde tells the Omaha World-Herald in an article about the reconsideration request, pipeline developer TC Energy (formerly TransCanada) previously agreed in federal court in Montana in January that the Canadian energy company only applied for one route across Nebraska – the “preferred route” – and that the NE Public Service Commission (PSC) did not have power to choose or authorize any alternative routes.
TC Energy’s preferred “mainline alternative route” was approved by the Nebraska Public Service Commission in November 2017. It has been Domina Law’s position that the PSC’s approval violated the law – as the agency should have voted either yes or no on the preferred path during the approval process, and not an alternative route which was not submitted for a vote by the energy company.
As Brian Jorde tells the Omaha World-Herald, the state’s Supreme Court should reconsider its recent ruling upholding PSC’s alternative route approval because statements made by a TC energy attorney were contrary to arguments made by TC Energy in the Nebraska case. He also told the Omaha World-Herald that Domina Law had offered TC Energy an opportunity to jointly present the new information to the Nebraska Court, but was turned down.
TC Energy has publicly stated the company’s alternative route was provided as an option, and that the PSC was tasked with choosing the best one.
Domina Law Group will continue its fight on behalf of Nebraska landowners to oppose the Keystone XL pipeline, as it is our position the PSC’s alternative route approval was in fact unconstitutional.
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