Landowners challenge Nebraska's pipeline review law
OMAHA, Neb. (AP) _ Opponents of a Canadian crude oil pipeline have made good on their threat to challenge Nebraska's new pipeline siting law in court.
The lawsuit filed Wednesday by several Nebraska landowners along TransCanada's proposed pipeline route argues that the law outlining the review process is unconstitutional.
The pipeline opponents say the law doesn't allow for judicial review and doesn't spell out what criteria should be considered when a proposed pipeline is being evaluated.
The lawsuit challenges the authority of the DEQ to handle the environmental review, rather than the Public Service Commission, which normally regulates oil pipelines.
Gov. Dave Heineman has final say in approving the new path. Opponents say the law allows the governor to grant TransCanada immediate authority to take peopleï¿½s land through condemnation, or eminent domain, without having to wait for federal permits and without adequate due process.
TransCanada's proposed Keystone XL project is designed to carry oil from Canada across Nebraska and five other states to Gulf Coast refineries.
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