Keystone Pipeline: Nebraska Bill Gets First Round Approval

LINCOLN, Neb. (AP) — A bill that would let Nebraska resume its environmental study of the proposed Keystone XL pipeline won first-round approval from lawmakers Thursday, while critics warned that the state was exposing itself to a legal challenge.

Lawmakers voted 35-2 on the measure that would allow the stalled review to proceed. President Barack Obama rejected a federal permit for the project in January, but pipeline developer TransCanada has said it will reapply.

The Calgary-based company agreed to submit to a Nebraska state environmental review in November, in the midst of a special session aimed at the Canada-to-Texas oil pipeline. Environmentalists and landowners had protested the Keystone XL pipeline's original path through Nebraska's environmentally sensitive Sandhills region and the Ogallala Aquifer, a massive groundwater supply.

But the state environmental review was halted in January, when Obama denied the permit after congressional Republicans tried to force his quick approval. During part of his energy tour last week, the president announced that he would push to develop the southern leg of the pipeline from Oklahoma to Texas.

The full 1,700-mile, $7 billion pipeline would travel from Canada through Montana, South Dakota, Nebraska, Kansas, Oklahoma and Texas. TransCanada Corp. wants to build the 36-inch pipeline to carry oil from tar sands in Alberta to refineries on the Texas Gulf Coast.

The Keystone XL project gained international attention last year, when environmentalists and some landowners pushed the Obama administration to halt the pipeline. Environmentalists say the pipeline still threatens Nebraska's water and wildlife, and they dispute company claims that it will create tens of thousands of U.S. jobs and reduce the nation's dependence on oil from hostile foreign nations.

The Nebraska bill would require a review by the Department of Environmental Quality and final approval from the governor before a company could use eminent domain to claim land for the project. The state recommendations would get aired in public hearings. The legislation also would require TransCanada to reimburse the state for the cost of its environmental study if the company does not apply for a federal permit or opts not to use the study.

The review is expected to cost as much as $2 million. Department of Environmental Quality spokesman Jim Bunstock said the state has spent $153,000 since November, but halted its work after the federal permit was denied.

Malcolm Sen. Ken Haar, an outspoken pipeline opponent, said the bill would open the state to a court challenge. Haar said the bill qualified as unconstitutional special legislation that could apply only to TransCanada. He said TransCanada was "a victim of its own machinations" by pressuring Congress to try to force the president's approval.

Pipeline supporters said the measure would help preserve a compromise brokered in November that would have allowed the project to proceed.

"I think this is the right thing to do for the state of Nebraska," Ogallala Sen. Ken Schilz said. "I think it's the right thing to do for our nation, and I believe this gives everyone the same opportunities to bring a pipeline to and through the state of Nebraska. It's important that Nebraska keep its word."

Speaker of the Legislature Mike Flood said lawmakers will need to make further changes to the bill before it receives full approval to ensure that it would not only be open to TransCanada. Such a law could face a court challenge, which would cost the state more money and muddy an already complicated situation.

"Congress made some decisions that in many ways derailed what we agreed to do in November" during the special session, Flood said. "I don't have any ideas off the top of my head as to what this bill should look like at the end of the day. But I do think the concerns presented by Sen. Haar have to be ferreted out carefully."

The bill requires two more votes in the Legislature before it goes to Gov. Dave Heineman.

__

The bill is LB1161.

Comments

[Eilbet]

12:02 PM on 04/04/2012

While I don't care for the idea of this thing running over such an important supply of fresh water and would rather not see it built at all. A simple question has been nagging at me for some time. If this is such a great idea, creating jobs, providing us with a wealth of additional supply (really?) then why aren't we building this thing ourselves, maintaining it ourselves and charging TransCanada and anyone else, to use it?

[artleads]

12:36 PM on 04/01/2012

And the whole matter could be resolved if we just have a moratorium on new pipelines, while we consider what the point of this fossil-dependent rat race we're in is all about.

[Dr Scott]

10:05 AM on 03/31/2012

There are a lot of troubling issues with the pipeline.
One that I would like cleared up is what Canadians think if this project? I get that oil companies will pay for the crude with refined gas and fuel oil, just as they do now, but don't Canadians want all these jobs the pipeline is supposed to create? Are we to become Canada's "Mexico?"
Second, the use of eminent domain to acquire the land for the pipeline seems so 19th Century to me. We should really stop using that statute. If the Pipeline is to go through, Keystone should have to negotiate with each and every land owner individually or pick a different route. That's really the only fair way to do it. I don't want the government taking away somebody's family farm in my name just to line the pockets of big oil.
Third, I get my water from the Oglala and I want to make damn sure that this pipeline does not affect my water supply. Trams-Canada should be forced to operate the pipeline as though a spill is imminent. They should be required by contract to maintain a trillion-dollar insurance policy to be used in the event of a spill or other accident.

[Aladdin Sane1]

11:07 PM on 04/01/2012

"Third, I get my water from the Oglala and I want to make damn sure that this pipeline does not affect my water supply."

The facts are depressing; you're too late.

The Keystone pipeline already exists, already crosses the Ogallala Aquifer, and has already spilled.

This map shows the existing Keystone, and proposed Keystone XL, pipeline:

http://www.dirtyoilsands.org/images/uploads/NRDC-KeystoneXLmap-687x1019.png

This Infographic shows the 12 spills of current Keystone, over a 12 month period, including one over the Ogallala Aquifer in August, 2010:

http://www.huffingtonpost.com/2011/08/29/keystone-pipeline-infographic_n_941069.html

"The Ogallala Aquifer, also known as the High Plains Aquifer, is a vast yet shallow underground water table aquifer located beneath the Great Plains in the United States. One of the world's largest aquifers, it covers an area of approximately 174,000 mi² (450,000 km²) in portions of the eight states of South Dakota, Nebraska, Wyoming, Colorado, Kansas, Oklahoma, New Mexico, and Texas. It was named in 1898 by N.H. Darton from its type locality near the town of Ogallala, Nebraska.

About 27 percent of the irrigated land in the United States overlies this aquifer system, which yields about 30 percent of the nation's ground water used for irrigation. In addition, the aquifer system provides drinking water to 82 percent of the people who live within the aquifer boundary."

http://en.wikipedia.org/wiki/Ogallala_Aquifer

http://en.wikipedia.org/wiki/Keystone_Pipeline

[Aladdin Sane1]

11:41 PM on 04/01/2012

"Second, the use of eminent domain to acquire the land for the pipeline seems so 19th Century to me."

Recent rulings on eminent domain:

http://en.wikipedia.org/wiki/Eminent_domain#Constitution

"The Supreme Court's decision in Kelo v. City of New London, 545 U.S. 469 (2005) affirmed the authority of New London, Connecticut, to take non-blighted private property by eminent domain, and then transfer it for a dollar a year to a private developer solely for the purpose of increasing municipal revenues. ... The Supreme Courts of Illinois, Michigan (County of Wayne v. Hathcock (2004)), Ohio (Norwood, Ohio v. Horney (2006)), Oklahoma, and South Carolina have recently ruled to disallow such takings under their state constitutions.

The redevelopment in New London, the subject of the Kelo decision, proved to be a failure and as of early 2010 (…) nothing has been built on the taken land in spite of the expenditure of over $80 million .…The facility was subsequently purchased in 2010 for just $55 million by General Dynamics Electric Boat."

http://en.wikipedia.org/wiki/Eminent_domain#Bush_executive_order

"In June 23, 2006, the first anniversary of the Kelo decision (see above), President George W. Bush issued Executive Order 13406 which stated in Section I that the federal government must limit its use of taking private property for "public use" with "just compensation", …[S]tating that it may not be used "for the purpose of advancing the economic interest of private parties …". …"

[Gebby]

09:30 AM on 03/31/2012

The XL pipeline will not be built. Or if it is it will not transport tar sands. Global warming from burning Carbon is real. burning carbon will stop in the next decade and oil companies will become relics. This pipeline is rejected by the Nebraska governor. The majority of Nebraskans dont want it. Those that promote the xl pipeline but have no skin in the game are just identifying with the republicans like it is a football team. Win, win. When their team tells them AGW ( man made global warming) is real they will believe it. But not until their team leaders tell them what to believe. People that accept other peoples ideas as their own are slaves. Slaves to the XL pipeline.

[artleads]

12:44 PM on 04/01/2012

Time to stop the fossil-dependent rat race. Nobody ever talks about whether we need the rat race or nor, whether rat races are generally good things or not.

I think America, like the planet, is exhausted and needs a rest. How can we power down and become more self-sufficient, more restful, or more reflective?

[Mailman]

08:55 AM on 03/31/2012

Save our country, built the Keystone XL Pipeline.

[g9]

03:38 PM on 03/31/2012

What part of our country do you want to save for the "big oil company"
How about the air &the water within 100 miles of the refinery...
How about the land &water along the pipeline that not might leak but WHEN it leaks.
Can we afford the health issues that will occur downwind of the factory..
...fact Canada does not want to refine this toxic mess ...
So they are sending it to their Mexico ( Texas ) ..
Then the cleaned oil will go the our friends in China...leaving only the toxins in Texas..

[Mailman]

07:20 PM on 03/31/2012

The whole country.

[heikhali]

07:19 AM on 03/31/2012

The Keystone XL Pipeline is a major objective of the New World Order, to drain all of the oil from Mexico, Canada, and the US into one pipeline dispensing at one harbor on the Gulf. This makes joining the 3 countries as one, as an interim step to one world government under the Vatican much more convenient. Short-term, there will be more construction jobs. Long-term, jobs with other pipelines, trucking petroleum, refinery jobs, etc., will be lost, so fewer people, overall will have work. The enviroment will suffer major damage, oh, and Americans will have taken another big step toward bringing on their own tyrannical government. I suggest that the Keystone XL Pipleline be laid to rest, now.

[kayatz3]

04:40 AM on 03/31/2012

For all those in favor of ruining our natural resources, here's a question for you. Would you rather pay $5.00 per gallon of gas, OR $25.00 per gallon of WATER???? Because once the water is contaminated, game over. You cannot drink gas, or bathe in it, or use it to cook, or to put out a fire. Humans can last a long time without food, but without water, it's a matter of a few days until you die. And since the republicons want to privitize everything, they get the commons, or water, and cut you off, or charge you whatever they want. If you can't afford it, oh well,.... there's a way to force those "death panels" to become a reality.

[Conspiracy2Riot]

09:38 AM on 03/31/2012

truly. it's going to be interesting to see big agriculture fight to get clean water after big energy contaminates it all. so there's the food issue for the 'little people' as well.

the arrogance of man, living at the top of the food chain and never thinking what happens when all those eco systems that support his life collapse?

[kayatz3]

02:43 AM on 04/02/2012

Thank you, and had to fan you for this reply, conspiracy2riot....
I hope many others see this and think about it.

[ffx theforce]

08:58 PM on 03/30/2012

You go Nebraska!

Kick Obama all the way back to Washington!

That clown is destroying our nation and needs to be kicked in the pants every day from now until November.

[realityCheckInTheMail]

06:16 PM on 03/30/2012

Go KXL go!

[Kurfco]

05:49 PM on 03/30/2012

Oh no, what will the anti Keystone XL people do if Nebraska, the state everyone is so concerned about (LOL), decides they can approve the pipeline?

[Conspiracy2Riot]

09:39 AM on 03/31/2012

i'd like to think 'all options are on the table'.

[Robobrewer]

10:02 PM on 03/31/2012

How many dollars per gallon are folks in the Midwest willing to pay for water when the pipeline ruptures, like all of them tend to do at some point?
Also, when only a fraction of the proposed jobs actually come to fruition will folks like you even notice or care?

[csuciadams]

12:55 PM on 03/30/2012

Save our Planet! Kill Keystone XL!