York and Polk County landowners and citizens have organized themselves into a new group called The Good Life Alliance. Their goal is to stop the pipeline and along the way they want to pull together with other Nebraskans to get in place common sense zoning regulations, oil spill response plans and resolutions on tarsands pipelines near our water supplies.

Bold Nebraska and our partner groups like the Farmers Union and NEAT are proud of citizens taking action to get the proper regulations in place. Elected officials should welcome the new energy happening in county courthouse up and down the proposed pipeline route.

The lawsuit challenging the constitutionality of the Keystone XL pipeline route in Nebraska is moving forward with a decision by Lancaster County District Court Judge Stephanie Stacy.

Three landowners sued Governor Heineman and the State of Nebraska in 2012 arguing LB 1161 violated the Nebraska State Constitution that makes it clear common carriers are regulated by the Public Service Commission. LB 1161 took that authority away from the PSC and instead gave the Department of Environmental Quality, an arm of the Governor's office, authority to review the route and gave Gov. Heineman exclusive authority to approve a pipeline route thus giving TransCanada immediate eminent domain powers. LB 1161 further violates the state's constitution by offering no due process for eminent domain or an avenue to challenge the routing process.

"TransCanada and some of our elected officials like Lee Terry continue to say everything is fine in Nebraska and that everyone is fine with the route, our citizen lawsuit was filed to ensure they are held accountable for an unconstitutional law and a flawed routing process," said Randy Thompson, Nebraska landowner and plaintiff.

The lawsuit is on firm ground and was strengthened this week with Judge Stacy's ruling. The State of Nebraska, through Attn. Gen. Bruning, attempted to have the case dismissed two separate times with the citizens winning each challenge.

Judge Stacy also allowed the citizens' request to add an additional claim to the lawsuit arguing if Governor Heineman acted under an unconstitutional law then any acts flowing from Governor's approval of the Keystone XL route are also unconstitutional. This means, if the citizens win the lawsuit, the route and eminent domain process for TransCanada are thrown out and TransCanada must go through the PSC to get their route approved and they don't have eminent domain powers in Nebraska until the PSC process is completed and PSC approval occurs.

"A foreign corporation should not be able to write new rules for their project in our state," said Susan Dunavan, landowner and plaintiff. "We have faith in the judicial branch of our government will side with our state's constitution and ensure the laws we put forth protect our basic property rights and due process."

There is a July 19th Court Hearing at 3pm in Lincoln where a schedule for the trial will be determined.

Bold Nebraska maintains a website with updates on the lawsuit including the recent ruling from Judge Stacy at: http://boldnebraska.org/lawsuit

Additional Information at Domina Law Group: http://www.dominalaw.com/transcanada

This is the second blog from landowner Julia Trigg Crawford down in Texas. She is writing about the risky construction of Keystone. Read her first diary here. Bold will re-post her writings on our site. Please help spread the word.

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Editors Note: Julia Trigg Crawford is a landowner in Texas that many of us Pipeline Fighters know and respect. Her land, passed thru generations, is being torn up by TransCanada--a foreign corporation who thinks its perfectly acceptable to use eminent domain on American landowners for private gain. The men and women who founded our country never intended for land that is worked every day to feed fellow Americans to be risked by a foreign corporation. Bold Nebraska stands with Julia Trigg as she stands tall against the risky and unwanted TransCanada Keystone XL pipeline. We will post updates from Julia Trigg as she posts them on Facebook. Her court case over eminent domain is ongoing. TransCanada in Texas right now is pulling up to 70 pieces of faulty/dented pipe. American landowners' rights should always trump foreign tarsands. -jane kleeb

From Julia Trigg Crawford, you can support her lawsuit against TransCanada at her Stand Tall site (designed by the talented Justin Kemerling):

Most mornings here on the farm begin the same. The sunlight sneaks through my northern-facing window as the dogs begins to stir, signaling the start of the day. As I look out toward the fields, I view a vast sea of crops, a rich contrast of textures and colors. The bearded wheat is turning gold now, just a few days away from harvest. Nearby, lush young corn waves its vibrant green leaves in the wind. Last week we planted soybeans on the dryland corners, and soon a lighter shade of green will join the palette. Up on the hill the old windmill churns as it always has with its groans and squeaks. Just a bunch of rusted metal, but to me it is alive and the gears spin a tune that soothes my soul. These familiar sights and sounds of the farm have become a comfort to me. But my world has changed and a chill of uncertainty looms heavy in the air. Things are very different now as I look to the south across the pasture, and what I witness is crushing.

Despite my best efforts, TransCanada's heavy machinery has rolled in, bringing the rumble of a foreign industry to invade my family's farm. The beeping and clanking of metal has begun, gut-wrenching noises that will continue throughout the day. Gaping holes have been dug, leaving mountains of red earth to make way for the monster 36-inch diameter blue-green pipe that will become the Keystone XL. I've watched this happen to others along the line, and sadly now it's my turn. With the ripping and tearing of the land my heart feels the same pain, and I search for the answer to the question many of us ask: “What can I do to make this all stop?”

Three years ago when I moved here to take over as the farm manager, I wasn't looking for a fight. I came to the family farm for the quiet life. I knew nothing about tar sands, eminent domain, or TransCanada. But then the Keystone XL pipeline literally landed in my backyard. Once I learned the facts about what this pipeline really meant for our land, I knew the risks far outweighed the rewards. In the event of a spill, no amount of money could compensate for the loss of the water and land that sustain us. But TransCanada told us we had no choice and condemned our land, so we decided to fight. Little did we know in the tiny community of Direct (with a population of about 70), the stand I decided to take for my family would eventually play out on a national stage.

Together look at what we've been able to do-

In this oil-rich state, Texans for the first time have had the courage to stand up against not only this pipeline, but also Big Oil and the deep pocketed groups that represent it. Brave folks like Eleanor Fairchild and David Daniel have stood their ground. Thanks to the support of thousands from around the world, we have been able to continue to wage a legal battle against TransCanada. We have exposed the process in Texas that allows a private corporation to steal your land so easily, while our elected officials turn a blind eye. Collectively, we have all held steadfast to our principles. In spite of TransCanada's empty promises of jobs and energy independence, we have created a different dialogue around clean air, water and land, the real building blocks to a sustainable economy.

"Lee Terry's bill is a pipeline to nowhere, highlighting his poor record of leadership and shows where his loyalties lie -- with Big Oil lobbyists and foreign pipeline companies," said Jane Kleeb, executive director of Bold Nebraska. "Not only has the President promised to veto this irresponsible bill and is therefore a waste of taxpayer dollars, it's a slap in the face to landowners' property rights. Not a single study of a worst case scenario tarsands spill in the Aquifer, our rivers or families wells has been conducted yet Rep. Terry stands with binders full of reports that leave out the basic answers to what a tarsands spill will do to property values, our water and our Ag economy.”

The White House recently denied an invitation from Nebraska farmers and ranchers for a "Beer and Beef Summit" to show President Obama the livelihoods and water that are at-risk with the Keystone XL pipeline.

The White House rejected the invitation on the grounds they were not taking any meetings on the pipeline. Bold Nebraska was therefore surprised the President is meeting with staff at Ellicott Dredges a company that just testified in Congress in support of Keystone XL and makes equipment that creates the tailing ponds, which are massive bodies of polluted water and a by-product of the tarsands mining process.

In addition to the 13,004 public comments we submitted on behalf of Nebraskans and the over 1 million comments nationwide submitted, state-based groups came together to submit a detailed response to the State Department on why we oppose the Keystone XL pipeline--the route, the map of the Sandhills, emergency response plans, landowner rights, spill liability, concerns about our water and economic risks to rural farmers and ranchers are all detailed in our submission to the State Department including how the DEQ changed the region of the Sandhills on their own website to cover-up the real Sandhills and give TransCanada political cover for a risky route.

View the full PDF of our submission to the State Department.

Update, 4/23: You can watch the hearing in full at the NET Nebraska site (our NPR affiliate) they taped everyone's testimony.

Please share this 2 minute recap video of the hearing produced by 350.org: http://youtu.be/cXKJgTn5iN8

Developing Story: The tarsands spill on Saturday in Arkansas forced families to evacutae their homes. At first Exxon denied it was tarsands, tried to say its no worse than other oil. Enbridge tried this same lie in Michigan and we all know how that turned out ($1 billion later and still not cleaned up 2 years later).

This Exxon pipeline that burst and kept spewing tarsands and benzene for 45 minutes in Arkansas is a snapshot of what could happen in Fullerton or any of the small towns along the proposed TransCanada route. Here are two articles, we will post more as press and citizens report on this risk and no reward...

http://www.huffingtonpost.com/2013/03/31/arkansas-oil-spill-2013-exxon_n_2986754.html

http://www.rawstory.com/rs/2013/03/30/arkansas-residents-evacuate-as-exxon-mobil-tar-sands-pipeline-ruptures/

More than the Easter bunny is hopping our way! Updates on landowner rights, State Dept. hearing, the citizen lawsuit and timing of the decision by Pres. Obama are in this blog post. We still need you write letters to President Obama. It is the old-school, handwritten letters that get the attention of our elected leaders. The President told Republicans he knows this pipeline creates 35 long-term jobs and is an export pipeline. Which if course then asks the question, how again is this in our national interest? Why are we risking water and property rights? Keep up the pressure pipeline fighters!

Donate to help support the activities for the hearing!