On Dec. 27, Nebraska landowners challenging TransCanada’s permit application seeking the power of eminent domain to build the Keystone XL pipeline through the state filed an appeal (embedded below) of the Nebraska Public Service Commission’s decision to approve the “Mainline Alternative” pipeline route.
The filing from landowners’ attorneys with Domina Law Group triggers a process that will begin with the creation of a full record and transcript of the Nebraska PSC intervenor hearings and legal proceedings, which is scheduled to be completed by Feb. 14th. Landowners’ attorneys submitted their opening brief to the Nebraska Supreme Court in the case in April, and TransCanada will file a reply brief in May before Oral Arguments are expected to be heard in the fall of 2018.
Should the Nebraska Supreme Court side with landowners, the Public Service Commission’s route approval will be tossed out, and TransCanada would have to reapply for a route permit in Nebraska through the PSC (where the KXL route was approved on a contested 3-2 vote). Two seats of Commissioners who voted “yes” on the pipeline are also up in this year’s election.
The court’s appeal schedule will then proceed as follows:
- Dec. 27th: Landowners file Notice of Appeal
- Feb. 14: Delivery of PSC intervenor process record & transcript
- April 13th: Landowners’ Opening Brief due
- May 13th: TransCanada’s Reply Brief due
- ~Fall of 2018: Expected scheduling of Oral Arguments
