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Nebraska citizens filed a lawsuit, Thompson v. Heineman, challenging the constitutional basis of LB 1161, Nebraska’s current pipeline siting/route law. The landowners, represented by David Domina, are standing up for citizens across the state who deserve laws that protect Nebraska’s land and water and that honor the state’s constitution.
To contact the legal team, email Brian Jorde or call 402-965-3598. Jane Kleeb can be reached at 402-705-3622 or jane@boldnebraska.org. More press resources and photos of plantiffs below.
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Updates
Thompson v. Heineman: Brief in Opposition to State's 2nd Motion to Dismiss by hefflinger
3/18/2013 : Judge Stacy ruled in the citizens favor allowing our side to ammend the lawsuit to make it crystal clear if our side wins at the full trial, then Gov. Heineman's route (and anything that Obama might do before the case is decided) becomes void. Meaning, the route is far from settled, landowners should not be signing anything with TC (unless you want them to have a lifetime easement that they could turn around and use for a different project) and Congress should back down from any forced approval of the pipeline. This is the second time citizens have won in this case; the first time came when Judge Stacy denied the State of Nebraska's motion to dismiss the case.
1/22/2013 : Gov. Heineman approved the route even though there is an active legal challenge to that authority and route process. Judge Stacy's ruling in favor of the citizens to move forward with the challenge is now posted, click here.
1/3/2013 : HUGE GOOD NEWS. Nebraska judge Stacy just ruled to allow the citizens' lawsuit against LB 1161, the unconstitutional pipeline siting law, to move forward giving a huge victory to citizens. We are unsure if Gov. Heineman will now move with caution on allowing the legally challenged DEQ process to move forward. We will see more on that in the coming days and weeks. The Nebraska DEQ Final Report on the Keystone XL pipeline route and the US State Department Environmental Review will both be released soon.
Action Request: Call Governor Heineman (Phone: 402-471-2244). Ask him to reject this pipeline route and to have the PSC review TransCanada's application. Demand that he stand by his words and keep the pipeline out of the aquifer. Ask him to deny the proposed Keystone XL route and put the power back in the hands of the Public Service Commission (PSC), which has clear rules and regulations for pipelines developed through citizen input. LB 1161 is unconstitutional and the judge is moving the lawsuit forward. Heineman should not continue to operate under this law.
9/14/2012: The first hearing was held with Judge Stephanie Stacy presiding. Judge Stacy was appointed in 2011. The State of Nebraska was asking the judge to dismiss the case on the grounds that the citizens did not have "standing"--meaning from the state's perspective since they were not a pipeline company or a state agency involved that they had no right to bring the case forward. The State also argued that--according to them--the taxpayers were not paying for the study the case should be dismissed. The legal team for the citizens--led by David Domina and Brian Jorde--hit back on the State's claims citing various cases that set precedent for the citizens to bring this claim forward. The State has attempted to make similar arguments in lawsuits since 2004 losing each time. Domina went a step further in his argument saying Plaintiffs could amend their lawsuit to challenge the constitutionality of LB 1161 on the grounds the state has and is illegally advancing credit to a private corporation. This certainly had the State’s lawyers writing notes to each other. Judge Stacy will make a decision on the State’s “Motion to Dismiss” in writing after further study of the arguments, she did not issue a ruling today. We do not have a specific timeframe but expect the decision in thirty days or so. We feel confident in the case and believe the PSC--not the DEQ and Governor--should be routing all oil pipelines, including TransCanada's proposed Keystone XL which right now, because of LB 1161 (and 15 minutes of debate in the Unicameral), is exempt from the PSC rules and regulations. The entire Special Session was devoted to enacting “MOPSA” (Major Oil Pipeline Siting Act) which consists of 13 separate statutes clearly laying out exactly what pipelines must do and what specific criteria the PSC (Public Service Commission) must utilize in its evaluation of a major pipeline route. If the case moves forward, we could be looking at several months before a decision is made on the constitutionality of LB 1161. The decision will certainly have an impact on TransCanada's route in Nebraska, who has authority over common carriers and eminent domain powers.
Background
Press resources and pictures of plantiffs/landowners
Donate to the lawsuit and fund new landowner ads
LB 1161 bill, this is what is being challenged by lawsuit
TransCanada’s controversial pipeline permit application is being processed under LB 1161, which became law in April—reversing many rules and regulations passed during the historic Special Session last November.
LB 1161 gives the Nebraska Department of Environmental Quality authority to review pipeline routes, and ultimately tasks Governor Heineman with approving a pipeline route and granting the pipeline company immediate eminent domain authority without having to wait for federal permits to be issued for the project.
Critical steps and information for a transparent environmental assessment process was eliminated with LB 1161 giving Nebraska land to a foreign country though eminent domain with insufficient review or oversight.
The lawsuit, Thompson v. Heineman, has four main areas:
• LB 1161 unconstitutionally delegates authority of a common carrier to the Nebraska DEQ when common carriers are assigned already by Nebraska’s constitution to the Public Service Commission.
• LB 1161 violates separation of powers because it fails to provide for judicial review.
• LB 1161 violates separation of powers because it unlawfully delegates to the governor the decision to permit the exercise of eminent domain without adequate and definite standards required to meet constitutional requirement for due process.
• LB 1161 constitutes special legislation for a single company and not persons in general which violates the Nebraska state constitution.
Landowner Quotes
Randy Thompson: “As a Nebraska landowner and taxpaying citizen I have decided to challenge the validity of Nebraska legislation LB 1161, which was just recently signed into law. I have made this decision because I feel it is not in the best interest of Nebraska, nor the citizens of Nebraska, to have our legislators crafting special legislation to meet the specific demands of an individual corporation. I am also strongly opposed to the eminent domain provisions of this bill, which, as written, would allow a foreign corporation to condemn Nebraska properties prior to having a permit to construct their project within our borders.”
Suz Luebbe: “I believe very strongly in our rights as Nebraska citizens. All of us take it extremely personally when we are threatened with eminent domain. The elected officials of Nebraska should remember that their loyalties should be with Nebraskans first, U.S citizens second, and foreigners last. I owe it to the past, present, and future generations to pursue this action upon our Governor and State Senators to enact common sense laws that are also constitutional.”
Susan Dunavan: "I became involved in this case because our native prairie grassland that we have spent over 30 years protecting is being threatened by a foreign pipeline. I am also here to be a voice for future generations. Since 2009 I have attended meetings and hearings about the pipeline. I have written my concerns to State and Federal Officials, Senators, Congressmen and bureaucrats only to have my voice unheard. The Nebraska State Motto is "Equality Before the Law." Our Legislature and Governor gave special favors to a foreign corporation but did not listen to their own Nebraska constituents. Now we need to go to court to protect the rights to due process which landowners and citizens would lose from this law that improperly delegates eminent domain authority to the Governor."
Press Contacts: Brian Jorde and David Domina, 402-493-4100, BJorde@dominalaw.com / Jane Kleeb, 402-705-3622
Photos and Graphics: Photos and graphics can be used for press use only. Please give photo credits to the photographer listed on each photo and to Bold Nebraska. Graphic credit goes to Justin Kemerling. If higher res versions are needed, please contact jane@boldnebraska.org.
Citizens v Pipeline Graphics
Randy Thompson Photos
Suz Luebbe Photos
Susan Dunavan Photos
Lawsuit: Link to lawsuit text filed with court.
Comments
May 23rd 2012
DUANE A.RUH - Thank you Randy, Suz, and Susan. We support you.
May 23rd 2012
Susan Dietsche - Thank you for standing up with us, the people in Montana who are trying to protect our water and property rights! Keep up the good fight, make sure to let your Senators know that we do NOT want Keystone as a provision in the "jobs bill" that the Republicans are trying to throw in. Never stop fighting!!
May 23rd 2012
Scott - You people need to stop being selfish, pull your heads out of the sand and embrace the opportunity for this pipeline to create a lot of jobs for the area (or are you going to refute that as well). P.S. I am a Nebraska constituent also! My opinion counts just as much as yours.
May 23rd 2012
Kathy Tibbits in Oklahoma - Good luck, Plaintiffs. Its time to cast about for viable energy alternatives and save a drop or two for the grandkids. Don't let selfish egotists use up every last resource when there are oceans and rivers and suns and winds full of power that can and should be turned-to, NOW. Scott, thejobs will come as we retool to free energy and institutionalize more sophisticated designs that don't involve burning up the planet.
May 23rd 2012
Holy county girl - I cannot put into words my vehement opposition to this pipeline. For all those that post on here about how we are being ignorant in our lack of support for the pipeline I want you to read this comment, truly absorb what I am about to say. How would you like a massive pipeline dug in your back yard? Would you care about job estimates? Would you take some money and run only to be reminded about how ignorant you were being when a volcano of oil chases you out of your land now rendered useless? Yes you might call our actions selfish however selfish is all a relative term here as we are also protecting our water for future generations. I appreciate all the effort that has been put into terminating this project. Nebraskans deserve better than this!!!!!!
May 23rd 2012
JoAnn Veburg - Aw, come on Randy, Suz and Susan! Poor TransCanada is just practicing good marketing tactics. (lol)! Great marketing sells a product fast. This one they are trying to sell just a little too fast! Thanks for seeing this for what it is and taking a stand for Nebraskans like myself! When our judicial system goes through the steps to condemn our ground, why are we paying our taxes on the current assessed rate and after this dirty tar sand oil comes through, with leaks and all the other problems that we know will happen, our land really will be condemned. I'm with you all the way!
May 23rd 2012
Shirley Condon - It appears that there are still a few who believe the "thousands of jobs" myth. No amount of temporary jobs are worth the risk allowing a foreign corporation to put a pipeline full of toxic oil into our water table. Thanks Randy, Suz, and Susan for standing up for our rights as landowners when our own elected officials are clearly against us.
May 24th 2012
@BoxerDave - My understanding of the history & spirit of emminent domain laws is that such laws are triggered only rarely & generally with the public's interest in mind (like a public works project) but NOT with a for-profit entity's interests in mind. Thankfully, citizens are challenging the legality of LB 1161. There are many of us around the country who not only want Nebraska's ranchers' interests protected (because of our taste for Nebraska beef), but also because we have seen the beauty of Nebraska's prairies and realize that that natural & national treasure must be protected. LB 1161 is a shameless power grab by the governor. That it favors a foreign company is salt on the wound.
May 24th 2012
Jackie Kilmurry - I stand with Randy, Suz & Susan!! Thank you for doing this to protect our land and water. I'm with you all the way!
May 24th 2012
Jose Lopez - This is what happens when the people we put in charge turn Greedy, and think they can do what ever they want, the greed in this country has gone from bad to worse, The courts, and both political party's are to blame, The Republicans start it and the Democrats follow them, It just goes to show, The only ones their looking out for are Special Interest and their own greedy self's. Lets kick them all out in Nov.?
May 24th 2012
Brent Groce - Thanks to folks who are standing their ground and asking for common sense consideration of such large projects. That politicians are so "responsive" to corporations is mind boggling and disappointing. We need to get money OUT and people's interest IN to governing this country!
May 24th 2012
suz luebbe - No, thank you all for standing up and standing out with us. Everyone is a hero that cares about our land and our water. Lots of prayers that Dave and Brian will prevail.
June 12th 2012
John Stallone - I can't believe you people opposed to this pipeline. You will rue the day you opposed it. I hope you like buying things from China because the oil if not sold and shipped to our country's Gulf Region will be shipped to China and in a few years we will be begging the Chinese to sell the oil to the U.S. But don't worry you will have solar and wind to power millions of homes, railroads, airplanes, military, and all the idustrial plants. You people are somewhere "over the rainbow" and someday when reality sets in it will be too late.
August 24th 2012
Duane Hovorka - Thank you all for standing up against corporate greed and short-sighted policies that would endanger our natural resources. I admire your courage! Clean energy is Nebraska's future, and respect for our land and our landowners is central to a civil society.
December 2nd 2012
Donnie - The people who say jobs will be created with this pipeline. That is true. It will be Canadian jobs that will be created. There will be about 105 jobs available to the American people and the rest will be held by Canadian citizens. Look it up. Also, the oil that they will be refining from the dirty tar sands is slated to be sold to China and Mexico. None of it is slated to be sold in the United States. So, they want to use our land and refineries, but they do not want to sell to us or help us. If they can use imminent domain to take land for a pipeline. We should be able to use imminent domain to make a road from the US to Alaska with no Canadian checkpoints. It's only fair.