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POSTED: October 27, 2011, 12:42 PM

Legal Memos Outline State's Role in Pipeline Regulation

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New legal memos from Alan Peterson and David Domina outline the state's role in regulating oil pipelines. These memos were drafted in response to state senators' concerns about the constitutionality of passing state-based regulations. They outline the particulars of what a state can and cannot do to regulate oil pipelines.

Peterson Memo

Domina Memo

October 28th 2011

Gene Sengstake - It is obvious that the State of Nebraska has the authority to exercise control over the placement of the Keystone XL pipeline in Nebraska. In a conscientious world there would be no pipeline - period - but the reality is - that is probably not going to happen. Nebraska legislators must act ASAP in special session - and with due diligence - to pass the legislation necessary to at least prevent the construction of the pipeline through the sandhills and the Ogallala aquifer. There is not enough that can be said about the tar sands dirty oil with respect to the habitat destruction/pollution that is happening right now - and the inevitable pipeline disasters/leaks that will never be able to be “totally cleaned up”. If the pipeline cannot be stopped - it must absolutely be rerouted - whatever it takes - and whatever the cost - - -

October 28th 2011

Mike Nikolas - The easiest way to get this pipeline rerouted would be to change the laws regarding Eminent Domain. Simply change the law to require the Entity doing the TAKING to pay a premium of several times the appraised value of the property or easement being sought. All of a sudden rerouting around Nebraska becomes the most economic path. Eminent Domain laws were enacted for the protection of the property owner but have been chipped away at over the years by the large special interest groups. Its time for the pendulum of justice to swing back to individual property rights..

October 28th 2011

Tracy Straka Thompson - It is time to represent Nebraskans like Nebraskans of North Central Nebraska have requested loud and clear. Please set up legal zoning laws, eminent domain laws that actually legally protect landowners not foreign countries and hazerdous chemical heated crude oil intended for foreign countries use. Please protect our citizens, land, drinking water, our lives and livelihood depend on you and the laws created in this special session. God Bless, Tracy Thompson