In suit, landowners opposed to Keystone XL say pipeline routing must start over

Source: Omaha World Herald

By Paul Hammel

LINCOLN — Landowners opposed to the controversial Keystone XL pipeline raised a new legal argument Monday, claiming that a Canadian pipeline firm failed to take a required “first step” before winning approval of an alternative route across the state last year.

TransCanada also didn’t seek approval from the Nebraska Public Service Commission for routes other than its “preferred” route, according to a legal brief filed on behalf of about 60 landowners.

Lawyers David Domina and Brian Jorde quoted Shakespeare — “things sweet to taste prove in digestion sour” — in arguing that either way, routing for the much-delayed crude oil pipeline needs to start over. That could delay the $8 billion project by at least another year.

“TransCanada cannot keep what it did not seek,” the lawyers said. “The indigestion set in for TransCanada immediately after the (Public Service Commission) decision of November 20.”

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