Nebraska governor: The ruling delaying the Keystone XL pipeline needs to be thrown out

posted at 1:21 pm on April 22, 2014 by Erika Johnsen

Earlier this year, a judge in Nebraska basically called a technical foul on the law laying out the administrative process through which the state approved TransCanada’s revised Keystone XL pipeline route proposal, claiming that the law actually violated the state constitution — and unfortunately, the Obama administration’s delayed but all too predictable reaction was to seize on the (for federal purposes, entirely irrelevant) state spat as an excuse to try and delay the pipeline yet again through the midterm elections. Nebraska Gov. Dave Heineman has said he would fight that judge’s ruling, and his administration filed their case with the Nebraska Supreme Court on Monday arguing that the injunction now holding up the pipeline should be straight-up dismissed, via Bloomberg:

Nebraska’s Republican Governor Dave Heineman yesterday asked the state’s top court to throw out a trial judge’s ruling that the pipeline route was approved without proper authority. …

Judge Stephanie Stacy in Lincoln ruled on Feb. 19 that legislation enabling Heineman and TransCanada to bypass the commission when planning the pipeline route violated the state’s constitution.

Stacy erred in allowing a challenge by three property owners to move forward because they hadn’t shown they had been injured as taxpayers by the state’s plan, Heineman, a Republican, said in a filing yesterday with the supreme court.

State Attorney General Jon Bruning, a Republican running to succeed Heineman as governor, argued in the filing that the trial judge set too low a threshold for taxpayers to bring court challenges to state legislation.

Bruning also argued the not all crude oil pipelines qualified as “common carriers” falling under the exclusive jurisdiction of the Public Service Commission.

Unfortunately, even if this case is argued as early as September, that likely still won’t give us a decision until after the midterm elections — and even if it did, the Obama administration would make up some more blather about how they would need even more time to deliberate and factor that decision into their national-interest calculations, blah blah blah.


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Build the damned thing already…

OmahaConservative on April 22, 2014 at 1:28 PM

It’s all about the dough for obama’s libery.

The billionaire enviro-nazzi threatened obama.

obama hates the unions, the US workers, the middle/lower classes.

He only cares about himself.

Canada, give it to the Chinese already. Don’t wait for this oaf.

Landrieu and Begich, may Hell git you, out of DC and in general.

Schadenfreude on April 22, 2014 at 1:31 PM

The Keystone will be approved sometime after 2017 at the soonest, and only if the R’s manage to not screw up the bid for the WH.

D-fusit on April 22, 2014 at 1:31 PM

Fluke the unions, even though the biggest int’l union hates obama on the pipeline.

Schadenfreude on April 22, 2014 at 1:32 PM

I am really going to miss Dave, a conservative man of great integrity. Best governor I can recall in my lifetime, I’d really like to see him go on to national office…

OmahaConservative on April 22, 2014 at 1:34 PM

Build the damned thing already…

OmahaConservative on April 22, 2014 at 1:28 PM

Hey if it weren’t for you all and your silly lawsuit, the rat-eared wonder would have approved it by now! No, really. ;0

Happy Nomad on April 22, 2014 at 1:37 PM

Look, folks, the Keystone pipeline is toast. Just accept it. It’s over. Even if Republicans win the White House in 2016, there are so many liberal bureaucrats entrenched at all levels of government, that they can continue to jam up the gear for years to come. And there’s also a good chance that, by then, the Canadians will have told us to pound sand and piped the oil somewhere else.

I hate to sound defeatist, but I’m growing increasingly skeptical of our ability to do anything to move the needle, short of outright secession or a complete collapse and rebuilding of the nation.

Shump on April 22, 2014 at 1:37 PM

It’s better to ask for forgiveness than permission. Build the Keystone XL pipeline. Create jobs.

Roy Rogers on April 22, 2014 at 1:38 PM

+1 OC

cmsinaz on April 22, 2014 at 1:38 PM

I’m not real confident when Bruning is in charge of things, although I don’t see how he can screw this up..

butch on April 22, 2014 at 1:39 PM

obama hates you, as I always said.

He hates the middle/lower classes.

He hates the US workers.

Schadenfreude on April 22, 2014 at 1:43 PM

I’m not real confident when Bruning is in charge of things, although I don’t see how he can screw this up..

butch on April 22, 2014 at 1:39 PM

Agreed, much as I don’t care for Pete Ricketts I am really leaning toward voting for him…

OmahaConservative on April 22, 2014 at 1:46 PM

Happy Nomad on April 22, 2014 at 1:37 PM

Most everyone I know wants it built, but we have wackadoodles just like every other state…

OmahaConservative on April 22, 2014 at 1:47 PM

Build the damned thing already…

OmahaConservative on April 22, 2014 at 1:28 PM

It’s what I keep saying. The governors of the states through which the pipeline would pass should just go ahead and start work on it.

What’s 0 going to do about it? Send in the BLM SWAT team? Send in the military? Send in a rent-a-mob of unshaven feminazis?

Dare him to.

CurtZHP on April 22, 2014 at 1:50 PM

This is just another face of Federal tyranny.

oscarwilde on April 22, 2014 at 1:53 PM

It might be a factor that the pipeline would help lower the cost of energy in this country so they could not force the $4.00/gal and up as had been planned from the beginning of Obama’s tenure. We are getting pretty close to that now and not one peep from the left about how this is a ploy for the evil oil companies to steal money from the poorest Americans as they had during Bush’s 2nd term.

evie1949 on April 22, 2014 at 1:58 PM

Build the damned thing already… – OmahaConservative on April 22, 2014 at 1:28 PM

Damn right …………… enough already.

SC.Charlie on April 22, 2014 at 2:00 PM

CurtZHP on April 22, 2014 at 1:50 PM

It’s the international issue that allows John “f” Kerry to slide his nose under the tent.

butch on April 22, 2014 at 2:00 PM

Evidently Oprah Winfrey is a lovely human being.

John the Libertarian on April 22, 2014 at 2:02 PM

As a Nebraskan, am I thrilled about this thing coming through my state, probably with some eminent domain involved? No, not really. It’s a NIMBY project, but it’s a necessary one, and like it or not, Nebraska’s in its path.

When it comes to transporting oil, pipelines are by far the least worst option, and all of the junk science thrown out by Bold Nebraska and the other eco-nuts have been smashed to pieces by University of Nebraska scientists, not to mention Obama’s State Department.

The real environmental threat comes from aged infrastructure that’s still in use because environmentalists make it almost impossible to replace it with new. In this case, the oil’s getting extracted regardless, I’d rather it come down here in the pipeline than on thousands of tanker trucks down I-29.

LukeinNE on April 22, 2014 at 2:03 PM

Agreed, much as I don’t care for Pete Ricketts I am really leaning toward voting for him…

OmahaConservative

Ditto.

Most everyone I know wants it built, but we have wackadoodles just like every other state…

OmahaConservative

Again, Ditto! Which is one reason I moved from Lincoln to a rural village. The current mayor in Lincoln is trying to make Lincoln into another Denver from my perspective.

Gothguy on April 22, 2014 at 2:23 PM

It might be a factor that the pipeline would help lower the cost of energy in this country so they could not force the $4.00/gal and up as had been planned from the beginning of Obama’s tenure. We are getting pretty close to that now and not one peep from the left about how this is a ploy for the evil oil companies to steal money from the poorest Americans as they had during Bush’s 2nd term.

evie1949 on April 22, 2014 at 1:58 PM

During Republican administrations the price of gasoline was more or less a running story, updated once a week. Under Barry, not a peep.

slickwillie2001 on April 22, 2014 at 2:23 PM

Bold Nebraska…every liberal’s w*t dream team. All liberal, all kool-aid drinking Obama supporters.

Yep, wackadoodles, as OmahaConservative and LukeinNE have stated.

Gothguy on April 22, 2014 at 2:29 PM

Bold Nebraska…every liberal’s w*t dream team. All liberal, all kool-aid drinking Obama supporters.

Yep, wackadoodles, as OmahaConservative and LukeinNE have stated.

Gothguy on April 22, 2014 at 2:29 PM

With Jane Kleeb out front and center. Lord, can you imagine if the 3rd had been duped into voting her husband into office in 2006?

LukeinNE on April 22, 2014 at 2:40 PM

With Jane Kleeb out front and center. Lord, can you imagine if the 3rd had been duped into voting her husband into office in 2006?

LukeinNE

I shudder at the thought!

Gothguy on April 22, 2014 at 2:43 PM

I shudder at the thought!

Gothguy on April 22, 2014 at 2:43 PM

Dittoes…

OmahaConservative on April 22, 2014 at 2:45 PM

Agreed, much as I don’t care for Pete Ricketts I am really leaning toward voting for him…

OmahaConservative on April 22, 2014 at 1:46 PM

Yeah, I think both Himself and I are leaning that way as well as Sasse for Senate.

Bold Nebraska…every liberal’s w*t dream team. All liberal, all kool-aid drinking Obama supporters.

Yep, wackadoodles, as OmahaConservative and LukeinNE have stated.

Gothguy on April 22, 2014 at 2:29 PM

Add me to the chorus. Every time one of those ninnies opens their mouths I want to scream and start throwing stones at them or something. Has anyone done any serious digging through Kleebold and the others’ backgrounds, see if they have significant money invested in “green” energy? I’d love to see a financial statement or two.

I’d rather it come down here in the pipeline than on thousands of tanker trucks down I-29.

LukeinNE on April 22, 2014 at 2:03 PM

Or zooming through Omaha in BNSF railcars. Was it BNSF or UP that derailed over that little overpass on 20th a few years back? Just toppled off the overpass into the street below. Think the Mercers would be thrilled to have a few oil tankers topple off the 13th St. overpass and catch fire three blocks from the Old Market?

catsandbooks on April 22, 2014 at 3:03 PM

Good to see some fellow huskers. I like Heineman, but it seems no matter who holds the office, there’s never anything resembling a conservative rev0lution.

gmbdds on April 22, 2014 at 3:08 PM

catsandbooks on April 22, 2014 at 3:03 PM

I am a fer sure for Sasse. I really wish Dave could seek another term, I’d vote for him again in a heartbeat…

OmahaConservative on April 22, 2014 at 3:11 PM

Keystone XL will never be built. Obama’s perpetual delay is merely meant to keep the bulk of the oil in the ground while the trickle allowed to flow benefits close “friend” Andrew Carnegie Warren Buffett and his railroad concern.

Steve Eggleston on April 22, 2014 at 3:12 PM

Yeah, I think both Himself and I are leaning that way as well as Sasse for Senate.

Hmmm..apparently I’m the odd man out. I’ve got Dinsdale for Senate and Carlson for governor (family connections, he’s got no chance but he’s a good man).

Or zooming through Omaha in BNSF railcars. Was it BNSF or UP that derailed over that little overpass on 20th a few years back? Just toppled off the overpass into the street below. Think the Mercers would be thrilled to have a few oil tankers topple off the 13th St. overpass and catch fire three blocks from the Old Market? catsandbooks on April 22, 2014 at 3:03 PM

Tell you what, I’ll switch to opposing the pipeline if Bold Nebraska and the NE Democrats agree to assume all liability for any non-pipeline spills within state borders.

Good to see some fellow huskers. I like Heineman, but it seems no matter who holds the office, there’s never anything resembling a conservative rev0lution.
gmbdds on April 22, 2014 at 3:08 PM

Part of it is that our Legislature is nonpartisan. Normally that’s a point of pride for me as a Nebraskan, but the Democrats really exploited that this year and seized most of the chairmanships despite being on the short end of a 19-30 (unofficial) partisan split. I was really dismayed with a lot of what was front and center in the Unicameral this year.

LukeinNE on April 22, 2014 at 3:16 PM

It’s what I keep saying. The governors of the states through which the pipeline would pass should just go ahead and start work on it.

I agree. The marxists in Washington don’t bother with laws and courts. Why should you. Call it state’s rights and build it.

crankyoldlady on April 22, 2014 at 3:22 PM

Wasn’t there just another accident with a tanker yesterday or today.

crankyoldlady on April 22, 2014 at 3:25 PM

I am a fer sure for Sasse. I really wish Dave could seek another term, I’d vote for him again in a heartbeat…

OmahaConservative

The issue I see, OC, is that we do have a really decent crop of conservatives running for the Senate and Governor’s race. I actually like Sasse, Osbourne, Dinsdale, Foley, Ricketts, and McCoy.

As for Bruning, I respect his tenure as AG, but he strikes me as too much of a political opportunist.

Now, if we could just get rid of Ernie Chambers!

Gothguy on April 22, 2014 at 3:34 PM

crankyoldlady on April 22, 2014 at 3:25 PM

No worries—-NTSB is on it…
/

OmahaConservative on April 22, 2014 at 3:34 PM

Bold Nebraska…every liberal’s w*t dream team. All liberal, all kool-aid drinking Obama supporters.

Yep, wackadoodles, as OmahaConservative and LukeinNE have stated.

Gothguy on April 22, 2014 at 2:29 PM

If wackadoodle is the same thing as “village idiot” then show this Husker in agreement too.

JetBlast on April 22, 2014 at 3:36 PM

Now, if we could just get rid of Ernie Chambers!

Gothguy on April 22, 2014 at 3:34 PM

Man, that ain’t no lie. Did you see how he was butting into the Nikko Jenkins verdict?

OmahaConservative on April 22, 2014 at 3:37 PM

Hmmm..apparently I’m the odd man out. I’ve got Dinsdale for Senate and Carlson for governor (family connections, he’s got no chance but he’s a good man)…

LukeinNE

I like both. When I cast my absentee ballot, it was difficult to vote for one candidate over another, but that’s what I wanted, instead of the choosing of the lesser of two evils scenario.

On the local level regarding the unicameral, I voted before for my candidate, but not this year…he turned out to be a complete embarrassment.

Gothguy on April 22, 2014 at 3:40 PM

Man, that ain’t no lie. Did you see how he was butting into the Nikko Jenkins verdict?

OmahaConservative

Not to mention the cougar hunting dealio. He is such an embarrassment and blathering idiot, but, OC, you and I know exactly why he was re-elected to his seat. And his intellectual abilities as a MENSA candidate ain’t one of them.

Gothguy on April 22, 2014 at 3:44 PM

Gothguy on April 22, 2014 at 3:40 PM

Despite the inconvenience, I do my best to vote in person on election day. It’s partly the principle of the matter, as I think voting 6 weeks out is ridiculous, but it’s also worth considering that issues can and do come up and I’d hate cast my ballot early and then regret it before election day even arrives.

LukeinNE on April 22, 2014 at 3:45 PM

Give it to China. It’s only a matter of time before China becomes far more livable than the USA. Even those Chinese out-in-the-open commies care more about their economy and the people than our undercover commie in chief cares about our economy and people.

The Rogue Tomato on April 22, 2014 at 3:48 PM

Gothguy on April 22, 2014 at 3:44 PM

I lived in his district for a while, it drove me crazy that he was supposedly representing me…

OmahaConservative on April 22, 2014 at 3:54 PM

Fellow Husker here living in Lincoln. Have a good friend, ex-co-worker, who went to work at the Capitol. Formerly a libertarian who ended up a hardcore liberal after joining Nordquist’s staff. All I see on her FB page is crap from his office about income inequality and expanding Medicare. Also posted a photo of herself and Ernie Chambers captioned “me and my 2nd favorite senator”. Ugh. And, our mayor and city council are trying to turn us into the Austin of NE. I like my red state the way it is, thank you very much.

KateNE on April 22, 2014 at 3:55 PM

KateNE on April 22, 2014 at 3:55 PM

Wow there are more of us on here than I thought! And yeah, the Lincoln situation is unfortunate but probably inevitable. Between all of the state employees, nonprofits, UNL, and Wesleyan, liberals are immensely over-represented there, and I don’t see it getting better.

LukeinNE on April 22, 2014 at 4:02 PM

KateNE on April 22, 2014 at 3:55 PM

I could never live in Lincoln, and I am afraid it is already a lost cause…

OmahaConservative on April 22, 2014 at 4:07 PM

OmahaConservative on April 22, 2014 at 4:07 PM

I moved to Omaha after graduating from UNL…I’m afraid Lincoln’s going the way of Madison or Austin: 90 square miles surrounded by reality. It’s really hard to keep a city in line when it’s both the capital and the home of the state’s flagship university.

That being said, it’s going to be a fight to hold Omaha as well. The better private to public employee ratio there helps some…I’ve found Stothert to be a substantial disappointment.

LukeinNE on April 22, 2014 at 4:15 PM

LukeinNE on April 22, 2014 at 4:02 PM

OmahaConservative on April 22, 2014 at 4:07 PM

Yeah, I agree we are doomed as it is. I didn’t realize how entrenched liberals were until I started paying better attention to state and local politics. When the city council tried to foist that fairness ordinance on us, they got massive pushback but I don’t know how long something like that will stayed buried.

KateNE on April 22, 2014 at 4:26 PM

Nebraska and Congress needs to work out an end around Obama’s dithering on the project. The time has come to get this project started. Not a word from the labor chief, Trumpka. Need to put the OK to start on a bill the Democrats are pushing would be one way.

Amazingoly on April 22, 2014 at 4:35 PM

Gothguy on April 22, 2014 at 3:44 PM
I lived in his district for a while, it drove me crazy that he was supposedly representing me…

OmahaConservative on April 22, 2014 at 3:54 PM

I knew a white proggie who lived in Ernie’s district. She once told me how much she approved of Ernie’s declaration that he refused to socialize with whites on his private time. Gag me with a spoon!

catsandbooks on April 22, 2014 at 4:38 PM

catsandbooks on April 22, 2014 at 4:38 PM

When we were kids, a black buddy and I went for haircuts at Ernie’s barbershop. He charged me two dollars more for being white…

OmahaConservative on April 22, 2014 at 4:52 PM

effing liberals

ultracon on April 22, 2014 at 5:13 PM

Could you imagine if there were a conservative admin in place for the last five years? With all of these new technologies like fracking etc. for oil & gas?

We could have the XL pipeline and tons of federal land open for drilling, new refineries and export terminals being built.

We could easily be energy self sufficient, and the world’s number 1 producer AND exporter of oil and natural gas.

Then think about what all of that would be doing for GDP, jobs, and our economy. AKA what’s really important.

Oxymoron on April 22, 2014 at 5:32 PM

I think voting 6 weeks out is ridiculous, but it’s also worth considering that issues can and do come up and I’d hate cast my ballot early and then regret it before election day even arrives.

LukeinNE on April 22, 2014 at 3:45 PM

I sent my absentee ballot in from Baghdad 4 weeks ago and it has not been received in Omaha yet. I might need the full 6 weeks.

I shouldn’t complain because what the Iraqis are going to go through to vote next week puts my voting concerns to shame.

JetBlast on April 22, 2014 at 5:44 PM

JetBlast on April 22, 2014 at 5:44 PM

Thanks for your service…

OmahaConservative on April 22, 2014 at 5:51 PM

Despite the inconvenience, I do my best to vote in person on election day. It’s partly the principle of the matter, as I think voting 6 weeks out is ridiculous, but it’s also worth considering that issues can and do come up and I’d hate cast my ballot early and then regret it before election day even arrives.

LukeinNE

I used to also, but since I am a disabled veteran, I choose the absentee ballot.

Gothguy on April 22, 2014 at 6:07 PM

I sent my absentee ballot in from Baghdad 4 weeks ago and it has not been received in Omaha yet. I might need the full 6 weeks.

I shouldn’t complain because what the Iraqis are going to go through to vote next week puts my voting concerns to shame.

JetBlast

As a veteran, I salute your service, JetBlast, and wish you G-d Speed and a safe return!

Gothguy on April 22, 2014 at 6:10 PM

JetBlast on April 22, 2014 at 5:44 PM

Ditto what OmahaConservative said about your service. To be clear, I was referring to Nebraska’s no reason required early voting rules that allow any Tom, Dick or Harry come off the street and vote weeks ahead of the election just because they feel like it. Anyone who is abroad, military, American nationals overseas, etc, have different circumstances that require different standards.

LukeinNE on April 22, 2014 at 6:11 PM

When we were kids, a black buddy and I went for haircuts at Ernie’s barbershop. He charged me two dollars more for being white…

OmahaConservative on April 22, 2014 at 4:52 PM

SHUT. UP. Are you serious? And here I just thought he was just an embarrassing clown. Wow. There’s a lot I don’t know apparently.

KateNE on April 22, 2014 at 6:19 PM

I sent my absentee ballot in from Baghdad 4 weeks ago and it has not been received in Omaha yet. I might need the full 6 weeks.

I shouldn’t complain because what the Iraqis are going to go through to vote next week puts my voting concerns to shame.

JetBlast on April 22, 2014 at 5:44 PM

Thank you from me as well for your service. It amazes me when proggies claim voter ID is racist when we see what those in other countries have to go through in order to vote.

KateNE on April 22, 2014 at 6:22 PM

A judge appointed by a Republican Governor in a Republican State decides to delay approval of the Keystone pipeline so landowners can get a few more dollars out of oil corporations…I blame Obama!

Samsara on April 22, 2014 at 6:57 PM

I live outside of Omaha in western Douglas County. I’m really going to miss Dave when he’s gone. I think I’m going for Ricketts. There’s something skeezy about Bruning that I just don’t like.

Here’s my Ernie story: When I was in a Catholic high school in the late 1980′s, I was on a “Social Justice” Committee (don’t ask – young and stupid to know what they really meant by that). Anyway, I was tasked with calling Ernie to see if he would be on a panel. When I called him and told him why I was calling, he pretty much told me that a rich, white girl has no business doing anything with social justice. I just thanked him for his time.

CommonSensical on April 22, 2014 at 8:21 PM

CommonSensical on April 22, 2014 at 8:21

I haven’t lived in NE my entire adult life and just started paying more attention to local/state issues due to some of the Lincoln progressive stuff going on. I know people who have great respect for Ernie so I’m genuinely surprised they have no problem with someone who is so racially divisive.

KateNE on April 22, 2014 at 8:33 PM

I haven’t lived in NE my entire adult life and just started paying more attention to local/state issues due to some of the Lincoln progressive stuff going on. I know people who have great respect for Ernie so I’m genuinely surprised they have no problem with someone who is so racially divisive.

KateNE on April 22, 2014 at 8:33 PM

I’m really torn on my feelings for his constituents. North O is a crime-riddled mess and all he can do is filibuster about mountain lions. I mean, it’s sad that he can’t be a lawmaker who keeps in mind the needs of his constituents. On the other hand, they keep voting him in so…

CommonSensical on April 22, 2014 at 9:05 PM

…someone do something!

KOOLAID2 on April 22, 2014 at 9:14 PM

I knew a girl who in grade school went to Lincoln on a class trip. They went to the capitol building and up to Ernie Chambers’ office to visit with the senator. She said once they got into his office, he slammed a set of heavy iron shackles onto his desk and berated them all for their ancestors putting black people in chains!

nekodachi on April 22, 2014 at 10:07 PM

I’m told Ernie Chambers is also well known by the Nebraska State Patrol. He speeds like a bat out of hell down the interstate between Lincoln and Omaha, but if pulled over he’ll scream and holler about being pulled over just because of the color of his skin.

nekodachi on April 22, 2014 at 10:14 PM

To be clear, I was referring to Nebraska’s no reason required early voting rules that allow any Tom, Dick or Harry come off the street and vote weeks ahead of the election just because they feel like it. Anyone who is abroad, military, American nationals overseas, etc, have different circumstances that require different standards.

LukeinNE on April 22, 2014 at 6:11 PM

I knew that…thanks.

I also think the early voting has gotten out of hand and only opens the door to voter fraud. Voting should be readily available for everyone that wants to participate. On the other hand people should have to put a little effort into voting so they can have a greater appreciation for the right they are exercising.

JetBlast on April 23, 2014 at 7:21 AM

This guys (heineman)actions and statements gave the Obama regime the cover to shut down the pipeline in the first place. He has been quoted by the regime as proof of the citizens of Nebraskas’ opposition to the pipeline. It must be the year for a gubernatorial election in Nebraska so this squishy is puffing out his chest and talking tough so he can get reelected.

peacenprosperity on April 23, 2014 at 12:55 PM

It must be the year for a gubernatorial election in Nebraska so this squishy is puffing out his chest and talking tough so he can get reelected.

peacenprosperity on April 23, 2014 at 12:55 PM

It is election year for the Governor’s office but Heineman can’t run again due to term limits. 17 State senators are also being forced out do to Nebraska term limits on them as well.

JetBlast on April 23, 2014 at 1:20 PM