Immediate Release
Contact:
Brian
Jorde and David Domina, 402-493-4100, BJorde@dominalaw.com
Lawsuit Challenging Nebraska’s Pipeline Route Process: Citizens Sue State Over Unconstitutional Law
Lincoln, NE – Citizens today filed a lawsuit, Thompson v. Heineman, in Nebraska district court challenging the constitutional basis of LB 1161, Nebraska’s current pipeline siting 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.
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.”
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."
Susan 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 Nebraskan’s 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.”
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