Nebraska Supreme Court Approves Keystone XL Route Through the State

The Nebraska Supreme Court has ruled the state’s approval of the route for the Keystone XL Pipeline was done legally and the project may proceed.

The decision released Friday morning was unanimous among the seven justices.

The appeal, heard before the court last fall, was filed by landowners along the proposed route, two Indian tribes and a group of environmental activists.

They argued the judges should throw out the route selected by the state’s Public Service Commission. That path was a compromise advanced by TC Energy, formerly TransCanada, to reduce exposure to the environmentally sensitive Ogallala Aquifer.

In its opinion, the court considered four questions, including whether the company met its burden of proof that the pipeline was secure and necessary. The justices sided with the court on all counts.

Opponents contend the pipeline company presented evidence in support of one route, while the state regulators approved the alternative. Their lawyers also argued the process used by the state was flawed from the start.

“We believe our evidence and arguments clearly showed TransCanada failed to meet its burden of proof and that the very laws under which the route was evaluated are unconstitutional," said Dave Domina, attorney for those opposed to the pipeline, in a news release. "(W)e will respect the Court’s decision and prepare for the next steps,”

Pipeline company TC Energy was joined by the state of Nebraska arguing in support of the project. They claimed the 2017 hearing fairly presented ample evidence the route was safe and sensitive to Native American landmarks.