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Nebraska Supreme Court Says No to Keystone XL Case

May 31, 2012
(Lincoln Journal Star)

The Nebraska Supreme Court has declined to hear a case challenging the constitutionality of action in the 2012 legislative session involving the Keystone XL pipeline.

That means pipeline opponents will turn to a companion lawsuit filed last week as a back-up plan in Lancaster County District Court.

The same coalition of landowners and environmental-advocacy organizations had asked the Supreme Court to use its powers of original jurisdiction to rule on a new state law.

What began as LB1161 puts the Nebraska Department of Environmental Quality in charge of a review of an alternative route for the pipeline around the Sandhills. Plaintiffs contend that responsibility lies with the Nebraska Public Service Commission.

"Application to commence original action denied," said the court in a one-sentence reply issued Wednesday.