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Nebraska Courts hold up XL Pipeline

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Nebraska court date pushes final Keystone XL decision past the midterms



By Juliet Eilperin July 9 

The Nebraska Supreme Court will not hear a challenge to the Keystone XL pipeline's route until September, thereby delaying a final decision until after the fall elections.

The Nebraska Supreme Court will announce as soon as Thursday that it will hear oral arguments in the case over the Keystone XL pipeline's route in early September, effectively postponing any final federal decision on the controversial project until after the midterm elections.

In April, the State Department announced that it would not issue a determination on whether the pipeline was in the nation's interest until Nebraska resolved whether the project's path through the state complied with state law. A group of landowners is challenging the decision by Nebraska Gov. Dave Heineman (R) to sign legislation designed to speed the project by approving its route and letting the company use the power of eminent domain in negotiating right of way for the project.

Court officials confirmed Monday that it will hear arguments in the case, Thompson v. Heineman, in the first week of September. Under that schedule, a final ruling would not come out until October at the earliest, though it could take some months longer than that.

A administration official familiar with the State Department's decision-making process, speaking on the condition of anonymity to discuss internal deliberations, said it is "highly unlikely that a decision will be made before the mid-term election" given the court's schedule.

"This is not because of politics. It’s just a reflection of the gravity of this decision," the official said. "It doesn’t make sense to have the agencies give us their best opinion on whether or not the Keystone pipeline should go forward if the information on which they base it changes dramatically, and it’s entirely possible the Nebraska Supreme Court could require a change in the route and nullify the opinions given to the Secretary of State about this project."
 
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