Keystone XL Dealt a Setback in Court—But Not from the Usual Suspects

The lawsuit comes from three private landowners who successfully sued to prevent their properties from being seized so that TransCanada can lay their pipeline—turns out the state Legislature was in too much of a rush in 2012 to approve the project.

2 minute read

February 21, 2014, 10:00 AM PST

By Irvin Dawid


Missteps can be traced to the state's approval of a route two years ago that would bypass "the ecologically sensitive Sand Hills area where the Ogallala Aquifer is located," writes Alison Sider and Alicia Mundy.

Lancaster County District Court Judge Stephanie Stacy sided with three landowners who argued Nebraska's governor shouldn't be able to sign off on the pipeline's route. The governor, Republican Dave Heineman,, was handed that power in a law the state Legislature hastily passed in 2012. But the court ruled that under the state's constitution, only Nebraska's Public Service Commission could approve such a pipeline route.

Attorney Dave Domina, representing the landowners, did not hide his glee.

"TransCanada has no approved route in Nebraska. TransCanada is not authorized to condemn the property against Nebraska landowners," he said. "The pipeline project is at a standstill."

In addition to appealing the decision, which Nebraska Attorney General Jon Bruning indicated he would do, the obvious next step would be for TransCanada Corp., the company building Keystone XL, to file an application with the Public Service Commission. It hasn't.

On another Keystone front, NPR's White House correspondent, Scott Horsleyreports on President Obama's meeting with Canadian Prime Minister Stephen Harper on Feb. 19. Horsley indicates that Obama remains noncommittal and emphasized his concern about climate change. 

"Mr. Obama said he wouldn’t accommodate Canada’s demands for a quick decision on whether to grant a presidential permit for the Keystone project, and added climate change would be a key consideration in the final decision," wrote the Wall Street Journal's Paul Vieira in the Canada Real Time blog. 

Thursday, February 20, 2014 in The Wall Street Journal - U.S.

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Concrete Brutalism building with slanted walls and light visible through an atrium.

What ‘The Brutalist’ Teaches Us About Modern Cities

How architecture and urban landscapes reflect the trauma and dysfunction of the post-war experience.

February 28, 2025 - Justin Hollander

Complete Street

‘Complete Streets’ Webpage Deleted in Federal Purge

Basic resources and information on building bike lanes and sidewalks, formerly housed on the government’s Complete Streets website, are now gone.

February 27, 2025 - Streetsblog USA

Green electric Volkswagen van against a beach backdrop.

The VW Bus is Back — Now as an Electric Minivan

Volkswagen’s ID. Buzz reimagines its iconic Bus as a fully electric minivan, blending retro design with modern technology, a 231-mile range, and practical versatility to offer a stylish yet functional EV for the future.

March 3, 2025 - ABC 7 Eyewitness News

View of mountains with large shrubs in foreground in Altadena, California.

Healing Through Parks: Altadena’s Path to Recovery After the Eaton Fire

In the wake of the Eaton Fire, Altadena is uniting to restore Loma Alta Park, creating a renewed space for recreation, community gathering, and resilience.

2 hours ago - Pasadena NOw

Aerial view of single-family homes with swimming pools in San Diego, California.

San Diego to Rescind Multi-Unit ADU Rule

The city wants to close a loophole that allowed developers to build apartment buildings on single-family lots as ADUs.

4 hours ago - Axios

Close-up of row of electric cars plugged into chargers at outdoor station.

Electric Vehicles for All? Study Finds Disparities in Access and Incentives

A new UCLA study finds that while California has made progress in electric vehicle adoption, disadvantaged communities remain underserved in EV incentives, ownership, and charging access, requiring targeted policy changes to advance equity.

March 9 - UCLA Luskin Center for Innovation