The Nebraska Supreme Court ruled Friday against landowners challenging Keystone XL pipeline route through the state.
Nebraska’s highest court, in a split decision, threw out a lower-court ruling that had found a 2012 state law on pipeline oversight unconstitutional. The law passed by the state legislature gave Nebraska’s governor the power to review and approve certain major pipelines, including Keystone XL. The judges sided with Nebraska’s former Republican governor, Dave Heineman, in a ruling that said the state law must remain in place because a required supermajority of the court wasn’t prepared to strike it down.
The ruling appeared to be the end of the case in a challenge brought by landowners. Four of the court’s seven judges concluded the state pipeline law was unconstitutional, but state law requires five judges, or a supermajority, to reach that conclusion. Three judges on the court thought the landowners lacked standing to bring their case.
“The citizens cannot get a binding decision from this court. Although we have four judges who conclude that (the law) is unconstitutional, we do not have five judges voting on the constitutionality of this enactment. Accordingly, we vacate the district court’s judgment,” the Nebraska court said.
Resolution of the state case could clear the way for the Obama administration to complete a State Department review of the proposed pipeline in Nebraska.
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