Despite the State Department report issued earlier this month that claimed that the Keystone XL pipeline would have a negligible impact on carbon in the atmosphere, the president still sounds like a man who is reluctant to approve it. Here’s what he had to say yesterday, while meeting with Canada’s Prime Minister Stephen Harper at the North American Leaders Summit:
“Frankly it has to affect all of our decisions at this stage, because the science is irrefutable,” Obama said. “We are already seeing severe weather patterns increase. It has consequences for our businesses, for our jobs, for our families, for safety and security. It has the potential of displacing people in ways that we cannot currently fully anticipate.”
It’s possible that the president has been granted a reprieve of sorts from a judge in Nebraska who made a momentous ruling that a law that allowed the governor to approve the pipeline was unconstitutional and his approval was therefore “null and void.”
The overturned bill had amended two existing Nebraska laws that required that all major oil pipelines seek approval of the PSC Commission, so it created an alternative method for approval of oil pipelines that applied to any projects proposed after November 2011.
But the court said that the law unlawfully took the control of pipeline routing decisions for common carriers away from the utility regulator.
“Whether the PSC’s restriction of power is temporary or permanent is contingent on whether the Governor approves, or disproves, the pipeline route,” the court said. “If the Governor approves the route, the PSC has been divested permanently of authority over the location of that oil pipeline route.”
Beyond usurping PSC’s authority, the law unlawfully gave the governor the power to bestow eminent domain and violated the separation of powers “by permitting action to occur without judicial review.” The judge also ruled the funding mechanism for an environmental study also violated the state Constitution.
It sounds like there isn’t a simple solution to the problem created by this ruling. In any case, there may not be a timely solution. The environmental study may have to be done again. The utility regulator might be willing to approve the project, but how does the eminent domain issue get resolved? I’m not a lawyer and the article leaves out many important details, but I’m guessing that this is going to delay the project, perhaps for a substantial period of time.
It’s my understanding that the State Department delayed beginning their review until after Nebraska had taken care (they thought) of their business. They could put the brakes on their 90-day review, or the president could simply take a wait-and-see attitude.
I honestly cannot figure out if the president intends to give the thumbs-up to the pipeline, but I know he’ll take heat for it no matter what he does.
On the Hill, lawmakers said they were still reviewing the decision but Sens. John Hoeven (R-N.D) and Heidi Heitkamp (D-N.D.) said they believed the decision shouldn’t delay the project.
“…We recognize that Nebraska has to work through its process on this very important energy project for America,” Hoeven said in a statement. “We believe, however, that the environmental concerns in Nebraska, and in every other state through which the pipeline will pass, have been addressed.”Heitkamp said she hoped the state PSC would approve the project.
“This process has gone on way too long,” she said. “I’ll continue to push for this pipeline which is in our national security, energy, and economic interests.”Nebraska Republican Rep. Lee Terry was also displeased with the court’s decision.
“This is a terrible decision,” he said, adding “I’m confident that this decision will be overturned. However, let me be very clear — this decision does not impede President Obama from doing the right thing after five years of delays and signing the permits to build the Keystone XL Pipeline.”
The people at Bold Nebraska do not believe that the environmental concerns have been addressed. Nor do I.
However, I can’t imagine that all that wealth (pdf) will be kept in the ground. If that’s the battle you’re hoping to win, you need to find another battle.
