NEBRASKA AGAIN AT CENTRE OF LONG- RUNNING KEYSTONE XL PIPELINE DEBATE

Nebraska is again at the centre of the political debate over the Keystone XL pipeline as TransCanada asks the U. S. State Department to pause its review of the proposal while it works with state officials to secure its preferred route. The request marks the latest turn in the battle between Nebraska landowners who oppose the pipeline and its developer. Some answers to key questions about the situation:

WHAT’S BEHIND THE DEVELOPER’S LATEST MOVE? The move by TransCanada comes as President Barack Obama’s administration appears increasingly likely to reject the pipeline permit application before leaving office in January 2017. If granted, the company’s request could delay any decision until the next president takes office, potentially leaving the fate of the controversial project in the hands of a more supportive Republican administration.

TransCanada denied political motivation drove its decision.

HOW DID THIS ISSUE EMERGE? Opposition to the pipeline within Nebraska ballooned in 2011 amid concerns the initial route would cross the Sandhills, a region of grass- covered sand dunes with wetlands, and the Ogallala aquifer, which provides water to farms and ranches throughout the Plains.

Former Gov. Dave Heineman convened a special legislative session in late 2011 to pass new pipeline regulations. Lawmakers eventually created an application process through the Nebraska Public Service Commission that requires applicants to show their projects serve the public’s interest.

TransCanada also agreed to move the route.

The following year, a Nebraska lawmaker pushed through legislation that allowed TransCanada to win approval by submitting a review to the Nebraska Department of Environmental Quality, an agency overseen by the governor. Heineman approved the pipeline route in 2013.

HAS NEBRASKA OPPOSITION STOPPED THE PIPELINE? No, but by repeatedly challenging the project in court, opponents have managed to delay it for years and keep the issue in the national spotlight. TransCanada last month said it was changing strategy and would reapply for route approval through the Nebraska Public Service Commission, as pipeline opponents had hoped.

Lawsuits filed by the opponents had thrown into the doubt whether the law that allows governors to approve pipelines is constitutional. Without that law, the pipeline route approved by Heineman would become invalid.

WHY IS OPPOSITION STRONGEST IN NEBRASKA, OF ALL PLACES? Despite vocal opposition in Nebraska, the state’s political leaders generally support the project. Last year, 34 state lawmakers — more than two- thirds of the legislature — signed a letter urging Obama to approve the project, but opponents are wellorganized. Leading the charge is Bold Nebraska, a group formed in 2010 with a grant from a wealthy Democratic philanthropist in Omaha.

WHAT HAPPENS NOW? Pipeline supporters and opponents have switched roles, in a sense. For years, pipeline opponents asked officials to postpone the project. Now TransCanada is calling for a pause while opponents urge Obama to quickly deny the company’s request for a presidential permit.

Pausing the federal review for the Nebraska Public Service Commission would delay the final decision another seven to 12 months, at a minimum. The commission’s decision can also be appealed in the state courts, creating more delays.