Thompson, et al. v. Heineman

Case Updates

The Nebraska Supreme Court allowed the state’s pipeline routing statute, L.B. 1161, to stand. Three of the Nebraska Supreme Court’s seven judges concluded the plaintiffs lacked standing to bring the case because they did not prove the proposed oil pipeline will run across their land and, on that basis, refused to address the underlying issues relating to whether L.B. 1161 violates the Nebraska Constitution. As a result, even though the other four justices held L.B. 1161 violated the state Constitution, the plaintiffs could not satisfy a provision of the Nebraska Constitution which requires that five members of the state’s highest court concur before a statute is invalidated pursuant to the state Constitution.

The U.S. Chamber, joined by several of Nebraska trade associations and local and national labor unions, filed a motion for leave to file an amicus brief with the Nebraska Supreme Court, to address whether a Nebraska statute for routing the Keystone pipeline violates the Nebraska Constitution by impermissibly divesting the Nebraska Public Service Commission of control over the routing decisions of oil pipelines. The coalition explained in the motion that a decision in the case will have a long-term impact on the businesses and workers in Nebraska and throughout the country. The Nebraska Supreme Court denied the motion for leave to file an amicus brief.

The U.S. Chamber filed this brief jointly with the Nebraska Chamber of Commerce & Industry, Omaha Federation of Labor-AFL-CIO, Nebraska Rural Electric Association, Associated General Contractors-Nebraska Chapter, Associated General Contractors-Nebraska Building Chapter, Nebraska Petroleum Marketers & Convenience Store Association, and National Federation of Independent Business.

Thomas H. Dahlk and D. David DeWald of Kutak Rock LLP served as co-counsel for the amici with the U.S. Chamber of Commerce.