Source:
Omaha World HeraldBy Paul Hammel
UPDATE: The top officer of the Nebraska Legislature is now saying that because of the legal risks, state lawmakers should not hold a special session next month to deal with the controversial Keystone XL pipeline.
State Sen. Mike Flood of Norfolk, the speaker of the Legislature and a lawyer, released a legal analysis Wednesday stating any law that senators could pass this fall to divert the contentious pipeline around Nebraska's groundwater-rich Sand Hills would leave the state vulnerable to an expensive lawsuit.
In particular, Flood said, a proposed bill for the special session, the Oil Pipeline Siting Act, would risk violating the federal Interstate Commerce Clause by requiring a new state regulatory review after a three-year federal analysis is near its end.
The legal analysis is sure to put a damper on efforts to call a special session, which would require the consent of 33 senators or action by Gov. Dave Heineman, who has consistently cited legal concerns in opposing such a session.
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http://www.omaha.com/article/20111019/NEWS01/710199946/0#safety-steps-may-head-off-pipeline