Nebraska is the only state that got one last shot at testifying in hopes of changing some of the major flaws in the State Department's environmental review and some of our concerns are now in the revised report. Bold Nebraska lists these concerns in a blog, click here to read areas we got changed in the EIS. Click here to read a blog about the water risks in the EIS including family wells.
The public has 30 days, until March 7th 2014, to comment on the EIS, click here to submit a comment.
Sec. Kerry is also taking 90 days to gather information from other federal agencies on the “National Interest” Determination. After those 90 days (ending April 27) Sec. Kerry can take as much time he wants before he submits a recommendation to Pres. Obama. There is also an active lawsuit on the route process in Nebraska which could delay the final decision.
Dave Domina, the lead attorney for NEAT, wrote a memo to all NEAT landowners on the concerns in the EIS, below is the memo.
The NEAT board also passed a resolution which will be sent to the members of the Nebraska Legislature, Sec. Kerry and Pres. Obama on behalf of landowners.
Resolution: TransCanada Must Prove Its Citizenship with Truthfulness
Nebraska Easement Action Team
Board of Directors
Feb. 12, 2014
Resolved By The Board of Directors of Nebraska Easement Action Team That:
There is substantial evidence TransCanada Keystone XL LLP, the applicant for a Presidential Permit to cross the U.S. -Canadian border with a pipeline proposed to be built to transport primarily tar sands oil from Canada to the Gulf Coast, across the breadth of the United States, including the breath of the State of Nebraska, has engaged in false, misleading dealings with Nebraska landowners across whose land TransCanada seeks Easement Deeds, in one or more of these ways:
1. TransCanada has concealed, or refused to answer why it will not build the Keystone XL pipeline in the same location where its existing pipeline across Nebraska is situated.
2. TransCanada has refused to disclose whether, when, to whom, or under what circumstances it might sell the Keystone XL pipeline, thus depriving Nebraska landowners of information about the true identity of the company that will, in the future, own and control an easement dissecting the property of Nebraska landowners.
3. TransCanada has misrepresented the risks to property owners of spills and other actions affecting operations of the pipeline by refusing to modify its easements are to provide absolute indemnification against all losses or claims, and all expenses arising from losses or claims related to pipeline operations, oil spills or releases, operational failures, or any other aspects of pipeline operations, except those arising from intentional, willful acts of landowners.
4. TransCanada has proposed to use a subterfuge known as a "Side Letter Agreement" to be maintained in confidence and not disclosed by landowners. The letter sets forth TransCanada's plan to try to avoid the need for a Presidential Permit and get its way by avoiding the legal processes of the United States.
5. TransCanada has represented that its "last and final" offered terms have been made when, in fact, this has repeatedly proven to be untrue.
6. TransCanada has threatened persons with litigation or other adverse consequences unless its easements are signed.
7. TransCanada has a threatened to withdraw bonuses allegedly offered to make early signing decisions, though it has no authority to build the pipeline because no Presidential Permit has been issued.
8. TransCanada has promised to consider changes in route, terms, or circumstances for the pipeline for individual landowners, and led them to believe such changes would be made while disguising the fact that the physical circumstances of the pipeline, its purposes, structure, physical configuration, and approved route did not allow it, and it has done so to gain advantage in negotiations.
9. TransCanada has concealed its intention to abandon the pipeline in the ground at the end of its useful life and is not disclosed the projected cost to remove the pipeline. An expense that will be left to the landowner.
10. TransCanada has refused to negotiate for annual compensation for use of its easement deeds, although the plan is for the pipeline to generate monthly revenues while simultaneously limiting the right of Nebraska property owners to use their farmland and ranch land to make an annual income.
Therefore, Be It Resolved that:
1. An immediate investigation be conducted by State and Federal authorities to determine the extent to which the foregoing acts and omissions have occurred.
2. The Legislature of the State of Nebraska rescind all authority for TransCanada to exercise the power of eminent domain in Nebraska under any circumstances.
3. Any legislation in the State of Nebraska authorizing any for profit, private company to exercise the power of eminent domain for any purpose other than the delivery of utility services, such as electricity, water, telephone, or other services to Nebraska consumer's and ratepayers, be expressly conditioned on the requirement that no taking may occur for any compensation other than annual compensation adjusted over time, payable annually, and payable based upon the revenues generated by the use to which the taken property is placed, plus its initial fair market value at the time of the initial taking as an easement.
4. The President of the United States be encouraged to refrain from issuing a presidential permit to TransCanada for the reason that, in addition to all other reasons unrelated to the conduct of TransCanada to Nebraska landowners, the President give due consideration to the fact that TransCanada has not proven itself to be a worthy, responsible, fit or trustworthy neighbor or business partner because of the manner in which it is dealt with Nebraska property owners.
The public has 30 days, until March 7th 2014, to comment on the EIS, click here to submit a comment.
Sec. Kerry is also taking 90 days to gather information from other federal agencies on the “National Interest” Determination. After those 90 days (ending April 27) Sec. Kerry can take as much time he wants before he submits a recommendation to Pres. Obama. There is also an active lawsuit on the route process in Nebraska which could delay the final decision.
Dave Domina, the lead attorney for NEAT, wrote a memo to all NEAT landowners on the concerns in the EIS, below is the memo.
The NEAT board also passed a resolution which will be sent to the members of the Nebraska Legislature, Sec. Kerry and Pres. Obama on behalf of landowners.
Resolution: TransCanada Must Prove Its Citizenship with Truthfulness
Nebraska Easement Action Team
Board of Directors
Feb. 12, 2014
Resolved By The Board of Directors of Nebraska Easement Action Team That:
There is substantial evidence TransCanada Keystone XL LLP, the applicant for a Presidential Permit to cross the U.S. -Canadian border with a pipeline proposed to be built to transport primarily tar sands oil from Canada to the Gulf Coast, across the breadth of the United States, including the breath of the State of Nebraska, has engaged in false, misleading dealings with Nebraska landowners across whose land TransCanada seeks Easement Deeds, in one or more of these ways:
1. TransCanada has concealed, or refused to answer why it will not build the Keystone XL pipeline in the same location where its existing pipeline across Nebraska is situated.
2. TransCanada has refused to disclose whether, when, to whom, or under what circumstances it might sell the Keystone XL pipeline, thus depriving Nebraska landowners of information about the true identity of the company that will, in the future, own and control an easement dissecting the property of Nebraska landowners.
3. TransCanada has misrepresented the risks to property owners of spills and other actions affecting operations of the pipeline by refusing to modify its easements are to provide absolute indemnification against all losses or claims, and all expenses arising from losses or claims related to pipeline operations, oil spills or releases, operational failures, or any other aspects of pipeline operations, except those arising from intentional, willful acts of landowners.
4. TransCanada has proposed to use a subterfuge known as a "Side Letter Agreement" to be maintained in confidence and not disclosed by landowners. The letter sets forth TransCanada's plan to try to avoid the need for a Presidential Permit and get its way by avoiding the legal processes of the United States.
5. TransCanada has represented that its "last and final" offered terms have been made when, in fact, this has repeatedly proven to be untrue.
6. TransCanada has threatened persons with litigation or other adverse consequences unless its easements are signed.
7. TransCanada has a threatened to withdraw bonuses allegedly offered to make early signing decisions, though it has no authority to build the pipeline because no Presidential Permit has been issued.
8. TransCanada has promised to consider changes in route, terms, or circumstances for the pipeline for individual landowners, and led them to believe such changes would be made while disguising the fact that the physical circumstances of the pipeline, its purposes, structure, physical configuration, and approved route did not allow it, and it has done so to gain advantage in negotiations.
9. TransCanada has concealed its intention to abandon the pipeline in the ground at the end of its useful life and is not disclosed the projected cost to remove the pipeline. An expense that will be left to the landowner.
10. TransCanada has refused to negotiate for annual compensation for use of its easement deeds, although the plan is for the pipeline to generate monthly revenues while simultaneously limiting the right of Nebraska property owners to use their farmland and ranch land to make an annual income.
Therefore, Be It Resolved that:
1. An immediate investigation be conducted by State and Federal authorities to determine the extent to which the foregoing acts and omissions have occurred.
2. The Legislature of the State of Nebraska rescind all authority for TransCanada to exercise the power of eminent domain in Nebraska under any circumstances.
3. Any legislation in the State of Nebraska authorizing any for profit, private company to exercise the power of eminent domain for any purpose other than the delivery of utility services, such as electricity, water, telephone, or other services to Nebraska consumer's and ratepayers, be expressly conditioned on the requirement that no taking may occur for any compensation other than annual compensation adjusted over time, payable annually, and payable based upon the revenues generated by the use to which the taken property is placed, plus its initial fair market value at the time of the initial taking as an easement.
4. The President of the United States be encouraged to refrain from issuing a presidential permit to TransCanada for the reason that, in addition to all other reasons unrelated to the conduct of TransCanada to Nebraska landowners, the President give due consideration to the fact that TransCanada has not proven itself to be a worthy, responsible, fit or trustworthy neighbor or business partner because of the manner in which it is dealt with Nebraska property owners.
