Keystone XL pipeline lawsuit now in Nebraska court's hands

A Nebraska law intended to clear a path for the Keystone XL pipeline now rests with the state's Supreme Court.

The court heard arguments Friday in a lawsuit brought by three landowners who oppose the project.

Dave Domina, an attorney for the landowners, says the 2012 law violated the Nebraska constitution by allowing Republican Gov. Dave Heineman to approve it. Heineman supports the project.

Domina says the responsibility should fall to the Nebraska Public Service Commission, a 5-member elected board that regulates "common carriers," such as railroads. Domina says the commission has due-process safeguards to protect landowners whose property could be seized.

Deputy attorney general Katherine Spohn says the public had ample opportunity to challenge the pipeline through public hearings, and landowners still have protections if eminent domain is used.