Trial Practice. Not Just Talk.
This document prepared exclusively in the USA
FOR IMMEDIATE RELEASE: Response to TransCanada’s February 24, 2014, “Updated Statement” OMAHA, Neb. – February 24, 2014
TransCanada’s comments released this morning demonstrate a deeply rooted misperception of the legal environment in Nebraska. Not only has it failed to understand the land, water, and people of the State, apparently this foreign company does not appreciate the law either. TransCanada says the District Court ruling declaring a State law invalid, and invalidating action by the Governor under that law, is not significant. TransCanada is wrong. First, TransCanada is not a party to the lawsuit decided by Judge Stephanie Stacy’s 50-page, 248 footnote Opinion of February 19. So, TransCanada cannot appeal the ruling and has no voice in the proceedings. Down the road the company might ask for permission to file an outsider’s “friend of court” Brief. Such a request may, or may not, be allowed; even if allowed, it does not become part of the merits or core of the case. Second, LB 1161 has been declared unconstitutional and void by the Nebraska District Court. The Court issued an injunction against enforcement of the law. The Governor, Secretary of State and acting Director of the Department of Environmental Quality are enjoined from action. TransCanada is not a party so it is not enjoined. Third, the officials who are defendants in the case are duty bound by the State Constitution and the law governing their offices to “support the constitution of the State of Nebraska, and …faithfully discharge”… all duties.
Art XV, Sec 1.
David A. Domina 402-493-4100
Domina Law Group pc
2425 S. 144th St. Omaha NE 68144-3267 (402) 493-4100