TransCanada Keystone Pipeline, LP v. DunavanAnnotate this Case
The Supreme Court affirmed the Public Service Commission's (PSC) grant of an application filed by TransCanada Keystone Pipeline, LP for approval of a major oil pipeline route and eminent domain authority and finding that the "Mainline Alternative Route" (MAR) was in the public interest, holding that TransCanada carried its burden of proving that the MAR was in the public interest and that the errors assigned by intervenors in the proceedings were without merit.
The MAR approved by the PSC was a thirty-six-inch major oil pipeline and related facilities to be constructed through Nebraska. Landowners, two Indian tribes, and the Sierra Club all intervened in the proceedings. The Supreme Court affirmed on appeal, holding (1) the PSC had jurisdiction to consider TransCanada's application; (2) TransCanada met its burden of proof; (3) the PSC properly considered the MAR; and (4) the intervenors were afforded due process.