By the Associated Press
Opponents of the Keystone XL pipeline argued last Wednesday that a South Dakota judge should reverse state regulators’ decision last year to authorize again the portion of the project that would go through the state. A portion of the pipeline will go through Tripp County if construction is approved.
Here is a look at the pipeline proceedings: The Keystone XL project has prompted opposition from Native American tribes, some landowners and environmental groups concerned the pipeline would contaminate water supplies and contribute to pollution. Opponents appealed the South Dakota Public Utilities Commission’s decision to the state court which heard arguments in the case on March 8.
It is not clear when Judge John Brown of Pierre will rule.
The commission initially authorized TransCanada’s project in 2010 but the permit had to be revisited since construction didn’t start within four years.
The commission voted last year to accept the company’s guarantee that it can complete the pipeline project while meeting the conditions of the 2010 approval.
Former president Barack Obama rejected the pipeline in 2015 but President Donald Trump has said he supports it and in January moved to make it easier for the project to proceed.
The $8 billion project would go from Canada through Montana and South Dakota to Nebraska where it would connect with existing pipelines to crude oil to refineries along the Gulf Coast.
TransCanada said last month that it is once again seeking state approval for a route through Nebraska. It has also submitted a new presidential permit application to the U.S. Department of State for approval.
A company spokesman, Terry Cunha, said the company’s “commitment is to ensure we build a state of the art pipeline system that will be monitored 24 hours a day, seven days a week using satellite technology along with regular aerial patrols to monitor the pipeline.”
Robin Martinez, an attorney for conservation and family agriculture group Dakota Rural Action, said the commission’s decision should be reversed because it appeared to his clients that the regulatory panel was biased toward TransCanada during the proceedings and because the company failed to demonstrate that it could build the pipeline safely.
Tracey Zephier, an lawyer for the Cheyenne River Sioux Tribe, said the commission abused its discretion by allowing an out of state company “drive the bus” in the pipeline permitted process.
Attorneys for TransCanada and the PUC asked the judge to uphold the order.
James Moore, a lawyer for TransCanada said the commission’s proceedings were fair and thorough.
More than 50 pipeline opponents gathered outside the Hughes County Courthouse in Pierre before the hearing.
Crow Creek Sioux Tribe Chairman Brandon Sazue called on South Dakota to “wake up.”
“It’s a human thing,” Sazue said. “It doesn’t matter what color you are. It matters if you drink water or not.”
Gov. Dennis Daugaard is pushing legislation preparing for potential protests in South Dakota like the demonstrations over the Dakota Access pipeline in North Dakota. The bill includes provisions that would make it a Class 1 misdemeanor for someone to stand in the highway to stop traffic or to trespass in a posted emergency area.
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