Premium ContentMouse over Home then click on Premium Content for information.LINCOLN — State Sen. Ken Haar of Malcolm said Tuesday that state legislators should convene a special session this fall to address concerns about the proposed route and environmental risks of the Keystone XL pipeline.
Haar said that a looming, year-end decision by the U.S. Department of State on the controversial project means that if Nebraska wants the crude-oil pipeline to avoid the groundwater-rich Sand Hills, it can't wait.
"All of the (pipeline) leaks in the recent months have been kind of a tipping point," Haar said. "There's a real time urgency here."
Since the Legislature ended its 2011 session in late May, Haar said, it's become clear that the state has the power to force a change in the pipeline's route. But to do that, he said, Nebraska needs to enact siting legislation similar to laws in Montana, which will also be crossed by the Keystone XL project.
Haar, a leading environmentalist in the unicameral Legislature, outlined his concerns in an essay printed on the editorial page of today's Omaha World-Herald.
He pointed to 12 leaks in the first year of operation of the Keystone pipeline, operated by the same company, TransCanada, Inc., that is planning the larger Keystone XL.
Haar quoted U.S. Sen. Mike Johanns, R-Neb., who objects to TransCanada's pathway across the Sand Hills.
"They picked the wrong route," Johanns said. "I wish I could tell you that man-made things never break, but they break. Why would you want to dump oil into the aquifer?"
Reactions among a handful of state senators reached Tuesday were cool to lukewarm. And Haar's strategy for calling a special session — a poll of legislators — has not been used successfully in recent memory.
Special sessions typically are called by the governor. Gov. Dave Heineman did so two years ago to cut state spending and in 2008 to address flaws in the state's Safe Haven law.
State Sen. Mike Flood of Norfolk, the speaker of the Legislature, said that Haar and other supporters will have to make a strong case for a costly special session instead of waiting for the 2012 regular session, which begins in January.
"I understand that there's real concern across the state and in the Legislature about the pipeline," Flood said. "But does it require immediate action?"
Two senators who conducted an interim study of the Keystone XL project and Nebraska's regulatory role a year ago said they're still pondering the need for a special session.
Cedar Rapids Sen. Kate Sullivan questioned whether any law passed this fall would impact the route of the pipeline, which has been in the planning stages since 2006.
Sen. Annette Dubas of Fullerton said there was a lack of consensus among state lawmakers about what power they have to impact the Keystone XL project, and, if they have the authority, what to pass.
Heineman, who was traveling in Omaha on Tuesday, did not respond to messages seeking comment.
Recent oil pipeline leaks in the Yellowstone River in Montana and the Kalamazoo River in Michigan, as well as concerns noted by University of Nebraska researchers, have raised worries among state lawmakers, Haar said.
One study, by University of Nebraska-Lincoln professor John Stansbury, concluded that a major leak in a Sand Hills pipeline could foul drinking water as far away as Lincoln, Omaha and Kansas City, a claim disputed by TransCanada.
Haar said he is not opposed to the pipeline, but feels, like Johanns, that it should avoid the Sand Hills.
Under a little-used clause in state law, 10 senators can request a poll of lawmakers. If 33 of the 49 senators agree, the governor would be compelled to call a special session.
Haar said that amassing 33 supporters will be a "daunting task." But he said he received only one "no" when he spoke to 17 senators about his idea.
Haar said he plans to wait at least a month before pushing his proposal. That would be after the State Department issues its final environmental assessment of the pipeline.
Contact the writer:
402-473-9584, paul.hammel@owh.com
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