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Congressman Rushing Keystone XL Review Denies TransCanada Uses Eminent Domain

If a Congressman sponsors a bill on a topic, we rightfully expect the Congressman to know more than we do about the topic.

Congressman Lee Terry from Omaha, Nebraska, sponsored H.R. 1938, legislation that would require the Executive Branch to rush through its review of TransCanada's Keystone XL oil pipeline permit. Rep. Betty Sutton of Ohio offered an amendment requiring the President to prevent TransCanada from seizing farmland and ranchland against landowners' consent. Rep. Terry responded with this flabbergasting misinformation:

Number one, private companies do not have any rights of eminent domain; they can't take people's lands. So this part about them exercising eminent domain is just not relevant here. They aren't doing this; they don't have the power [Rep. Lee Terry, floor debate, U.S. House of Representatives, Congressional Record page H5538, 2011.07.26].

Oh my. Anyone who has paid any attention to TransCanada's pipeline projects in the United States knows full well that the Canadian company's use of eminent domain has been a primary source of controversy over the Keystone system. TransCanada has sent letters to landowners informing them of TransCanada's right to use eminent domain. My neighbors Mike and Sue Sibson surrendered to TransCanada's installing its Keystone I pipeline across their land because a South Dakota court ruled landowners could not say no. Fox News has reported on TransCanada's use of eminent domain in Texas. I have reported on and Rep. Terry's colleague Senator Mike Johanns has criticized TransCanada's use of eminent domain in Nebraska. Oklahomans are suing TransCanada to stop it from using eminent domain on their property.

The most generous conclusion: Congressman Terry is oblivious to the facts about TransCanada's use of eminent domain. And if Rep. Terry does not understand this basic and obvious fact about the Keystone pipeline system, what other facts might he be missing as he does Big Oil's bidding and undercuts the regulatory process?

Update 08:17 CDT: Related Keystone XL notes:

  • Rep. Terry also avers from the House floor that "any leaks that would occur are going to be minimal and not hazardous to the Ogallala aquifer or to the Sand Hills."
  • Rep. Terry follows up his eminent-domain know-nothingness (again, see CR H5538) with his head-scratching assertion that the Keystone XL pipeline can't raise gas prices. But energy experts will tell you straight up that "the project would help reduce the glut of oil in storage at Cushing" and "help reduce the $20 per barrel price differential between West Texas Intermediate, oil priced at Cushing, and London Brent Crude." Translation: Keystone XL decreases Midwest supply and increases Midwest gas prices by fifteen cents per gallon.
  • Duke University enviro-prof Bill Chameides reminds us that Keystone XL's shipping capacity won't be needed until after 2020 and maybe not unitl 2030. What's the rush?