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Nebraska

Thompson v. Heineman

The Nebraska Supreme Court upheld state legislation enacted in 2012 that permits major oil pipeline carriers to obtain approval from the governor to exercise the power of eminent domain for building a pipeline—such as the controversial...

Nebraska v. United States Environmental Protection Agency

A district court dismissed Nebraska's lawsuit challenging EPA's proposed standards to limit carbon dioxide emissions from new or modified fossil fuel-fired electric utility generating units. As part of the proposed rule, EPA found that...

Thompson v. Heineman

A district court held that a Nebraska law passed in 2012 to expedite the approval of a new route for the controversial Keystone XL pipeline through the state is unconstitutional. Article IV, §20, of the Nebraska Constitution commits...

Banks v. Heineman

The Supreme Court of Nebraska held that a 2010 state law that changed the manner in which wind energy generation facilities in Nebraska are taxed is constitutional. As part of legislation passed to encourage the development of wind...

Entergy Arkansas, Inc. v. Nebraska

The court affirms in part and reverses in part a district court decision holding that certain beneficiaries to the Central Interstate Low-Level Radioactive Waste Compact (the Compact) had a right to sue Nebraska for acts delaying the...

Nebraska Pub. Power Dist. v. MidAmerican Energy Co.

The court holds that a power sale contract between an energy company and a public power district does not require the energy company to make current, nonrefundable payments of estimated decommissioning costs to the power district, but...

Nebraska v. Central Interstate Low-Level Radioactive Waste Comm'n

The court holds that Nebraska, a host state for a regional disposal facility, does not have a unilateral right under the Central Interstate Low-Level Radioactive Waste Compact to veto low-level radioactive waste export permits issued by...

U & I Sanitation v. Columbus, City of

The court holds that a city ordinance requiring all garbage collected within city limits, except garbage destined for out-of-state disposal, to be processed at the city-owned transfer station violates the dormant U.S. Commerce Clause. A...

Prime Realty Dev., Inc. v. Omaha, City of

The court holds that a city's redesignation under the Nebraska Community Development Law (CDL) of a developer's property as no longer blighted and, thus, not qualified for tax increment financing (TIF) did not violate the developer's...

Entergy Arkansas, Inc. v. Nebraska

The court holds that an interstate radioactive waste commission can sue a member state for violating the good-faith provisions of a radioactive waste compact. The court first holds that the Eleventh Amendment does not bar the commission...