"The consent of the governed is not consent if it is not informed" - Edward Snowden -
NSA Whistleblower
"Liberty cannot be preserved without a general knowledge among the people" - John Adams - Second President - 1797 - 1801
"Educate and inform the whole mass of the people... They are the only sure reliance for the preservation of our liberty." - Thomas Jefferson
"Most ignorance is vincible ignorance. We don't know because we don't want to know." - Aldous Huxley
Wounded knee sold???
By By Brandon Ecoffey, Native Sun News managing editor
RAPID CITY— When James Czywczynski first announced that he was selling the two forty acre tracts of land, one at Wounded Knee and one at Porcupine Butte, for a total of $4.9 million, many people scoffed at the notion that someone would be willing to pay that much for the land. Nonetheless as the months have passed and several potential buyers are now negotiating a final deal on the land the Oglala Sioux Tribe has decided to take action and file in federal court under the premise of eminent domain to seize the land.
On Thursday, May16, the Oglala Sioux Tribal council voted 14-0 to file in federal court for eminent domain over the land that Czywczynski, a nonmember, owns at Wounded Knee. While many have praised the tribe for exercising an established right of any government, the legal efficacy of this action is still undetermined.
Eminent domain is the power of a government to seize the private property of an individual or group of people for use by the state. The most common examples are when city, state, or federal governments seize lands for the construction of civil infrastructure.
Article 4 of the Oglala Sioux tribal constitution grants the tribe the authority to “purchase under condemnation proceedings in courts of competent jurisdiction, land or property needed for public purpose”. The right of the tribe to acquire land for public use is further supported within the OST Bill of Rights which states that the tribe cannot, “Take any private property for public use without compensation.”
Although the tribe is granted this authority under its own constitution the legal waters become murky when it is acknowledged that the land owned by the seller is not tribal land and the seller is not a tribal member.
Speaking under the condition of anonymity one top federal Indian law attorney in Washington D.C. told Native Sun News that it would be highly unlikely that eminent domain could be used on the lands at Wounded Knee.
“It would be very hard for me to see the tribe pull this off,” the source said. “If this was truly a viable option for tribes than it would be extremely easy for tribes to consolidate their land bases. They could simply seize whatever they wanted from non-members within the confines of the reservation, provided they pay just compensation. Who determines what just compensation is?”
The lawyer also said that historically tribal jurisdiction is respected when the land is tribal land held in trust however when the land is owned by a non-Native and is not in trust the situation has been interpreted inversely by the courts.
Some tribal legal experts however feel that the tribe does have some legal standing to seize the land.
“The land in question is private, it is on the reservation and is needed for a public purpose, given its historical, cultural and traditional significance to the tribe,” said longtime tribal judge and law professor Patrick Lee. “Jurisdiction is always an issue when nonmembers are involved. Tribal ordinance 93-12 provides that nonmembers impliedly consent to tribal jurisdiction by owning land or by possession or use of any property situated within the exterior boundaries of the Pine Ridge Indian Reservation.
Procedurally that is a very strong position for the tribe to be in should the owner challenge tribal jurisdiction” added Lee.
The tribe changed their legal code in 1993 establishing implied consent as the legal standard for jurisdiction over non-members.
Prior to 1993 non-Natives owning land or operating a businesses on the reservation submitted to tribal jurisdiction through expressed consent, meaning verbally or through written agreement.
Legal standards over land disputes on the northern plains however are far from set in stone and are extremely complicated when dealing with land on the reservation.
“The whole issue over tribal jurisdiction over deeded land is in flux. If you talk to any lawyer in this area it is a nightmare right now,” said Rosebud Sioux Tribal member and practicing attorney Terry Pechota. “Tribes do have the authority to use Eminent Domain but it is undetermined as far as to what it covers.
Is it barred by local legislation? Does it only apply to trust land? These are all questions that come up and another big factor is where it will be filed at.”
Pechota would go on to say that the land owner would most likely lean on the fact that he is not a tribal member.
“Obviously the land owner would say he is a non-Indian so tribal law does not apply to him. He would say that it is not tribal land it is deeded land and that under Supreme Court precedence the tribe has no authority to take it from him.”
Prior to seizing property under Eminent Domain the tribe would first be required to enter in to condemnation proceedings over the land to determine what is just compensation. This would be determined in a court of law. The owner of the property would have the option to challenge the right of the tribe to seize the land. The tribe would then bear the burden of proving that there seizure of the land for public use is justified.
“Just compensation is a matter of interpretation. The amount that he is asking for the land is unreasonable and is worth much more to the tribe in terms of its cultural value. You cannot put a dollar value on historical, cultural and traditional value of the tribe.
Mr. Czywczynski is attempting to capitalize on the tribe’s cultural interest in the land including the place-name which has much more value to the tribe than it does to outsiders,” said Patrick Lee.
“The tribal courts are courts of competent jurisdiction because its decisions are recognized all over the United States including the federal government. The tribe could assign its own monetary value on the land by having it appraised not for its cultural significance, but for its agricultural or grazing value that would apply to a non-Indian, and purchase it for that amount which would, in my opinion, be reasonable compensation.”
The historical significance of the site however extends beyond the tribe. Both the massacre of 300 Mnicoujou and Hunkpapa Lakota there in 1890 and the takeover by the American Indian Movement at Wounded Knee in 1973 are recognized as significant events in mainstream American history. A fact the Czywczynski is quick to note.
“It is very hard to put a price on history. The events that took place there raise the monetary value of the land,” said Czywczynski. “There were two events that happened at Wounded Knee that the whole world knows took place, they were unfortunate events but they happened.”
Determining what exactly just compensation is for the land would be another major sticking point for the tribe. American courts have held the measure of just compensation is fair market value.
Although the land has been appraised as only being worth $7,000, current Supreme Court case law has determined fair market value to be what a an unpressured buyer would pay for a designated property voluntarily. In addition the courts have taken into account what would be the most profitable use the property being seized regardless of its current use or distinction.
NSN has viewed documents showing that Czywczynski currently has multiple buyers prepared to pay the $4.9 million asking price for the land.
“There are huge investment opportunities for the tribe or whoever else may buy the property at Wounded Knee,” said Czywczynski. “It could create jobs and it could be done in a respectful way, I don’t understand how the tribe cannot see this,” he added.
Czwczynski said that he had not been notified of any legal action taken by the tribe and was proceeding with negotiations.
“This will most likely end up in federal court if nothing is worked out,” said Terry Pechota.
Contact Brandon Ecoffey at staffwriter2@nsweekly.com. Copyright permission by Native Sun News.
US Proxy War In Syria
Obama Is Making Us De Facto Allies Of Al-Qaida
By Patrick J. Buchanan
Where does our imperial president get his authority to draw red lines and attack countries that cross them?
Report: Russia to Send Marines to Syria
By Vladimir Isachenkov
"The
secretary of defense (Leon Panetta) remains concerned about any efforts
by external countries or external organizations to supply lethal arms
to the Syrian regime so that they can turn around and use those to kill
their own people," Kirby said.
"We Will Always Be Independent and Free" President al-Assad
President al-Assad interview
Mr
President, you are fighting "Jabhat Al-Nusra." Can you tell us about
it, what is this organization, who supports them, who supplies them
with money and weapons?
Iranian Threat Is "Western Obsession" Noam Chomsky
Obama Escalates Israel-Palestine Conflict: More Extreme than Reagan
Video And Transcript
The
majority of the states and the Arab societies don't perceive Iran as a
threat as polls show, says Chomsky. "They do perceive threats, the
United States and Israel and that's certainly one reason why the West
is frightened of the prospect of democracy in the region."
US To Open Direct Talks With Taliban
By BBC
The first
meeting is due to take place in the coming days in Doha, Qatar. Afghan
President Hamid Karzai said his government is also sending a
delegation.
The Terror Diaspora
The U.S. Military and the Unraveling of Africa
By Nick Turse
There is
ample evidence to suggest the United States has facilitated a terror
diaspora, imperiling nations and endangering peoples across Africa.
Leaker Vows Details on NSA Access to Tech Servers
By Doug Stanglin
"Being
called a traitor by Dick Cheney is the highest honor you can give an
American," Snowden responded, "and the more panicked talk we hear from
people like him, (Sen. Dianne) Feinstein, and (Rep. Peter) King, the
better off we all are."
Edward Snowden - The Globalisation of Whistleblowing
By Annie Machon
The US is
increasingly claiming global legal hegemony over the entire internet,
as well as the right to kidnap, torture and murder foreigners at
will.
The Whistleblowers Are The New Generation of American Patriots
By Gary Younge
Their
defiance stems from the fact that, in acting as they have, they don't
believe they've let down America. They believe they had to act because
America was letting itself down.
Patriots For Profit
How Booz Allen Made the Revolving Door Redundant
By Pratap Chatterjee
Edward
Snowden, unexpectedly exposed a powerful and seamless segment of the
military-industrial complex - the world of contractors that consumes
some 70 percent of this country's 52-billion-dollar intelligence
budget.
The Terror Con
By Robert Scheer
Just when
the good times for war profiteers seemed to be forever in the past,
there came 9/11 and the terrorist enemy, the gift that keeps on giving.
Politics of Fear:
50% Of Americans Are Cowards: Col. Lawrence Wilkerson
Video
Leadership That Lacks Courage Leads to Tyranny.
Canada Being Assimilated Into a U.S. Dominated North American Security Perimeter
By Dana Gabriel
The US
and Canada are integrating an information sharing system that would be
used to track everyone crossing the U.S.-Canada border and entering or
leaving the continent. Without much fanfare and seemingly little
resistance.
PRISM - Just The Beginning of Spying on You
Video
The present has never seemed more like 1984. Cenk Uygur breaks it down.
Postcard from the End of America: Philadelphia
By Linh Dinh
We watch
our rights being systematically stripped away with barely an eye roll,
and with each passing day, we are becoming poorer, with our wages
steadily decreasing and more of us on food stamps than ever.
Hard News
Large Truck Bomb Reported to Kill 60 Syrian Troops:
Syrian
rebels mounted what appeared to be one of the deadliest strikes
against government forces to date on Monday, sending a suicide bomber
to detonate what they said was six tons of explosives in a truck. The
bombing near the city of Aleppo in northern Syria was said to have
killed as many as 60 soldiers.
Reports in Syria: Israel attacked another airport:
Opposition
sources say massive blast at military airport near Damascus result of
Israeli airstrike; Assad says rebels behind attack
'35 Americans Killed' in Syria Fighting:
Thirty-five
Americans and more than 3,000 other foreign citizens have been killed
fighting in Syria, Hizbullah's Al-Manar television has claimed.
The Destruction Of The Syrian Air Force:
Syrian
Air Force losses have been heavy, with some 400 aircrew dead, captured
or missing. Nearly a hundred fixed wing and over a hundred helicopters
have been lost.
Saudi Arabia 'supplying missiles' to Syria rebels:
The
shoulder-fired weapons were obtained mostly from suppliers in France
and Belgium, the source told Reuters. France had paid for the transport
of the weapons to the region.
Arming rebels may be bad for US long term: Obama:
""One
of the challenges that we have is that some of the most effective
fighters within the opposition have been those who frankly are not
particularly friendly towards the United States of America," Obama
said. "Arming them willy-nilly is not a good recipe for meeting American
interests over the long term."
Putin: Not all G8 leaders agree Assad used chemical weapons:
There
is no proof that the Syrian government used chemical weapons, Russian
President Vladimir Putin said during the G8 summit. Some of the G8
countries share this view, he added.
Northern Ireland leaders to G8: Sending arms to Syria bad idea:
Drawing
on their long experience with sectarian violence, the leaders of
Northern Ireland say arming more people in Syria would be a mistake.
McCain calls for U.S. military leadership on Syria:
Sen.
John McCain called Monday for the United States to lead a military
coalition to help the Syrian opposition rid the country of President
Bashar al-Assad.
G8 backs urgent Syria peace talks in Geneva:
UK
Prime Minister David Cameron said the leaders had managed "to overcome
fundamental differences". But no timetable for the Geneva talks was
given.
Obama: U.S. can work with Russia to 'prevent civil war' in Syria:
"We
agreed that we need to see a cessation of the violence, that a
political process has to be created to prevent civil war and the kind
of horrific events that we've seen over the last several weeks," Obama
said after a meeting with Russian President Vladimir Putin
Two killed in south Lebanon clashes: sources:
Two
people were killed Tuesday and several others were wounded in south
Lebanon during clashes between supporters of Sheikh Ahmad Assir and the
Resistance Brigades, a pro-Hezbollah group
32 killed in twin suicide bombings at al- Husseiniyah (Shiite mosque) in Baghdad:
The
attackers first shot dead the guards of the mosque by silenced weapons
before they entered the mosque and blew up their explosive vests among
worshippers during noon prayers at the mosque in al-Qahira district in
northern Baghdad, the source said.
Rowhani's Opposition to the Bomb: The Iranian President-elect's 2006 Letter to TIME:
"A
nuclear weaponized Iran destabilizes the region, prompts a regional
arms race, and wastes the scarce resources in the region." So wrote
Hassan Rowhani
Nasr: U.S. must make first move on Iran:
Former State Department official Vali Nasr says when it comes to Iran the ball is now in America's court
Propaganda Alert:
Peres: Israel and Iran could negotiate :
Asked
if Iran and Israel could ever have direct negotiations with each
other, he replied, "Why not? The Iranians are not our enemies..." Peres
said Israel has no natural antipathy towards Iran.
The reality:
Netanyahu: Israel won't accept less than total halt of Iran's nuclear enrichment:
Israeli
PM warns against new Iranian President Hasan Rowhani, saying his
strategy is to calm the international community while quietly advancing
the nuclear program.
Hasbara attacks American author :
Alice Walker 'unabashedly infected with anti-Semitism':
New book, 'The Cushion in the Road,' filled with 'comparisons of Israelis to Nazis, denigrations of Judaism and Jews'
Clinton visits Kotel:
Formr US president arrives at Western Wall. Watch photos from tour
US deploys 1,500 Marines to Yemen: Yemeni official:
Some
1,500 Marines were deployed to al-Anad military base in the country's
southern province of Lahij, al-Sharea daily quoted the official as
saying on Monday.
Turkey Arrests Dozens in Crackdown on Protests:
Turkish
antiterrorism units arrested dozens of people in several cities early
Tuesday as part of an intensifying crackdown against antigovernment
protests that have persisted for weeks.
Turkey's 'Standing Man' Protest By Erdem Gunduz Spreads Across Country:
For
this new protest to work, Gunduz's friends positioned themselves
outside the square in a bid to prevent well-wishers trying to approach
him.
Suicide blast kills 27, targets funeral in Pakistan:
The
blast, which police said appeared to target the politician, highlights
the security challenges facing the new government of Prime Minister
Nawaz Sharif, sworn in earlier this month after winning the May 11
general election.
Afghan security handover 'a great day', says President Karzai:
Afghan
forces have formally taken over security for the whole of the country
from Nato-led troops, completing a process begun in 2011.
U.S. says it will buy Russian helicopters for Afghan military: -
The
Pentagon said on Monday it will spend $572 million to buy 30
Russian-built military helicopters that will be used by Afghan security
forces.
16 people killed in in the Central African Republic:
At
least 16 people have been killed during clashes between rebels of the
Lord's Resistance Army (LRA) and villagers in the Central African
Republic (CAR), a military source from the CAR has said.
Lawyer for Gadhafi son urges ICC to reject Tripoli's attempt to keep him in Libya:
A
lawyer for a son of ousted dictator Moammar Gadhafi accused Libyan
authorities on Tuesday of showing a "blatant disregard" for the
International Criminal Court by announcing they will put Seif al-Islam
Gadhafi on trial in August.
Fact or fiction?
Snowden seeks asylum in Iceland through intermediary:
Iceland
has been informally contacted by an intermediary who stated that NSA
leaker, former CIA contractor Edward Snowden, wants asylum in the
Nordic island-state, Reuters reports.
NSA director: Surveillance programs foiled 50 terror plots:
At
least 10 of the plots targeted the U.S. homeland, Alexander told the
House Intelligence Committee, including a plot to bomb the New York
Stock Exchange.
NSA admits listening to US phone calls without warrants:
If
the NSA wants "to listen to the phone," an analyst's decision is
sufficient, without any other legal authorization required, Nadler said
he learned. "I was rather startled," said Nadler, an attorney and
congressman who serves on the House Judiciary committee.
Obama and His Allies Say the Govt Doesn't Listen to Your Phone Calls -- But the FBI Begs to Differ:
Given
FBI acknowledgment that it monitors phone calls on a massive scale,
with help from the NSA, gov't denials are hard to understand.
U.S. shared PRISM data with Dutch intelligence agency:
A
former Dutch intelligence analyst says that country also uses the
U.S.'s PRISM surveillance program, which allows the NSA and FBI that
can have access to anyone's Google, Yahoo, and Facebook communications.
Yahoo says it had as many as 13,000 data requests:
Yahoo
Inc said U.S. law enforcement agencies made between 12,000 and 13,000
requests for data in the last six months, the latest in a series of
disclosures by technology companies since intelligence leaks showed the
extent of government data gathering efforts.
Judge Napolitano: We Live In Dangerous Times, Losing Liberty A Slippery Slope -
Video
How to Block the NSA From Your Friends List:
According
to a Pew study released weeks before news of PRISM broke, teenagers
are disenchanted with Facebook. They're moving to other platforms
Guantanamo Bay Using Controversial Drug On Hunger Strike Detainees:
Alyona
talks to investigative reporter Jason Leopold about the controversial
news that Guantanamo Bay hunger strike detainees are being administered
neuro-drug Reglan, known to cause severe side effects.
Guantanamo Bay: Stories From Inside the World's Most Infamous Jail:
As of Monday, 104 detainees in Camps 5 and 6 were on strike, 44 were being force-fed through tubes and two were hospitalized.
The Prisoners at Guantanamo, by the Numbers:
Nearly
100 of the 240 detainees are originally from Yemen, which makes their
status more complex than others. The next most-common country of origin
is Afghanistan, followed by Saudi Arabia and Chad.
Demos demand Obama free Yemenis held in Guantanamo: -
Relatives
of Yemenis being held at the US Guantanamo Bay detention centre
protested outside Washington's mission in Sanaa on Monday, calling on
US President Barack Obama to free the detainees.
Witness to Guantanamo:
The
Witness to Guantanamo project is filming in-depth interviews with
former detainees and other voices of Guantanamo, and archiving the
videos for history
Greek broadcaster ERT reopens after court victory:
A
Greek court has ordered that state broadcaster ERT, which was shut
down by the government last week, can resume transmissions. However,
the court also upheld a plan by Prime Minister, Antonis Samaras to
replace ERT with a smaller broadcaster.
Protest rallies held in Brazil's major cities:
Demonstrations against rising costs of public transport and 2014 World Cup reflect anger over government policies.
Fracking ignites fights over water in drought-stricken regions:
US
states suffering a drought are facing a dire water crisis exacerbated
by hydraulic fracturing. The procedure consumes vast amounts of water,
which has driven up prices and depleted certain aquifers and rivers.
Police At DUI Checkpoint "Unloading like Super Trigger Happy...Just Blasting this Car to Pieces":
"Every
cop turned around and started unloading like super trigger happy as if
their training was coming into full effect and they were being able to
utilize it," said [Jared] Cleerdin. "Everybody was just blasting this
car to pieces. It was absolutely terrifying."
Philadelphia Parents, Lunchroom Staff Begin Fast for Safe Schools:
A
group of Philadelphia public school parents and lunchroom staff today
launched a fast for safe schools. The elimination of more than 1,200
student safety staff from schools across the district, including those
on the federal "persistently dangerous" schools list, places
Philadelphia's students in danger.
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Congressional Cartel: List of Senators Who Betrayed Constituents in Favor of Biotech Dollars
Daisy Luther
Once upon a time, a system was designed in which “the people” elected
delegates to go to Washington DC. These members of Congress had the
specific duty of representing the wishes of their constituencies when
laws were being voted upon.The success of last weekend’s March Against Monsanto should have made it very clear that a great many people wish to see, at the very least, labels on toxic GMO foods. The fact that this success was covered up by the media does NOT mean that the members of Congress were unaware of it – just the opposite. Our success was frightening, and that is why it was covered up.
Despite that, the day before the event, an amendment to the farm bill that would have allowed the individual states to pass laws protecting consumers from unlabeled GMOs was quietly shot down in the Senate with a vote of 71-27 against this right. The timing of this betrayal, right before a long weekend, goes along with the general modus operandi of sliding through things that will meet with objections from the public when they are otherwise distracted.
The failure to pass this amendment was due in part to Monsanto mouthpiece Sen. Debbie Stabenow (D-Mich.), the chair of the Agriculture Committee. Stabenow, incidentally, received over three quarters of a million dollars from agribusiness interests ($739,926 to be exact) in agribusiness donations. Stabenow utilized the propaganda that is being dispersed by the likes of Monsanto and the Gates Foundation to argue her point:
Sen. Debbie Stabenow (D-Mich.), the chair of the Agriculture Committee, spoke on behalf of the biotech giant seizing the opportunity to focus primarily on the myth that genetically modified ingredients feed the hungry people of the world, ignoring the fact that 64 countries now require GMO labeling.
“This particular amendment would interfere with the FDA’s science-based process to determine what food labeling is necessary for consumers,” Stabenow said. More here
These congressional folk cannot get re-elected/auctioned/bought/ or, how bout, won by majority of popular opine, if you guys knew how badly us commons are being stabbed in the back by the vary same we sent to put an end to this SHIT....do you know your enemy? you should
Alexander (R-TN)
Ayotte (R-NH)
Baldwin (D-WI)
Barrasso (R-WY)
Baucus (D-MT)
Blunt (R-MO)
Boozman (R-AR)
Brown (D-OH)
Burr (R-NC)
Carper (D-DE)
Casey (D-PA)
Chambliss (R-GA)
Coats (R-IN)
Coburn (R-OK)
Cochran (R-MS)
Collins (R-ME)
Coons (D-DE)
Corker (R-TN)
Cornyn (R-TX)
Cowan (D-MA)
Crapo (R-ID)
Cruz (R-TX)
Donnelly (D-IN)
Durbin (D-IL)
Enzi (R-WY)
Fischer (R-NE)
Franken (D-MN)
Gillibrand (D-NY)
Graham (R-SC)
Grassley (R-IA)
Hagan (D-NC)
Harkin (D-IA)
Hatch (R-UT)
Heitkamp (D-ND)
Heller (R-NV)
Hoeven (R-ND)
Inhofe (R-OK)
Isakson (R-GA)
Johanns (R-NE)
Johnson (D-SD)
Johnson (R-WI)
Kaine (D-VA)
Kirk (R-IL)
Klobuchar (D-MN)
Landrieu (D-LA)
Lee (R-UT)
Levin (D-MI)
McCain (R-AZ)
McCaskill (D-MO)
McConnell (R-KY)
Menendez (D-NJ)
Moran (R-KS)
Nelson (D-FL)
Paul (R-KY)
Portman (R-OH)
Pryor (D-AR)
Risch (R-ID)
Roberts (R-KS)
Rubio (R-FL)
Scott (R-SC)
Sessions (R-AL)
Shaheen (D-NH)
Shelby (R-AL)
Stabenow (D-MI)
Thune (R-SD)
Toomey (R-PA)
Udall (D-CO)
Vitter (R-LA)
Warner (D-VA)
Warren (D-MA)
Wicker (R-MS)
Despite the vast campaign donations the politicians receive from special interest groups, the recent grassroots movements like Occupy Monsanto and March Against Monsanto have proven that activism works without the huge budget. Even though Monsanto has a kennel full of obedient pet congress members, we can defeat the biotech enemy by spreading information. Teaching the public about the dangers of consuming GMOs, the environmental and health tolls of Monsanto’s farming methods, and the unscrupulous business practices that are designed to put small farmers around the globe out of business, is our most powerful weapon.
This is a call to action. Use the list above to make it clear that we will not stand idly by while our elected representatives betray us for the benefit of Monsanto.
- Find the email addresses and phone numbers of your Senator HERE. Write them a polite letter or make a polite phone call. Firmly and courteously demand answers.
- Use public forums provided to you on your local level to share information about the selling out of our health by these elected officials. Write letters to the editor, post on social media, and hand out fliers, being sure to follow local ordinances. Always be courteous to encourage dialogue.
- Find your senator’s page on Facebook. Actively post in the comments sections and post on their timelines about your displeasure regarding their betrayals.
- Use the power of social media to spread the word that these senators are the friends of Monsanto, and thus the enemies of food freedom and GMO labeling.
Lancaster County District Court Judge Stephanie Stacy on Tuesday rejected a motion by Nebraska state officials to dismiss the lawsuit.
The lawsuit filed by three Nebraska landowners asserts that Gov. Dave Heineman's decision to approve a new pipeline route was rooted in an unconstitutional state law. The law was passed during a special legislative session in 2011 as a way to reroute the pipeline away from Nebraska's environmentally sensitive Sandhills.
Stacy did not rule on the merits of the case, but said opponents should be allowed to present their evidence and arguments.
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