Obama turned down the application over concerns about the route's potential impact on the environmentally sensitive Nebraska Sandhills, but he left the door open for a new application. Republicans accused the president of turning his back on a project that supporters say would create more than 100,000 jobs.
Shawn Howard, a TransCanada spokesman, said the company plans to resubmit the application to reroute the pipeline away from the sand hills, but the rest of the route, including the Texas portion, would remain the same.
Waco economist Ray Perryman, in a TransCanada-sponsored study that critics dispute, says the pipeline would create at least 50,000 jobs in Texas, by far the most of any pipeline state. Perryman also predicts $41 million in state government revenue and $7.6 million for local governments during construction.
Water worries
But many of those in or near the proposed route say the uncertainties and potential hazards outweigh the positives. In Reklaw, population 266, Mayor Harlan Crawford says fighting the pipeline has become his principal mission in a job otherwise filled with the predictable litany of small-town complaints, such as stray dogs and water problems.
The community, which Crawford, 77, describes as "just a blink in the road," was founded in 1890. Settlers wanted the name Walker but, learning that it was taken, opted for the backward spelling. Many current inhabitants are aging retirees.
After learning that the pipeline would run near the town, residents joined forces with Gallatin, another small farming community, to form the equivalent of a regional compact that would give them more power to challenge the pipeline. One big concern for the alliance is the potential contamination of the Carrizo-Wilcox Aquifer, which lies underneath 60 counties.
"This is some nasty stuff, and we look to get it stopped," Crawford said.
Others say TransCanada representatives also applied not-so-subtle pressure when they began acquiring access to property to build the pipeline.
"They were pushy and would intimidate you and said you had to sign this thing," said Eleanor Fairchild, who lives near Winnsboro in Wood County. Like others, she said, she "got into the fight" out of concern over possible water contamination.
"We can live without oil," she said, "but we cannot live without water."
Michael Bishop, a retired Marine who owns 20 acres in Nacogdoches County, hired an attorney to fight the project after learning that the route would cut through his orchard and garden.
"It's going to totally disrupt my life as I know it," he said. "Is it fair for a foreign-owned company to come over here and take land for their private use and their personal gain?"
Eminent domain
As with the Trans-Texas Corridor, the pipeline dispute seems certain to reopen a legislative debate over eminent domain powers, which governmental entities and so-called common carriers such as utilities and pipelines use to acquire land for public projects after compensating the owner.
TransCanada has used eminent domain to acquire a number of tracts, but critics of the company are challenging that authority, citing a 2011 Texas Supreme Court decision that makes it harder for pipelines to meet the definition of a common carrier.
Entities with eminent domain powers typically first seek to negotiate with a landowner. If they can't agree, the entity sues to take the land. The courts also appoint a three-member commission to set a price.
Howard, the TransCanada spokesman, called eminent domain proceedings "an absolute last resort" for the company and said "we do everything we can" to reach a voluntary agreement instead of going to court. He also said the company uses the property as a right of way for the pipeline and does not take ownership.
The company has obtained 99 percent of the easements needed to build the pipeline in Texas, with only 19 tracts outstanding, he said.
Medina, who now heads We Texans, a conservative advocacy group, says she has documented at least 89 lawsuits in which property owners were taken to court. She also said others have been forced to negotiate because they couldn't afford a legal battle.
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