Opponents challenge pipeline route

AssociatedPress, May 10, 2008, Bismarck Tribune -- Opponents of a crude oil pipeline route through eastern North Dakota have told a judge that state officials did not do enough study of alternatives.

The Dakota Resource Council and six landowners went to court to challenge the Keystone pipeline plans of TransCanada Corp., of Calgary, Alberta. The state Public Service Commission granted a permit for the route in February.

South Central District Judge Gail Hagerty heard arguments from both sides Thursday and said she will try to rule in about 10 days, or May 18, a day before construction is to start.

The pipeline would bring Canadian tar sands crude oil from Alberta through North Dakota on its way to Midwest refineries. The route enters the state near Walhalla and exits near Cogswell, crossing 218 miles through eight counties.

Jana Lindermann, an attorney for the Dakota Resource Council and six landowners whose property is along the route, said the PSC order granting the route permit should be halted.

"They have to find the safest possible route," she said.

The commission must do a more detailed analysis of other routes because only TransCanada's preferred route was analyzed earlier, she said.

The company's attorney said alternative routes could involve more disruption of crop land and the loss of trees.

TransCanada attorney Thomas Kelsch said the PSC properly ruled out other suggested routes, some in the Interstate 29 right of way or paralleling another natural gas pipeline that crosses the state diagonally.

The company wants to move oil through the pipeline by the end of 2009. A planned dogleg extension to Oklahoma hubs would get the Alberta oil to the Gulf Coast by the end of 2010.

Kelsch said that if the line is delayed, it could take until next year for construction to start, causing damage to the company of more than $100 million.

TransCanada says the pipeline will run for a total of 2,148 miles and will be capable of transporting 590,000 barrels a day in late 2010.