They did have the support of four of the justices—one shy of what the landowners needed. Advocacy group Bold Nebraska states that because TransCanada has now invoked eminent domain claims for land along the pipeline route, it is now clear that their case has standing, giving the group confidence they’ll be victorious in their next round at the state’s high court.

Meanwhile, Congress this week passed a bill to force construction of the Keystone XL pipeline, which the EPA recently said would “significantly increase” greenhouse gas emissions from tar sands.

President Obama has vowed to veto the legislation, but has not yet said he would kill the project completely.

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