Four of the the Supreme Court members ruled that the bill is unconstitutional because it transfers power from the PSC to the governor. But that’s not a super-majority of judges, the threshold required to deem a law unconstitutional. So they vacated the lower court ruling.
That effectively would seem to punt the issue to President Obama’s administration, which has cited the Nebraska lawsuit as a reason to delay its final decision on its federal permit.
We are Way past the time to Build It