The state of Nebraska has responded to a lawsuit filed by three opponents of the Keystone XL pipeline that would carry Canadian tar sands oil south through Nebraska and other states to Gulf coast refineries.

The lawsuit says the law that established the review process is unconstitutional because it doesn’t allow for judicial review and doesn’t spell out what criteria should be considered when a pipeline project is being evaluated.

The response echoes points made in September when the state argued unsuccessfully for the lawsuit to be dismissed. The Attorney General’s Office contends the legislation is constitutional and that the three opponents have no rights to assert as taxpayers because no tax money is being spent. TransCanada is required to reimburse the state for the cost of its review.