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Groups seek again to legalize casinos at Nebraska tracks

LINCOLN, Neb. (AP) — Groups that want to legalize casinos at Nebraska horse racing tracks are teaming up for another effort.

The Omaha World-Herald reports that the Nebraska Horsemen’s Benevolent and Protective Association and Ho-Chunk Inc. announced Wednesday that they would seek to place the issue on the 2020 ballot. The effort would involve gathering tens of thousands of signatures beginning next year.

If the effort succeeds and voters approve it, casino gambling would be allowed at racetracks in Omaha, Lincoln, Grand Island, Columbus, South Sioux City and possibly Hastings.

A similar attempt to place the question on the November 2016 ballot ended with a shortage of signatures and a lawsuit against the company circulating petitions.

Discovery of zebra mussels leads to closure of Omaha lake

Zebra Mussel
OMAHA, Neb. (AP) — State parks officials have confirmed an infestation of invasive zebra mussels at Glenn Cunningham Lake in north Omaha and have announced the lake’s closure.

The Nebraska Game and Parks Commission confirmed the discovery of adult zebra mussels at the lake two weeks ago. To prevent the spread of the mussels to other local water bodies, the lake will be closed beginning Friday to all watercraft for the remainder of the 2018 season.

Omaha’s parks and Recreation department says the decision to close the lake “has been a group effort” with the state commission, city of Omaha, the Nebraska Invasive Species Program and the U.S. Army Corps of Engineers.

Officials again urged boat owners to slow the spread of the mussels by cleaning, draining and drying boats after each use.

Judge orders new federal review of Keystone XL pipeline

LINCOLN, Neb. (AP) — A federal judge has ordered the U.S. State Department to conduct a more thorough review of the Keystone XL oil pipeline’s proposed pathway after Nebraska state regulators changed the route, raising the possibility of further delays to a project first proposed in 2008.

U.S. District Judge Brian Morris of Montana said in a ruling Wednesday that the State Department must supplement its 2014 environmental impact study of the project to consider the new route. Morris declined to strike down the federal permit for the project, approved by President Donald Trump in March 2017.

The Nebraska Public Service Commission rejected pipeline developer TransCanada’s preferred route in November 2017, but approved a different pathway that stretches farther to the east. The “mainline alternative” route is five miles longer than the company’s preferred route, cuts through six different Nebraska counties and runs parallel to an existing TransCanada-owned pipeline for 89 miles.

State Department officials “have yet to analyze the mainline alternative route,” Morris wrote in his ruling. The State Department has “the obligation to analyze new information relevant to the environmental impacts of its decision.”

Last month, the State Department declared the pipeline would not have a major impact on Nebraska’s water, land or wildlife. The report said the company could mitigate any damage caused.

It’s not clear whether the additional review will delay the 1,184-mile project. TransCanada spokesman Matthew John said company officials are reviewing the judge’s decision, and noted that the project has already faced numerous federal reviews. He said company officials are still working with local, state and federal stakeholders.

“We do not anticipate that the ruling will impact the current construction preparation activities we are currently undertaking,” John said in an email.

Environmentalists, Native American tribes and a coalition of landowners have prevented the company from moving ahead with construction. In addition to the federal lawsuit in Montana that seeks to halt the project, opponents also have a lawsuit pending before the Nebraska Supreme Court. Oral arguments in the Nebraska case aren’t expected until October.

Critics of the project have raised concerns about spills that could contaminate groundwater and the property rights of affected landowners.

Pipeline opponents cheered the decision and said they were confident that the courts would find other violations of federal law raised in the lawsuit.

“We are pleased that Judge Morris has rejected all of the excuses raised by the Trump administration and TransCanada in attempting to justify the federal government’s failure to address TransCanada’s new route through Nebraska,” said Stephan Volker, an attorney for the environmental and Native American groups that filed the Montana lawsuit.

A State Department spokesman said the agency was still reviewing the judge’s order but declined to offer additional comments.

The pipeline would carry up to 830,000 barrels of crude oil per day from Canada through Montana and South Dakota to Steele City, Nebraska, where it would connect with the original Keystone pipeline that runs down to Texas Gulf Coast refineries.

The State Department’s new report noted two major spills in South Dakota involving the original Keystone pipeline, which went into operation in 2010, but added that TransCanada has a lower overall spill rate than average in the oil pipeline industry.

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Associated Press reporter Matthew Lee contributed from Washington.

Weak economic growth likely in rural parts of 10 states

OMAHA, Neb. (AP) — The economy is expected to continue growing slowly in rural parts of 10 Plains and Western states, but the ongoing trade disputes remain a concern.

Creighton University economist Ernie Goss says grain prices have fallen even lower since the trade disputes erupted.

The overall economic index for the region increased slightly to 54.8 in August from July’s 53.8.

That score still suggests growth because it is above 50, while any score below 50 indicates a shrinking economy.

Bankers from Colorado, Illinois, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota, South Dakota and Wyoming were surveyed.

The bankers remain concerned about the economy. The confidence index remained in negative territory but climbed to 46.5 in August from July’s 42.7.

NP man accused of sexually assaulting child

Miguel Sifuentes
A 71-year-old North Platte man is facing charges after he allegedly sexually assaulted a child.

According to North Platte Police, an officer responded to the 1100 block of South Tabor Avenue on July 7 after receiving a report of a sexual assault.

The officer met with a minor victim and their family.

It was determined that Miguel Sifuentes had made sexual contact with the minor over their clothing.

On August 10, after further investigation, investigators determined that there was probable cause to arrest Sifuentes and charge him with third-degree sexual assault of a child.

He was jailed at the Lincoln County Detention Center.

Man arrested, heroin seized in downtown Omaha

OMAHA, Neb. (AP) — Authorities say a man was arrested after officers seized heroin found with him in downtown Omaha.

The Nebraska State Patrol says an investigator became suspicious of criminal activity after encountering the man Monday morning. Roughly 24 pounds (11 kilograms) of heroin was found after a search of a bag he had with him. The heroin’s street value was estimated at more than $400,000.

The man was arrested on suspicion of possession for sale. Douglas County Court records don’t show that he’s been formally charged.

Omaha police arrest suspect in convenience store slaying

OMAHA, Neb. (AP) — Authorities have arrested a man suspected of fatally shooting someone at an east Omaha convenience store.

Omaha police said Tuesday that officers have arrested 37-year-old Antwan Lovejoy on charges of first-degree murder and two weapons crimes. Douglas County Court records don’t list the name of an attorney who could comment for him.

Officers sent around 6 a.m. Sunday to investigate a report of shots fired found the wounded man between gas pumps at the store. Police say 27-year-old Andrew Peek died later at Nebraska Medical Center.

Lincoln diocese priest removed from ministry at Davey

LINCOLN, Neb. (AP) — Another Roman Catholic priest in the Lincoln diocese has been removed from the ministry amid accusations of inappropriate relationships.

Lincoln Bishop James Conley announced over the past weekend that he had replaced the Rev. Patrick Barvick as pastor at St. Mary’s in Davey.

In a written statement, Conley says he had instructed Barvick “not to be alone with females. His behavior concerns me and the Diocesan Review Board.” Neither Conley nor a diocese spokesman, the Rev. Nicholas Kipper, would elaborate on the behavior Conley referenced. Kipper declined to say where Barvick has been moved.

Last week, Conley announced he had removed another priest, the Rev. Charles Townsend, as pastor of St. Peter’s Catholic Church for “an emotionally inappropriate, nonsexual” relationship with a 19-year-old man.

Nebraska court: County, not city, owes inmate medical bill

OMAHA, Neb. (AP) — The Nebraska Court of Appeals reversed Tuesday a lower court’s ruling that sided with Chase County over the city of Imperial in a fight over which was responsible for the hospital bill of a jail inmate.

The appeals court said the judge got it wrong when he ruled that the city owed a more than $400 hospital bill for a man who had been taken there at the request of Chase County Jail officials for evaluation after being arrested Christmas Eve 2016 by an Imperial police officer.

The man had been arrested on suspicion of disturbing the peace. Officials said that upon his arrival at the jail, he was intoxicated and uncooperative. A jail employee then asked the arresting officer to take the man to the hospital to be checked out.

After being evaluated at the hospital, the arrested man was medically cleared and taken back to the jail.

Later, the hospital presented both the county and city with a $436 bill for the evaluation and each entity denied payment, claiming the other was responsible. The southwestern Nebraska county filed a complaint with the Chase County District Court seeking a declaratory judgment as to who should pay the bill.

The city of Imperial appealed after the judge found it should pay.

The appeals court on Tuesday said Nebraska law makes clear that medical services necessitated by injuries suffered during an arrest are chargeable to the arresting agency. In all other cases, the agency housing the prisoner is responsible.

“It is undisputed that the arrestee in the present case did not require medical services because of an injury or wound suffered during the course of his arrest,” Judge Francie Riedmann wrote for the appeals court.

The appeals court also rejected the county’s argument that responsibility to pay medical costs comes only after the booking process into the jail has been completed.

“Application of the county’s argument would allow the County to circumvent payment for medical services for any person who is arrested, detained, or taken into custody by requiring medical services for that individual prior to completing the booking process,” the appeals ruling read.

Attorneys for the county and the city did not immediately return phone messages left Tuesday seeking comment.

Officials ID man killed in 3-vehicle crash near Papillion

PAPILLION, Neb. (AP) — Authorities say an Iowa man died after his car collided with two other vehicles at an intersection near an Omaha suburb.

The crash occurred about 4:30 p.m. Monday just south of Papillion.

The Sarpy County Sheriff’s Office says a car driven by 63-year-old Kevin Lingren, of Malvern, Iowa, was attempting to turn left when it was hit by a northbound sport utility vehicle. A third vehicle was also hit in the collision.

Lingren was pronounced dead at the scene. The two other drivers, both from Nebraska, were not injured.

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