Federal Court Deals Major Blow to Keystone XL Pipeline
Late last week, a federal district court in Montana blocked construction on the Keystone XL pipeline. The decision in Indigenous Environmental Network, et al. v. U.S. Department of State is a significant victory for the environment and a major blow to the ultimate completion of the controversial pipeline.
The case centered on the Trump administration’s 2017 decision to reverse the State Department’s initial rejection of the pipeline project, issued in 2015. The court noted that the environmental impact statement prepared by the Trump State Department in support of the reversal is deficient in its analysis of future oil prices and the need for the project, the cumulative impact of Keystone with the Alberta Clipper pipeline, the need to finish analysis of cultural impacts along the route, and the need for updated oil spill information. The court also concluded that the Trump administration failed to provide adequate reasons for the reversal, a violation of the Administrative Procedure Act (APA).
Though much of the court order is based on the administration's failure to provide adequate information on and analysis of the environmental impacts of the proposed pipeline (and attendant issues of endangered species protection), the issues that are germane …
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