Skip to main content

Sign up for our newsletter.

Quality journalism. Progressive values. Direct to your inbox.

"The Trump administration has repeatedly violated the law in its relentless pursuit of seeing Keystone XL built, and it would have been unconscionable to allow this pipeline to be built through rivers, streams and wetlands while it remains tied up in court," said Doug Hayes, a senior attorney with Sierra Club, following the ruling by the Ninth Circuit. (Photo: Tar Sands Blockade)

In Latest Legal Blow to Trump and Dirty Energy, Federal Appeals Court Upholds Block on Keystone XL Permit

"Contrary to what the Trump administration has argued, the law is clear. We won't sacrifice imperiled species so giant corporations can profit from the dirty fossil fuels that pollute our waters and climate."

Jon Queally

In another legal victory for opponents of Keystone XL and similar pipelines, the U.S. Court of Appeals for the Ninth Circuit on Thursday upheld a lower court ruling that suspended a federal fast-track permit for the controversial tar sands project that campaigners for nearly a decade have opposed as a climate-destroying effort of the first order.

Siding with the previous ruling and against the Trump administration, the court's ruling said the government and fossil fuel companies behind the project "have not demonstrated a sufficient likelihood of success on the merits and probability of irreparable harm to warrant a stay pending appeal."

Last month, as Common Dreams reported at the time, the U.S. District Court in Montana ruled that the Trump administration's Army Corps of Engineers violated the Endangered Species Act when it issued what became "Nationwide Permit 12." The ruling by that court vacated the Trump-backed permit for Keystone XL and also prohibited the Corps from replicating use of the fast-tracked approval process for other similar projects.

While Bloomberg reported the ruling as "a major blow to the energy industry," climate campaigners celebrated it as confirmation that Keystone XL is rightly recognized as a hazard and that President Donald Trump acted unlawfully by trying to ram through its construction.

"The Trump administration has repeatedly violated the law in its relentless pursuit of seeing Keystone XL built, and it would have been unconscionable to allow this pipeline to be built through rivers, streams and wetlands while it remains tied up in court," said Doug Hayes, a senior attorney with Sierra Club. "We're glad to see the court recognize the threat this dirty, dangerous pipeline poses to communities, wildlife, and clean drinking water along its route, and we’ll continue to fight to ensure it is blocked for good."

Jared Margolis, a senior attorney at the Center for Biological Diversity, said, "Contrary to what the Trump administration has argued, the law is clear. We won't sacrifice imperiled species so giant corporations can profit from the dirty fossil fuels that pollute our waters and climate."

Marcie Keever, legal director for Friends of the Earth, also welcomed the ruling but urged caution as the legal fight is certain to continue. "The court's decision today buys some time for our environment, but its future remains in jeopardy," Keever said. "We will continue to fight against this administration’s stubborn insistence to build the toxic, climate destroying Keystone XL pipeline."


Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.

We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.

Rights Groups Demand Hearings on the 'Fourth Amendment Is Not For Sale Act'

"The longer Congress waits," warned one advocate, "the stronger and more dangerous this industry will become."

Kenny Stancil ·


Democrats Urge Biden to Abandon Dangerous Trump Policies on Nuclear Weapons

With the Nuclear Posture Review, say congressional lawmakers, the president can ensure "future generations can finally be free from the nuclear sword of Damocles that hangs over all our heads."

Andrea Germanos ·


'There Is No Military Solution': Jayapal, Lee Demand Diplomacy on Ukraine

"We call upon our colleagues to allow the administration to find a diplomatic way out of this crisis," said the progressive Democrats.

Jake Johnson ·


Gun-Maker Slammed for 'Children's Assault Rifles' Based on AR-15

"At first glance, this comes across as a grotesque joke," said one gun control advocate. "On second look, it's just grotesque."

Jessica Corbett ·


Biden Urged to Nominate Black Woman to Supreme Court as Breyer Says He'll Retire

"President Biden has an opportunity to secure a seat on the bench for a justice committed to protecting our democracy and the constitutional rights of all Americans, including the freedom to vote."

Brett Wilkins ·

Support our work.

We are independent, non-profit, advertising-free and 100% reader supported.

Subscribe to our newsletter.

Quality journalism. Progressive values.
Direct to your inbox.

Subscribe to our Newsletter.


Common Dreams, Inc. Founded 1997. Registered 501(c3) Non-Profit | Privacy Policy
Common Dreams Logo