In Blow to Pipeline Project, Court Invalidates Trump Administration’s Keystone XL Environmental Review, Blocks Construction

A federal judge ruled today that the Trump administration violated bedrock U.S. environmental laws when approving a federal permit for TransCanada’s proposed Keystone XL tar sands pipeline project. The judge blocked any construction on the pipeline and ordered the government to revise its environmental review.

The decision is a significant setback for a pipeline that investors are already seriously questioning. TransCanada has not yet announced a Final Investment Decision on whether to move forward and build Keystone XL should it receive all the necessary permits.

U.S. District Court Judge Brian Morris found that the Trump administration’s reliance on a stale environmental review from 2014 violated the National Environmental Policy Act, the Endangered Species Act and the Administrative Procedure Act. This ruling follows the court’s previous decision on August 15 to require additional analysis of the new route through Nebraska.

The court required the U.S. Department of State to revise the proposed project’s environmental impact statement to evaluate the extraordinary changes in oil markets that have occurred since the previous review was completed in 2014; to consider the combined climate impacts of approving both the Keystone XL and other tar sands pipelines; to study the many cultural resources along the pipeline’s route; and to examine the harmful risks of oil spills on nearby water and wildlife.

The State Department must also provide a reasoned explanation for its decision to reverse course and approve the permit, after the Obama administration denied it just three years ago on the same set of facts.

Based on these violations, the court ordered the State Department to revise its environmental analysis, and prohibited any work along the proposed route — which would cross Nebraska, South Dakota, and Montana — until that analysis is complete. Keystone XL would have carried up to 35 million gallons a day of Canadian tar sands — one of the world’s dirtiest energy sources — across critical water sources and wildlife habitat to Gulf Coast refineries.

Plaintiffs Northern Plains Resource Council, Bold Alliance, Center for Biological Diversity, Friends of the Earth, Natural Resources Defense Council and Sierra Club filed the lawsuit in March 2017 in the U.S. District Court for the District of Montana.

Quotes

“Today’s ruling is a victory for the rule of law, and it’s a victory for common sense stewardship of the land and water upon which we all depend. Despite the best efforts of wealthy, multinational corporations and the powerful politicians who cynically do their bidding, we see that everyday people can still band together and successfully defend their rights. All Americans should be proud that our system of checks and balances can still function even in the face of enormous strains,” said Dena Hoff, Montana farmer and member-leader of the Northern Plains Resource Council.

“Farmers and our Tribal Nation allies in Nebraska, South Dakota and Montana celebrate today’s victory foiling the Trump administration’s scheme to rubber-stamp the approval of Keystone XL. This now ten-year battle is still far from over. We’ll continue to stand together against this tar sands export pipeline that threatens property rights, water and climate at every opportunity, at every public hearing. People on the route deserve due process and the Ponca Trail of Tears must be protected,” said Mark Hefflinger, communications director for Bold Alliance.

"Today's ruling makes it clear once and for all that it's time for TransCanada to give up on their Keystone XL pipe dream," said Sierra Club Senior Attorney Doug Hayes. "The Trump administration tried to force this dirty pipeline project on the American people, but they can't ignore the threats it would pose to our clean water, our climate, and our communities."

“This is a complete repudiation of the Trump administration’s attempts to evade environmental laws and prioritize oil company profits over clean water and wildlife,” said Jared Margolis, senior attorney with the Center for Biological Diversity. “Keystone XL would devastate species and put communities at risk of contamination. There’s simply no excuse for approving this terrible project. We need to move away from fossil fuel dependence, not support more devastation.”

“Keystone XL would be a disaster for the climate and for the people and wildlife of this country,” said Jackie Prange, senior attorney at the Natural Resources Defense Council. “As the court has made clear yet again, the Trump administration’s flawed and dangerous proposal should be shelved forever.”
      
"Today’s ruling is a decisive moment in our fight against the corporate polluters who have rushed to destroy our planet," said Marcie Keever, legal director at Friends of the Earth. “Rejecting the destructive Keystone XL pipeline is a victory for the grassroots activists who have worked against the Keystone XL pipeline for the past decade. Environmental laws exist to protect people and our lands and waters. Today, the courts showed the Trump administration and their corporate polluter friends that they cannot bully rural landowners, farmers, environmentalists and Native communities.”