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For Immediate Release
July, 01 2019, 12:00am EDT
Contact:
Jared Margolis, Center for Biological Diversity, (802) 310-4054,
jmargolis@biologicaldiversity.org
Gabby Brown, Sierra Club, (914) 261-4626, gabby.brown@sierraclub.org
Jake Thompson, NRDC, (202) 289-2387, jthompson@nrdc.org
Patrick Davis, Friends of the Earth, (202) 222-0744, pdavis@foe.org
Mark Hefflinger, Bold Alliance, (323) 972-5192, mark@boldalliance.org
Dustin Ogdin, Northern Plains Resource Council, (406) 248-1154, dustin@northernplains.org
New Legal Challenges Launched to Keystone XL Pipeline Approval
Trump Administration Violated National Environmental Policy Act, Clean Water Act, Endangered Species Act by Approving Controversial Tar Sands Pipeline
GREAT FALLS, Mont.
Conservation groups filed a federal lawsuit today challenging the U.S. Army Corps of Engineers' illegal approval of the Keystone XL tar sands pipeline to be constructed through hundreds of rivers, streams and wetlands without evaluating the project's impacts as required by the National Environmental Policy Act and the Clean Water Act.
The groups also sent notices of their intent to sue President Donald Trump, the Army Corps and the companies seeking to build Keystone XL and its power line infrastructure over the project's lethal threats to endangered species, including the whooping crane.
Late last year the U.S. District Court for the District of Montana ruled that the Trump administration violated bedrock environmental laws by issuing a permit for Keystone XL without adequately evaluating critical information on the project's environmental impacts, including tar-sands oil spills and climate change. Although Trump effectively circumvented that ruling by issuing a new permit in March, the fact remains that no federal agency has yet completed the requisite analysis.
The new lawsuit, filed in the same federal court in Montana, challenges the Army Corps' approval of Keystone XL under its streamlined "Nationwide Permit 12" process, under which the Corps avoids the transparent and comprehensive review normally required for major projects. In fact the Corps has approved the Keystone XL route completely behind closed doors, without evaluating the risk of oil spills into waterways. The lawsuit alleges that these approvals violate both the National Environmental Policy Act and the Clean Water Act.
The groups sent notices to the Army Corps, President Trump, TC Energy (formerly TransCanada) and the power line companies that would construct the hundreds of miles of lines needed for the pipeline's pump stations. These letters clear the way for future legal action under the Endangered Species Act by putting the parties on notice that their approvals and proposed actions to build the pipeline violate the law.
Construction activities and spills from the pipeline would threaten protected species like the pallid sturgeon, the American burying beetle, and the critically endangered whooping crane, which remains at the brink of extinction.
"The Trump administration has proven to be just as reckless with our Constitutional separation of powers as this dangerous Keystone XL pipeline is to the safety of our water and climate," said Dena Hoff, a Northern Plains Resource Council member and Glendive, Mont. farmer. "The United States is still a country of laws, and this foreign corporation's proposed tar sands pipeline has yet to prove it meets legal standards in the American court system. We will continue this fight for the safety of Montanans and the livelihoods of farmers and ranchers who depend on clean water."
"We won't stop fighting Trump's underhanded attempt to dodge the courts and ram this dirty fossil fuel project down America's throat," said Jared Margolis, a senior attorney with the Center for Biological Diversity. "We'll continue working to ensure this destructive pipeline never has the chance to ruin clean water that's crucial to people and endangered species."
"Though he seems to think otherwise, Donald Trump is not above the law, and we won't allow him to endanger wildlife, clean water, and the climate to allow a Canadian company to move more tar sands through the United States," said Sierra Club Senior Attorney Doug Hayes. "We've held off construction of Keystone XL for more than a decade, and we won't stop until this dirty tar sands proposal is put to rest for good."
"While Trump states over and over again the Keystone XL pipeline is already being built, those of us who live in the states know the reality and risks. Our scenic Niobrara River and the Platte River, where Sandhill and Whooping Cranes migrate, along with farmers' water wells, are all at risk with this foreign, export pipeline. Trump may not believe in the rule of law, but we the people do, and we will take to the streets, courts and cornfields to ensure this pipeline is never built," said Jane Kleeb, Bold Alliance founder.
"The Army Corps' lack of transparency in their review process for the Keystone XL pipeline is deeply disturbing," said Marcie Keever, legal director at Friends of the Earth. "On such a major project, the communities who are on the frontlines deserve a comprehensive environmental review to protect themselves and our environment. Rubber-stamping Trump's attempt to build the dirty Keystone XL pipeline behind closed doors is devastating for the farmers, tribes and communities along its route. Stopping this pipeline is an environmental priority and will help put a stop to Trump's ongoing corruption."
"After we won in court, Trump tried to skirt the law by issuing an unjustified permit for Keystone XL," said Jackie Prange, senior attorney with the Natural Resources Defense Council. "But as this new lawsuit shows, no president can, on a whim, unilaterally exempt the government from complying with our nation's bedrock environmental laws. We will never stop fighting to protect the country's wildlife, water, communities and climate from this disastrous tar-sands oil pipeline."
At the Center for Biological Diversity, we believe that the welfare of human beings is deeply linked to nature — to the existence in our world of a vast diversity of wild animals and plants. Because diversity has intrinsic value, and because its loss impoverishes society, we work to secure a future for all species, great and small, hovering on the brink of extinction. We do so through science, law and creative media, with a focus on protecting the lands, waters and climate that species need to survive.
(520) 623-5252LATEST NEWS
After Delaying FEMA Response for Three Days, Noem Calls to 'Eliminate' Agency Due to Slow Texas Response
Congressional Democrats want investigations "at every level of government of what went wrong" and to "stop the dismantling of federal agencies."
Jul 10, 2025
U.S. Secretary of Homeland Security Kristi Noem renewed her call Wednesday to "eliminate" the Federal Emergency Management Agency calling it "slow to respond" to the deadly floods that have killed more than 120 people in Texas over the past week.
But that "slow" response was the direct result of a policy put in place by Noem herself, according to four FEMA officials who spoke to CNN.
Last month, the network reported on a new policy introduced by Noem that required any contract or grant above $100,000 to cross her desk for approval.
The administration billed the move as a way of "rooting out waste, fraud, [and] abuse." But multiple anonymous officials, including ones from FEMA, warned at the time that it could cause "massive delays" in cases of emergency, especially as hurricane season began to ramp up.
That appears to be what happened in Texas. According to the four officials who spoke to CNN, "FEMA ran into bureaucratic obstacles" as a result of this requirement. Compared to the billions that are typically required to respond to disasters, officials said $100,000 is essentially "pennies."
FEMA officials said they were left to ask for Noem's direct approval on virtually every action they took in response to the catastrophic flood, which created massive delays in deploying Urban Search and Rescue Teams.
The sources told CNN that "in the past, FEMA would have swiftly staged these teams, which are specifically trained for situations including catastrophic floods, closer to a disaster zone in anticipation of urgent requests."
Multiple sources said Noem waited until Monday to authorize the deployment of these search and rescue teams, more than 72 hours after the flooding began. Aerial imagery to aid in the search was also delayed waiting for Noem's approval.
On Wednesday, Noem used these very delays to justify her calls to disband FEMA entirely.
"Federal emergency management should be state and locally led, rather than how it has operated for decades," she said. "It has been slow to respond at the federal level. It's even been slower to get the resources to Americans in crisis, and that is why this entire agency needs to be eliminated as it exists today, and remade into a responsive agency."
President Donald Trump said last month he is in the process of beginning to "phase out" FEMA and that it would begin to "give out less money" to states and be directed out of the White House.
He first took a hatchet to FEMA back in February using the Department of Government Efficiency (DOGE), which eliminated 2,000 permanent employees, one-third of its total staff.
Noem has also boasted about using FEMA funds to carry out Trump's mass deportation crusade, including allocating hundreds of millions from the agency to build the so-called "Alligator Alcatraz" immigrant internment camp in Florida, as well as other detention facilities.
Before a House panel last month, former FEMA Administrator Deanne Criswell noted that the administration's cuts have made it harder for FEMA to respond in disaster areas.
"It just slows down the entire response and delays the recovery process from starting," Criswell said. "If the state director asks for a resource, then FEMA needs to be able to quickly respond and mobilize that resource to come support whatever that is. They still need the staff that are going in there. And so when you have less people, you're going to have less ability to actually fill those senior roles."
The revelation that Noem's policy may have contributed to the slowdown has only amplified calls by congressional Democrats to investigate how Trump administration cuts to FEMA and other services like the National Weather Service may have contributed to the devastation.
"During disasters, every second matters," said Rep. Joaquin Castro (D-Texas). "Noem must answer for this delay."
Congressman Greg Casar (D-Texas) said this disaster in his home state highlighted the need for federal agencies like FEMA.
"Year after year, Texans face deadlier fires, freezes, and floods." Casar said. "As we continue to support first responders and grieving families after the terrible flooding, we will need investigations at every level of government of what went wrong and what could save lives in future."
"We must stop the dismantling of federal agencies that are supposed to keep us safe from the next disaster," he added.
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'Partisan Power Grab': Amid Flood Crisis, Abbott Tucks Gerrymandering Ploy Into Special Session
"This is an attack on democracy," said the head of the National Democratic Redistricting Committee. "Trump and Republicans in Congress know that they cannot win fairly in 2026, so they are demanding that Abbott cheat."
Jul 10, 2025
As the death toll rises and recovery efforts continue in the wake of disastrous flooding in central Texas, the state's Republican governor announced Wednesday that an upcoming special legislative session will include an effort to redraw congressional districts ahead of the 2026 midterms.
Gov. Greg Abbott's decision to include a rare mid-decade redistricting push on the special session agenda drew immediate outcry from Democratic lawmakers and pro-democracy advocates, who accused the Republican leader of trying to boost his party's electoral prospects at a time when his focus should be on flood response, recovery, and future prevention.
"While search and recovery is ongoing, this black-hearted governor added a partisan power grab to a 30-day agenda that should be all about ensuring this NEVER HAPPENS AGAIN," Texas state Rep. Gina Hinojosa (D-49) wrote on social media.
"I am often disappointed in Greg Abbott," Hinojosa added, "but this is revolting."
The special session is set to begin on July 21, and the agenda Abbott unveiled Wednesday does include several items related to the disastrous flooding that killed at least 120 people.
But the redistricting item, buried near the bottom of the agenda outline, sparked immediate ire and warnings that the Texas governor is doing U.S. President Donald Trump's bidding. Last month, The New York Times reported that Trump's political team "is encouraging Republican leaders in Texas to examine how House district lines in the state could be redrawn ahead of next year's midterm elections to try to save the party's endangered majority."
The state's congressional map is already aggressively gerrymandered. The Biden Justice Department sued over the maps in late 2021, but the Trump administration dropped the legal fight earlier this year.
"Now, Texas Republicans want to enact an even more egregious gerrymander, because they are afraid of voters who are furious with their unpopular MAGA agenda and horrific budget bill."
In a July 7 letter to Abbott and Texas Attorney General Ken Paxton, the Trump Justice Department urged the state's officials to redraw four districts—three of which are currently represented by Democrats and one that is vacant but was previously represented by late Democratic Rep. Sylvester Turner.
Abbott's Wednesday announcement of the special session agenda specifically cites the Justice Department's letter, which claimed the four targeted districts amount to unconstitutional racial gerrymanders. Abbott's office called for the Republican-controlled Texas Legislature to craft "legislation that provides a revised congressional redistricting plan in light of constitutional concerns raised by the U.S. Department of Justice."
John Bisognano, president of the National Democratic Redistricting Committee, said in a statement Wednesday that "despite the fact that Texas is in a state of emergency, instead of focusing on the well-being of his constituents, Governor Abbott's focus is how Republicans can enact a mid-decade gerrymander to secure unearned power ahead of the 2026 midterm elections."
"Texas' congressional map already silences the voices of thousands of Texans," said Bisognano. "That's why Texas voters have spent the last three years in court challenging it for violating the Voting Rights Act of 1965. Now, Texas Republicans want to enact an even more egregious gerrymander, because they are afraid of voters who are furious with their unpopular MAGA agenda and horrific budget bill."
"This is an attack on democracy," he added. "Trump and Republicans in Congress know that they cannot win fairly in 2026, so they are demanding that Abbott cheat."
Democratic National Committee Chair Ken Martin also denounced Abbott's ploy, saying that the governor's "full attention should be focused on flood rescue and recovery efforts."
"Instead, he's using this tragic moment to plot a gerrymandering scheme while families are still reeling from a devastating disaster," said Martin. "Republicans have already gone all-in on taking away healthcare, taking away food, and raising costs on families. Now, they want to disenfranchise Texas voters during a dire emergency. This is despicable and needs to be called out."
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Senate Climate Champion Says Dems, Groups Taking It Too Easy on 'Malevolent' Fossil Fuel Industry
"If you wait to fight until the polls tell you an issue is important, the battle can be over before you show up," said Sen. Whitehouse.
Jul 10, 2025
Rhode Island Democratic Sen. Sheldon Whitehouse, who has long been a chief advocate for taking action on human-induced climate change, challenged both his own party and environmental advocacy groups on Wednesday to step up the intensity of their battle against the fossil fuel industry.
As reported by The Guardian, Whitehouse delivered his 300th speech on the Senate floor warning about the dangers of climate change, and he said that proponents of taking action to combat it have for too long been "too cautious and polite" when dealing with the big oil and gas companies.
Watch the full speech:
In particular, Whitehouse singled out the fossil fuel industry for warping the debate about climate change by spending decades pushing misinformation aimed at deceiving the public about the realities of the climate emergency—an effort that he characterized as "the biggest and most malevolent propaganda operation the country has ever seen." Additionally, Whitehouse said the industry was behind the right-wing capture of the United States Supreme Court and the flood of dark money into American elections that has benefited giant corporate interests and blocked meaningful action on climate change.
"Think of all three special-interest campaigns as a single covert operation," he said. "A covert op run against America by forces within our country: An enemy within of creepy billionaires, fossil fuel interests, and far-right foundations determined to impose on the country a blighted and unpopular vision that they could never achieve democratically."
He then argued that proponents of climate action needed to move with speed to counter such forces before lamenting that Democrats always "showed up too late" to make a difference at key points in recent history.
"I'd say my party fell into a rut," he said. "We too often allowed pollsters to determine our priorities. There are uses for pollsters in politics, but pollsters should not set priorities. Politicians worth their salt should set their own priorities, using their own judgement, based on their own interactions with their constituents, and their own powers of foresight and anticipation."
He went on to say that "if you wait to fight until the polls tell you an issue is important, the battle can be over before you show up."
Whitehouse contrasted Democrats' use of polling to dictate their agendas with Republicans' use of polling to determine how to mold and shape public opinion to their desired outcomes. What's more, he said Democrats' reliance on polls and focus groups to determine messaging had damaged the party's brand among voters who see it as weak and without principles.
"If you're always meeting voters where they are or were, they'll begin to notice that you never have anything new to say, that they never learn anything from you, that you're not a leader but a follower," he said. "That sense of political listlessness quietly sinks in and informs the political refrain: Republicans are shameless, Democrats are spineless."
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