Contact Person:

Chloe Marie Research Specialist

Phone:

Email:

cjm445@psu.edu

Case Law

The Keystone XL Pipeline-related cases

Indigenous Environmental Network et al. v. U.S. Department of State, et al.
(USDC Montana, No. 4:17-cv-00029)

Indigenous Environmental Network and North Coast Rivers Alliance sued the U.S. Department of State over the presidential approval of the Keystone XL pipeline project and argued it violates the National Environmental Policy Act (NEPA) and the Administrative Procedure Act. Plaintiffs also alleged that the Final Supplemental EIS for the project is “legally inadequate” pursuant to NEPA.

The U.S. District Court granted in part and denied in part Plaintiffs’ motions for summary judgment and Defendants’ cross-motions for summary judgment. The district court also vacated the Departments Mar. 23, 2017 Record-of-Decision (ROD) and granted plaintiffs’ request for injunctive relief.

The U.S. District Court dismissed without prejudice Plaintiffs’ claim 2 relating to the need for TransCanada to obtain a right-of-way from the Bureau of Land Management (BLM).

TransCanada Keystone Pipeline, LP appealed the district court’s decisions to the U.S. Court of Appeals for the Ninth Circuit (No. 18-36068).

The Ninth Circuit Court of Appeals granted TransCanada Keystone Pipeline, LP and the Federal parties’ motion to dismiss these appeals as moot. The Appellate Court also ordered to vacate the district court’s Nov. 15, 2018 judgments, dissolve the district court’s permanent injunction orders, and remand to the district court with instructions to dismiss the court’s actions as moot (Ninth Circuit, No. 18-36068).

Northern Plains Resource Council, et al. v. U.S. Army Corps of Engineers, et al.
(USDC Montana, No. 4:19-cv-00044)

The U.S. District Court broadly vacated the use of Nationwide Permit (NWP) 12 for the construction and operation of utility lines, including oil and gas pipelines, and enjoined the Corps against the use of NWP 12 for any related activities, pending consultation and compliance with Section 7 of the Endangered Species Act (ESA).

The U.S. District Court amended its Apr. 15, 2020 order by narrowing down the vacatur and injunction remedies to the construction of new oil and gas pipelines.

The Corps appealed the U.S. District Court’s amended order to the U.S. Court of Appeals for the Ninth Circuit (No. 20-35412)

The Corps filed an emergency motion for a partial stay of both District Court’s Apr. 15, 2020 and May 11, 2020 orders pending appeal (Ninth Circuit, No. 20-35412).

The Ninth Circuit Court of Appeals rejected the Corps’ emergency motion (Ninth Circuit, No. 20-35412).

The Corps asked the U.S. Supreme Court for a stay of the District Court’s amended order, pending appeal in the U.S Court of Appeals for the Ninth Circuit and pending further proceedings in this court (U.S. Sup. Ct. No. 19A1053)

The U.S. Supreme Court partially granted, without delivering an opinion, the Corps a stay of the District Court’s amended order, vacating and enjoining the use of NWP 12 for new pipeline construction. This stay, however, does not apply to the Keystone XL Pipeline NWP 12 approval (U.S. Sup. Ct. No. 19A1053).

  • Order (Jul. 6, 2020)

TransCanada Keystone Pipeline, LP et al. v. Kerry et al.
(USDC S.D. Texas, No. 4:16-cv-00036)

TransCanada Keystone Pipeline, LP, challenged a Presidential determination denying a cross-border permit for the Keystone XL Pipeline project, and thus prohibiting its construction. The complaint states, “[t]his case presents the question whether the constitution grants the President unilateral power, unsupported by any statute and contrary to the expressed wishes of Congress, to prohibit the further development of the Keystone XL Pipeline on the basis that the pipeline would cross a U.S. border and would, if permitted to proceed, undercut the President’s influence in international climate change negotiations.”

The U.S. District Court suspended the proceedings for a period of 90 days or until May 1, 2017; thus, providing plaintiffs an opportunity to receive a decision from the U.S. Department of State regarding the renewed permit application.

The U.S. District Court dismissed the case following the granting of a presidential permit allowing the construction of the Keystone XL pipeline across the border from Canada to the U.S. and voluntary dismissal.