Keystone XL Won't Move Forward in 2019

After a year of ups and downs and a last-ditch effort by President Trump to keep the construction season on track, TransCanada Executive Vice President Paul Miller stated the project has missed their 2019 construction season due to court delays.

In October 2018, truckloads of pipes to be used in the construction of the Keystone XL Pipeline were seen across Northeast Montana, travelling to staging areas along the pipelines’ future route in northern Phillips and Valley County. Preparations for worker camp construction were also underway and projected to go near Glendive and Hinsdale. The construction and installation of modular units were supposed to begin this spring, when workers were also anticipated to travel into the area.

All those plans changed when Montana-based Federal Judge Brian Morris blocked construction of the pipeline on Nov. 8, in U.S. District Court of the District of Montana in Great Falls. According to court documents, environmental and tribal groups sued the U.S. State Department, TransCanada Keystone Pipeline and the TransCanada Corporation, alleging the department violated various national laws when it published its Record of Decision and National Interest Determination. In response to the court filing, Judge Morris vacated the department’s record of decision, forcing the State Department to go back through the process and start over. An injunction was also issued against any further construction on the Keystone XL pipeline. TransCanada appealed the decision to the 9th U.S. Circuit Court of Appeals.

Less than a month later on Nov. 28, Judge Morris ruled that TransCanada can continue to do preliminary work regarding the pipeline while his order blocking construction would still be in effect. The ruling was in response to TransCanada arguing Judge Morris should clarify or amend his ruling for the injunction in order to include applying to finalize contracts, purchasing materials, conduct land surveys and discuss federal permits, as the company wants to continue preparing in order to allow construction to start that following February.

In January, TransCanada attorneys again argued to request that construction of worker camps and pipe yards be allowable in order to stay on schedule for construction. In the hearing, they stated if pre-construction work is allowed to begin by Feb. 1, construction of the pipeline would occur as early as June, however if it’s allowed to begin by March 15, work could begin in August. Roughly a month later, Judge Morris made his ruling that he would mostly keep the injunction in place, denying the request to begin construction on worker camps. He did state TransCanada could perform some limited activities such as the construction and use of pipe storage and container yards, purchase materials, perform land surveys and finalize contracts.

On March 29, President Trump signed a new order issuing a new permit for the Keystone XL Pipeline in order to challenge rulings made by Judge Morris to block the project. The permit would allow construction work even while the case on whether or not construction would continue is pending in the 9th Circuit Court of Appeals. The new permit replaced the previous permit issued in March 2017, and grants permission to “construct, connect, operate and maintain” the pipeline in U.S. territory.

The President’s order however does not allow full construction and the injunction placed by Judge Morris is still in effect. The case is currently pending in the 9th U.S. Circuit Court of Appeals.