Keystone XL Back in Progress

After many months, many legal battles and many arguments from both sides, the Keystone XL pipeline project has been given the go-ahead to proceed due to a 9th U.S. Circuit Court of Appeals ruling on June 6.

The three judge panel ordered a dismissal of the lawsuit brought to the courts by environmental and Native American groups in November and U.S. District Judge Brian Morris’, of Great Falls, injunction on the project citing inadequate environmental impacts of the pipeline. The judge panel stated when President Trump issued a new permit for the project in March of this year, any issues associated with the previous permits are no longer valid, and therefore any injunctions associated with those issues no longer applies. The judge panel also agreed with Justice Department attorneys, who argued Trump’s new permit nullifies the legal challenge involving environmental impacts.

The ruling came as victory for TransCanada and the Trump administration, as now the project’s construction can be restarted. “We are pleased with the ruling,” stated TransCanada Energy spokesman Matthew John. “We look forward to advancing the project.” John however has not responded to questions on whether the ruling would change the construction schedule. At the beginning of May, TransCanada Executive Vice President Paul Miller stated the project had missed the 2019 construction season as a result of court delays associated with Morris’ injunction.

The legal battles might not be completely over, as attorneys for Native American and environmental groups state the new permit Trump issued also has flaws. They have filed another ongoing lawsuit to block the new permit. Attorney Stephan Volker, who represents the Indigenous Environmental Network and North Coast Rivers Alliance, two plaintiffs in the case, said he would request another judge’s order to block the project if he thought there was a chance of construction beginning immediately, as reported by the Associated Press. Representatives from other environmental groups involved in the case have also vowed to keep fighting to prevent the project from continuing.