Keystone Pipeline Lawsuit Tossed

Citing an amicus brief filed by TC Energy, a federal judge on Jan. 6 dismissed as moot a 23-state case filed against President Biden over his decision to cancel the Keystone XL pipeline cross border permit on his first day in office.

In his decision, U.S. District Judge Jeffrey Brown wrote, “...the court takes TC Energy at its word that Keystone XL is dead. And because it is dead, any ruling this court makes on whether President Biden had the authority to revoke the permit would be advisory. Thus, the court has no jurisdiction and the case must be dismissed as moot.”

Biden campaigned on canceling the Canadian pipeline project, which would have run through Valley County, after having opposed it during his time as Vice President under President Barack Obama.

Obama punted the controversial political decision to his successor, President Donald Trump, who vociferously supported the pipeline.

Biden was sworn into office on Jan. 20, 2021.

The Billings Gazette reported Alberta Premier Jason Kenney expressed deep concern about Biden’s intent to rescind TC Energy’s permit for KXL.

“Doing so would kill jobs on both sides of the border, weaken the critically important Canada-U.S. relationship, and undermine U.S. national security,” Kenney said.

Kenney further vowed to use all legal avenues in working with TC Energy to protect its interest in the project.

Other Canadian leaders expressed differing opinions.

Federal Conservative Leader Erin O’Toole urged Trudeau to pursue a course to move KXL forward, while Green Party Leader Annamie Paul was supportive of the incoming U.S. president’s decision.

Montana Attorney General Austin Knudsen, in March, Texas Attorney General Ken Paxton and 19 other state attorneys general filed suit in United States District Court for the Southern District of Texas to block Biden’s attempt to cancel the Keystone XL Pipeline. The Keystone XL pipeline would have crossed into the United States in northern Montana and passed through six counties – five of which are designated as high-poverty areas.

In response to the Jan. 6 dismissal of the lawsuit, Knudsen said “recent events have made it clear that we need more, not less, domestic energy supply. The Keystone XL or a similar pipeline could have provided that. Instead, Montanans are once again paying the price for President Biden’s disastrous energy policies that pander to his coastal elite base without even a perceived environmental benefit.”

It is unfortunate “that the important constitutional question in this case – if the president can revoke a congressionally approved cross-border permit – will go unanswered because TC Energy inserted itself into the court proceedings unprompted,” Knudsen continued. “This also deprived Montanans and residents of other states who would have benefited from the pipeline’s jobs and tax revenue of their day in court.”

However, “it should have never come to this point,” Knudsen added. “Democrats played political games with this project for years, and when his vote mattered and economic opportunity for rural Montana communities was on the line, Senator Tester was a deciding vote against the Keystone XL pipeline.”

After voting for the measure to support the pipeline, Sens. Joe Manchin and Jon Tester voted against it, joining the rest of the Democratic caucus early in passing an amendment by Senate Majority Leader Charles E. Schumer to strip the Keystone XL language from the budget resolution. A vote from either Manchin or Tester would have saved the Keystone amendment, sponsored by Sen. Steve Daines, (R-Montana), aimed at boosting legislation to authorize the pipeline after President Biden moved to end it on his first day in office.

“Joe Biden declared war on Made in America energy on Day One by killing the Keystone XL pipeline,” Daines said. “Now, Montanans are paying the price. While it’s very disappointing to see this case thrown out, I’m glad to see Attorney General Knudsen put up a hard fight.”