Judge Dismisses Keystone Lawsuit
A multi-state lawsuit challenging President Biden’s cancellation of the Keystone XL pipeline project was dismissed by a federal judge on Thursday, Jan. 6.
U.S. District Judge Jeffrey Vincent Brown, an appointee by former President Donald Trump, ruled that TC Energy’s decision to end the $8 billion project in June means the court has no jurisdiction to consider the lawsuit in the Southern District of Texas. “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.”
U.S. Sen. Steve Daines, R-Mont, expressed his disappointment with the ruling.
“Joe Biden declared war on Made in America energy on Day One by killing the Keystone XL pipeline. 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,” Daines said.
A total of 23 states were part of the lawsuit.
“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,” Montana Attorney General Austin Knudsen said. “It’s 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. 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. 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, Sen. Tester was a deciding vote against the Keystone XL pipeline.”
During a national interview on Fox News in March, Knudsen said the pipeline was going to create almost 4,000 jobs in Montana.
“This was a huge project for the state of Montana, let alone other states down the line,” Knudsen said.
Knudsen argued that Biden doesn’t have the authority to cancel the pipeline. He noted Article 1, section 8 of the constitution states that foreign and interstate commerce regulation is a power reserved to Congress not for the president.
“President Obama had his chance to veto this back in 2011,” Knudsen said. “This project was approved by Congress. Only Congress can undo its own act.”
