US Supreme Court deals blow to Keystone oil pipeline project

By MATTHEW BROWN Associated Press Jul 6, 2020 Updated 13 hrs ago BILLINGS, Mont. (AP) — The U.S. Supreme Court handed another setback to the Keystone XL oil sands pipeline from Canada on Monday by keeping in place a lower court ruling that blocked a key environmental permit for the project. Canadian company TC Energy needs the permit to continue building the long-disputed pipeline across U.S. rivers and streams. Without it, the project that has been heavily promoted by President Donald Trump faces more delay just as work on it had finally begun this year following years of courtroom battles. Monday's Supreme Court order also put on hold an earlier court ruling out of Montana as it pertains to other oil and gas pipelines across the nation. That’s a sliver of good news for an industry that just suffered two other blows — Sunday's cancellation of the $8 billion Atlantic Coast gas pipeline in the Southeast and a Monday ruling that shut down the Dakota Access oil pipeline in North Dakota. In the Keystone case, an April ruling from U.S. District Judge Brian Morris in Montana had threatened to delay not just Keystone but more than 70 pipeline projects across the U.S., and add as much as $2 billion in costs, according to industry representatives. Morris agreed with environmentalists who contended a U.S. Army Corps of Engineers construction permit program was allowing companies to skirt responsibility for damage done to water bodies. But the Trump administration and industry attorneys argued the permit, in place since the 1970s, was functioning properly when it was cancelled by Morris over concerns about endangered species being harmed during pipeline construction. Monday's one-paragraph order did not provide any rationale for the high court's decision. The corps suspended the program following Morris' April ruling. Agency officials could not be immediately reached for comment. TC Energy spokesman Terry Cunha said the company is not giving up on Keystone, but it will have to delay large portions of the 1,200-mile (1,900-kilometer) oil sands pipeline. The company started construction last week on a 329-mile (530-kilometer) section of the line in Alberta. That work will continue while the company wages its court fight in the U.S., Cunha said. An attorney for one of the environmental groups involved in the case called Monday's order a major victory in the fight against Keystone. But he acknowledged the plaintiffs had hoped to hamper oil and gas projects nationwide. “Our focus was originally on Keystone, so we're very happy the court order ensures it can't move forward under this unlawful permit,” said Jared Margolis, an attorney with the Center for Biological Diversity. Pipeline industry representatives said the order means thousands of workers whose jobs were threatened can continue working. A coalition of 18 states had backed the Trump administration in the case. West Virginia Attorney General Patrick Morrisey said the Supreme Court's action “ensures that one Montana district court judge doesn't possess the power to drive national policy on such a critical issue." The order returns the case to the U.S. 9th Circuit Court of Appeals for further consideration. Keystone was proposed in 2008 and would carry up to 830,000 barrels (35 million gallons) of crude daily to Nebraska, where it would be transferred to another TC Energy pipeline for shipment to refineries and export terminals on the Gulf of Mexico. It was rejected twice under the Obama administration because of concerns that it could worsen climate change. Trump revived it and has been an outspoken proponent of the $8 billion project. TC Energy’s surprise March 31 announcement that it intended to start construction amid a global economic crisis caused by the coronavirus pandemic came after the provincial government in Alberta invested $1.1 billion to jump-start the work. The company finished building the first piece of Keystone XL across the U.S. border in late May and started work on labor camps in Montana and South Dakota.

Army denies Dakota pipeline permit, in victory for Native tribes

Sun Dec 4, 2016 | 7:10 PM EST ‹ Morton County Sheriff Kyle Kirchmeier, takes part in an interview with Reuters at his office in Mandan, North Dakota, U.S., December 3, 2016. REUTERS/Andrew Hofstetter 10/10 Morton County Sheriff Kyle Kirchmeier, takes part in an interview with Reuters at his office in Mandan, North Dakota, U.S., December 3, 2016. Reuters/Andrew Hofstetter Oglala Sioux tribal elder Lance King (C) and Chief Arvol Looking Horse of Green Grass South Dakota, who is the spiritual leader of the Lakota, Dakota and Nakota Sioux Nations (C) listen as activist Dr. Cornel West speaks during an interfaith ceremony inside of the Oceti Sakowin camp as demonstrations continue against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, North Dakota, U.S., December 4, 2016. REUTERS/Lucas Jackson 1/10 Oglala Sioux tribal elder Lance King (C) and Chief Arvol Looking Horse of Green Grass South Dakota, who is the spiritual leader of the Lakota, Dakota and Nakota Sioux Nations (C) listen as activist Dr. Cornel West speaks during an interfaith ceremony inside of the Oceti Sakowin camp as demonstrations continue against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, North Dakota, U.S., December 4, 2016. Reuters/Lucas Jackson People celebrate in Oceti Sakowin camp as ''water protectors'' continue to demonstrate against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, North Dakota, U.S. December 4, 2016. REUTERS/Stephanie Keith 2/10 People celebrate in Oceti Sakowin camp as ''water protectors'' continue to demonstrate against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, North Dakota, U.S. December 4, 2016. Reuters/Stephanie Keith People celebrate in Oceti Sakowin camp as ''water protectors'' continue to demonstrate against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, North Dakota, U.S. December 4, 2016. REUTERS/Stephanie Keith 3/10 People celebrate in Oceti Sakowin camp as ''water protectors'' continue to demonstrate against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, North Dakota, U.S. December 4, 2016. Reuters/Stephanie Keith Chief Arvol Looking Horse of Green Grass South Dakota, who is the spiritual leader of the Lakota, Dakota and Nakota Sioux Nations (C) of Green Grass South Dakota listens to speakers inside of the Oceti Sakowin camp as demonstrations continue against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, North Dakota, U.S., December 4, 2016. REUTERS/Lucas Jackson 4/10 Chief Arvol Looking Horse of Green Grass South Dakota, who is the spiritual leader of the Lakota, Dakota and Nakota Sioux Nations (C) of Green Grass South Dakota listens to speakers inside of the Oceti Sakowin camp as demonstrations continue against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, North Dakota, U.S., December 4, 2016. Reuters/Lucas Jackson People celebrate in Oceti Sakowin camp as ''water protectors'' continue to demonstrate against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, North Dakota, U.S. December 4, 2016. REUTERS/Stephanie Keith 5/10 People celebrate in Oceti Sakowin camp as ''water protectors'' continue to demonstrate against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, North Dakota, U.S. December 4, 2016. Reuters/Stephanie Keith People celebrate in Oceti Sakowin camp as ''water protectors'' continue to demonstrate against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, North Dakota, U.S. December 4, 2016. REUTERS/Stephanie Keith 6/10 People celebrate in Oceti Sakowin camp as ''water protectors'' continue to demonstrate against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, North Dakota, U.S. December 4, 2016. Reuters/Stephanie Keith Jim Blok, a veteran, walks past a veteran camp in Oceti Sakowin camp as ''water protectors'' continue to demonstrate against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, North Dakota, U.S. December 3, 2016. REUTERS/Stephanie Keith 7/10 Jim Blok, a veteran, walks past a veteran camp in Oceti Sakowin camp as ''water protectors'' continue to demonstrate against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, North Dakota, U.S. December 3, 2016. Reuters/Stephanie Keith Veterans attend a Sioux tribal welcome meeting at Sitting Bull College as ''water protectors'' continue to demonstrate against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, in Fort Yates, North Dakota, U.S., December 3, 2016. REUTERS/Stephanie Keith 8/10 Veterans attend a Sioux tribal welcome meeting at Sitting Bull College as ''water protectors'' continue to demonstrate against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, in Fort Yates, North Dakota, U.S., December 3, 2016. Reuters/Stephanie Keith Veterans attend a Sioux tribal welcome meeting at Sitting Bull College as ''water protectors'' continue to demonstrate against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, in Fort Yates, North Dakota, U.S. December 3, 2016. REUTERS/Stephanie Keith 9/10 Veterans attend a Sioux tribal welcome meeting at Sitting Bull College as ''water protectors'' continue to demonstrate against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, in Fort Yates, North Dakota, U.S. December 3, 2016. Reuters/Stephanie Keith Morton County Sheriff Kyle Kirchmeier, takes part in an interview with Reuters at his office in Mandan, North Dakota, U.S., December 3, 2016. REUTERS/Andrew Hofstetter 10/10 Morton County Sheriff Kyle Kirchmeier, takes part in an interview with Reuters at his office in Mandan, North Dakota, U.S., December 3, 2016. Reuters/Andrew Hofstetter Oglala Sioux tribal elder Lance King (C) and Chief Arvol Looking Horse of Green Grass South Dakota, who is the spiritual leader of the Lakota, Dakota and Nakota Sioux Nations (C) listen as activist Dr. Cornel West speaks during an interfaith ceremony inside of the Oceti Sakowin camp as demonstrations continue against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, North Dakota, U.S., December 4, 2016. REUTERS/Lucas Jackson 1/10 Oglala Sioux tribal elder Lance King (C) and Chief Arvol Looking Horse of Green Grass South Dakota, who is the spiritual leader of the Lakota, Dakota and Nakota Sioux Nations (C) listen as activist Dr. Cornel West speaks during an interfaith ceremony inside of the Oceti Sakowin camp as demonstrations continue against plans to pass the Dakota Access pipeline near the Standing Rock Indian Reservation, near Cannon Ball, North Dakota, U.S., December 4, 2016. Reuters/Lucas Jackson › Army denies Dakota pipeline permit, in victory for. By Ernest Scheyder and Valerie Volcovici | CANNON BALL, N.D./WASHINGTON The U.S. Army Corps of Engineers said on Sunday it turned down a permit for a controversial pipeline project running through North Dakota, in a victory for Native Americans and climate activists who have protested against the project for several months. A celebration erupted at the main protest camp in Cannon Ball, North Dakota, where the Standing Rock Sioux tribe and others have been protesting the 1,172-mile (1,885-km) Dakota Access Pipeline for months. It may prove to be a short-lived victory, however, because Republican President-elect Donald Trump has stated that he supports the project. Trump takes over from Democratic President Barack Obama on Jan. 20 and policy experts believe he could reverse the decision if he wanted to. The line, owned by Texas-based Energy Transfer Partners LP, had been complete except for a segment planned to run under Lake Oahe, a reservoir formed by a dam on the Missouri River. That stretch required an easement from federal authorities. The Obama administration delayed a decision on the permit twice in an effort to consult further with the tribe. "The Army will not grant an easement to cross Lake Oahe at the proposed location based on the current record," a statement from the U.S. Army said. Jo-Ellen Darcy, the Army's Assistant Secretary for Civil Works, said in a statement the decision was based on a need to explore alternate routes for the pipeline, although it remains unclear what those alternatives will be. Protesters have said the $3.8 billion project could contaminate the water supply and damage sacred tribal lands. "I hope they follow through here with this. They haven't been following the law all along. So we'll see - but this is a victory today for our people and our water," said Gerad Kipp, 44, an irrigation engineer from Missoula, Montana and a Native American. In a statement, Standing Rock Chairman Dave Archambault II thanked activists for their support in the protest effort. "The Standing Rock Sioux Tribe and all of Indian Country will be forever grateful to the Obama Administration for this historic decision," he said. "We want to thank everyone who played a role in advocating for this cause. We thank the tribal youth who initiated this movement." Protest organizers had for months argued that crossing the Missouri River adjacent to the Standing Rock Sioux Reservation presented a danger to their water source. Protests grew over the months, with hundreds of veterans flocking to the camp in recent days to stand against what they say are aggressive tactics from law enforcement. Activists at the camp were seen hugging each other and letting out Native American war cries on Sunday, but many remained wary, knowing that Trump has voiced support for the line. "It's not a 100 percent victory. But I think the people who've been here for almost eight months have earned the right to be excited today," said Eryn Wise, 26, an organizer with International Indigenous Youth Council, at the camp. 'FAILS TO RESOLVE ISSUE' North Dakota Congressman Kevin Cramer and Senator John Hoeven, both Republicans who favor the line, blasted the decision, saying it "violates the rule of law and fails to resolve the issue." Cramer, an adviser to Trump under consideration for a cabinet post, said the president-elect would "restore law and order." Trump has yet to react to Sunday's decision. "He [Trump] could approve the pipeline within a matter of hours of taking office," said Brigham McCown, the former head of the U.S. Pipeline and Hazardous Materials Safety Administration (PHMSA) under George W. Bush. "He can simply reinstate the previous decision or by executive order say that it’s part of national critical infrastructure and approve a permit." Still, the pipeline route's opponents said they hope the line will be rerouted. "We're hopeful that when the Trump administration takes office it will look at all of the priorities it has and that putting at risk the water supply of the Standing Rock Sioux isn't on their list," said Michael Brune, executive director of the Sierra Club. Any alternative route would still likely need to cross the Missouri River, probably upstream of Lake Oahe and closer to the state capital of Bismarck. Many pipelines travel under U.S. waterways already, and pipe is considered a safer way to transport crude oil than rail. North Dakota Senator Heidi Heitkamp, a Democrat, nodded to the fact that the next steps remain unclear, saying in a statement Sunday the pipeline "still remains in limbo." Energy Transfer has said in the past they did not intend to reroute the line. Even if the easement had been granted, it would have been months before the line was completed. Pipeline proponents are also looking to different policies from the incoming Trump administration, particularly after the Obama Administration's denial of the Keystone XL pipeline, which would have come down from Canada through Nebraska. A number of states and municipalities in the country have made it more difficult to build pipelines in recent years. "With the federal environmental assessment finding the current route will have the least impact on the environment, we're looking forward to getting past this administration's politicization of Dakota Access and future decisions made on the merits of this project," said John Stoody, a spokesman for the Association of Oil Pipe Lines, in Washington. A spokesperson for Energy Transfer Partners could not immediately be reached for comment. (Additional reporting by Terray Sylvester in Cannon Ball, and Jessica Resnick Ault in New York and Liz Hampton in Houston; Writing by David Gaffen; Editing by Chris Reese and Mary Milliken)