Supporters of the proposed Keystone XL pipeline have gone to Montana federal court contending President Trump’s decision in March to approve a permit for the project is not within the court’s jurisdiction.
The supporters responded to legal action taken by environmental and tribal groups that are fighting the project which will stretch across Montana, South Dakota and Nebraska. In a Friday filing, the supporters stated, “”In 2008, TransCanada proposed the Keystone XL Pipeline as an expansion to its existing Keystone Pipeline System. It would transport up to a nominal 830,000 barrels per day of crude oil produced in Alberta and Montana to Illinois, Oklahoma and Texas.”
The southern section of the pipeline has been completed and operational for more than two years, carrying oil from Cushing, Oklahoma to the Gulf Coast refineries.
The environmentalists contend the Trump administration used outdated environmental review when it approved the project and did so in violation of the National Environmental Policy Act.
The filing on Friday by TransCanada is similar to one filed a week earlier by the Trump administration. Both filings contend the approval of the permit was made under presidential authority and is not reviewable in court.
“Simply put, the issuance of the Presidential Permit and the Department’s compliance with NEPA are unreviewable Presidential actions,” the company told the court.
A decision on the case isn’t expected for a few months.