By: Taygan Mullins
Less than twenty-four hours after the inauguration of Joe Biden as the 46th President of the United States, the Biden administration reversed the actions of the previous administration by rescinding the March 2019 permit that had been granted to TC Energy Corporation for the Keystone XL pipeline.[i] First proposed in 2008, the Keystone XL Pipeline would have expanded upon an existing network of pipelines designed to transport vast quantities of oil from Alberta, Canada to Nebraska before being pumped towards the Gulf of Mexico.[ii] Although Canadian officials approved the project over ten years ago, it has been a hotly contested issue in the United States ever since its proposal, with the views on the project changing from administration to administration.[iii] Opponents of the plan are made up of a diverse coalition of ranchers, farmers, indigenous groups, and environmental activists citing concerns about possible oil seepage, damage to fragile ecosystems, and encroachment on the sovereignty of several native American tribes in the region.[iv] Supporters of the agreement and the pipeline claimed that Keystone XL would provide much-needed employment across the heartland, and reduce reliance on oil from the Middle East.[v]
Opponents of the pipeline were jubilant after the President’s announcement, however, reactions from Keystone supporters and foreign leaders have been mixed. Justin Trudeau, the Prime Minister of Canada, has already expressed his disappointment regarding the fate of the Keystone pipeline.[vi] Although many viewed this as a chance for the new administration to repair the strained relationship between the United States and Canada, the termination of the Keystone agreement has done nothing to close the divide between the two nations. Further, the TC Energy Corporation has been weighing the possibility of legal action to recoup the losses they suffered as a result of the permit’s denial.[vii]
In the January 20th order, the Biden administration stated that it was revoking the Keystone permit due, in part, to the dangers posed by climate change and the President’s plan to reposition the United States as a global leader in renewable energy.[viii] The administration argued that allowing construction of the pipeline would undercut the nation’s credibility when attempting to convince other nations to enact substantive climate change policies.[ix] These justifications echoed many of the sentiments shared by groups that had opposed the construction of the pipeline, such as the Natural Resources Defense Council, who had been spearheading much of the organized opposition to the Keystone project.[x]
Despite what may seem like a resounding victory for the environment and enemies of the Keystone pipeline, the battle may be far from over. Since the pipeline’s inception, progress on the pipeline has started and stalled with each change of presidential administration.[xi] Should the next administration have a different stance on climate change and renewable energy, there is a possibility that the permit may be renewed and construction may begin yet again, putting the activists back at square one. In addition, several members of Congress have requested meetings with the President to discuss the future of the TC Energy pipeline and what it means for their constituents.[xii] In short, while advocates for environmental justice and clean energy may have been victorious, the battle over the pipeline seems to be far from over.
[i] Exec. Order No. 13990, 86 Fed. Reg. 7037, 7041 (Jan. 21, 2021)
[ii] Vipal Monga, What Is the Keystone XL Pipeline and Why Did President Biden Issue an Executive Order to Block It? Wall St. J. (Jan 21, 2021) https://www.wsj.com/articles/what-is-the-keystone-xl-pipeline-and-why-did-president-biden-issue-an-executive-order-to-block-it-11611240342 [https://perma.cc/23DP-YGRK].
[iii] Id.
[iv] Keystone XL pipeline: Why is it so disputed? BBC (Jan. 21, 2021) https://www.bbc.com/news/world-us-canada-30103078 [https://perma.cc/GC7T-XY92]; Danielle Ferguson, South Dakota Tribes Applaud Cancellation of Keystone XL Pipeline, Thune Decries 'Bad Decision', Sioux Falls Argus Leader (Jan 21, 2021) https://www.argusleader.com/story/news/2021/01/21/south-dakota-tribes-applaud-cancellation-biden-keystone-xl-pipeline/4243581001/ [https://perma.cc/DDG6-Y2NQ].
[v] Supra note iv.
[vi] Trudeau Conveys Keystone Pipeline 'Disappointment' to Biden, BBC (Jan. 23, 2021)
https://www.bbc.com/news/world-us-canada-55773243 [https://perma.cc/2BGF-TSPT].
[vii] Fatima Aslam, et al., The Keystone Pipeline: What Happens Next?, JD Supra (Feb. 3, 2021), https://www.jdsupra.com/legalnews/the-keystone-xl-pipeline-what-happens-1069399/ [https://perma.cc/VR8Z-NWXR].
[viii] Supra note i.
[ix] Id.
[x] Melissa Denchak, What is the Keystone XL Pipeline?, Nat. Res. Def. Council (Jan. 20, 2021) https://www.nrdc.org/stories/what-keystone-pipeline [https://perma.cc/FK9Q-PMWS].
[xi] Id.
[xii] Rachel Frazin, Republicans Introduce Longshot Bill to Circumvent Biden on Keystone XL, The Hill (Feb. 02, 2021, 4:05 PM) https://thehill.com/policy/energy-environment/537017-republicans-introduce-longshot-bill-to-circumvent-biden-on-keystone [