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#15-美国能源和气候变化最新案例及动态-第十五期

FEATUREDCASE

MontanaFederalCourtDeniedMotionstoDismissChallengestoKeystoneXLPipeline

ThefederaldistrictcourtfortheDistrictofMontanadeniedmotionstodismisslawsuitschallengingthepresidentialpermitfortheKeystone XL Pipeline. The court rejected the federal defendants’ and intervenor TransCanada Corporation’s (TransCanada’s) contention that issuance of the permit was unreviewable presidential action. The court found that President Trump had waived any authority he retained to make the final decision on the presidential permit when he issued a presidential memorandum on the Keystone XL Pipeline on January 24, 2017. The court said the State Department had taken final agency action when it published the record of decision and national interest determination for the pipeline and issued the presidential permit. The court also found that the federal defendants and TransCanada had not met their burden of establishing that Congress had committed to agency discretion the State Department’s determinations. In addition, the court found that the plaintiffs had alleged procedural injuries that could be redressed through the procedural remedy of adequate review under the National Environmental Policy Act (NEPA). The plaintiffs alleged, among other claims, that the defendants failed to adequately disclose climate impacts and failed to consider alternatives that would obviate the need for more crude oil. The court also allowed an Endangered Species Act claim to proceed and decided to hold a NEPA claim against the Bureau of Land Management in abeyance until BLM issued a final decision. Indigenous Environmental Network v. U.S. Department of State, No. 4:17-cv-00029 (D. Mont. Nov. 22, 2017); Northern Plains Resource Council v. Shannon, No. 4:17-cv-00031 (D. Mont. Nov. 22, 2017).

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