‘MOOT’: Judge Tosses 23-State Legal Challenge To Biden Authority In Revoking Keystone Permits

Eric Scheiner | January 10, 2022
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A federal judge has dismissed the 23-state case filed against Joe Biden over his executive order to cancel the Keystone XL pipeline cross border permit.

In his decision, U.S. District Judge Jeffrey Brown ruled that he couldn’t determine the constitutionality of Biden’s action because TC Energy, which was behind the pipeline project, had given up on the effort after resistance from the Biden administration.

Brown wrote that the court “takes TC Energy at its word that Keystone XL is dead. And 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."

Montana Attorney General Austin Knudsen issued the following statement in response:

“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.

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, Senator Tester was a deciding vote against the Keystone XL pipeline.”

For a look at a time line on the Keystone XL project and the impact of Biden’s executive actions on American energy independence, watch the video above.

Related: AOC Claims Canceled Keystone Pipeline Was Used To Move Natural Gas Out of the U.S. - It Wasn't

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