Twenty-one states led by Texas sued the Biden administration Wednesday over its revocation of the Keystone XL pipeline permit. They claim the administration has sought to “leverage its power regarding U.S. foreign policy to unilaterally contradict Congress’s stated domestic policy” with regards to the Keystone XL pipeline.
The states claim that President Joe Biden’s executive order is “regulation of interstate and international commerce,” which may only be regulated via “bicameralism and presentment.” This authority could not be delegated by Congress.
They claim that Biden did not consider the far-reaching consequences of canceling the pipeline. The states believe that there will be vast economic consequences including millions of lost tax revenue and impact on rural communities because of job loss. They also claim that there will be a negative economic and environmental impact in non-pipeline states. They will spend more money transporting gas and train transportation will have a negative impact on the environment.
They seek a declaratory judgment affirming that the administration may not revoke the pipeline because it exceeds its authority. They also want a declaratory judgment stating that the revocation was arbitrary and capricious and that the Cabinet members should have gone through the notice and comments process prior to any decision.
Finally, they seek to permanently enjoin the administration from taking any action to revoke the pipeline permits.
