21 Republican-Led States Sue Biden Over Keystone XL Rejection

The coalition of states led by Texas and Montana sued in court Wednesday to overrule Biden’s rejection of the oil pipeline on his first day in office.

What We Know:

  • The lawsuit was filed in U.S. District Court in Southern Texas. The 19 other states included in the lawsuit are Alabama, Arizona, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming.
  • Led by Texas Attorney General Ken Paxton and Montana’s Austin Knudsen, they claimed that Biden had exceeded his authority by revoking the Keystone pipeline’s permit. Because the pipeline would pass through multiple states, the lawsuit argues that Congress should have the final word over whether it’s built, according to AP.
  • Paxton said in a statement that “the power to regulate foreign and interstate commerce belongs to Congress — not the President.”

“Since his first day in office, President Biden has made it his mission to undo all the progress of the previous administration, with complete disregard for the Constitutional limits on his power. His decision to revoke the pipeline permit is not only unlawful but will also devastate the livelihoods of thousands of workers, their families, and their communities,” said Paxton.

  • The proposed pipeline would bring oil from tar sands in Alberta, Canada, to refineries along the Texas Gulf Coast. Many of the states included in the lawsuit aren’t near the pipeline’s path; they argue that canceling the project would create a “ripple effect” that negatively impacts other communities and states. Construction of the pipeline requires a presidential permit because it crosses a foreign border.
  • Earlier this month, 12 states, some included in the lawsuit, sued the President over an executive order that directs officials to figure out the “social cost” of greenhouse gases. Determining the benefits of energy usage is “quintessentially legislative power,” they said.

Construction on the 1200-mile pipeline began under the Trump administration last year after it was blocked under Obama. The pipeline is drawing heavy criticism from environmental and social justice activists, as the project is planned to run through several Native American communities.