Description: Challenge to President Trump's revocation of the presidential permit for the Keystone XL pipeline, issuance of a new presidential permit, and authorization of the balance of the 875-mile project in the U.S.
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Indigenous Environmental Network v. Biden
Case Documents:
Filing Date Type File Action Taken Summary 03/11/2022 Order Download Complaint dismissed as moot. Montana Federal Court Said Challenge to Keystone XL Permit Was Moot. The federal district court for the District of Montana dismissed as moot a case brought by environmental groups to challenge President Trump’s issuance in 2019 of a Presidential Permit for the Keystone XL oil pipeline. President Biden revoked the Presidential Permit in January 2021. In May 2021, the court determined that the case was not moot because the court could still grant relief such as the removal of constructed portions of the project. Since that time, the project’s developer had removed the border-crossing segment of the pipeline at issue in this case and would relinquish a remaining right-of-way grant once reclamation measures were deemed successful. In addition, there was no longer a possibility that a federal court in Texas would reinstate the Presidential Permit because the Texas court had ruled that that the challenge to its revocation was moot and there was no appeal. 03/09/2022 Status Report Download Joint status report filed. 02/24/2022 Order Download Parties ordered to submit a joint status report regarding the status of any appeals or expected appeals in Texas v. Biden, No. 3:21-cv-00065. 01/14/2022 Notice Download Notice filed by defendants regarding mootness decision in Texas v. Biden. 01/12/2022 Notice Download TC Energy Corporation and TransCanada Keystone Pipeline, LP filed amended notice of dismissal of Texas v. Biden. 10/19/2021 Status Report Download Status report filed by TC Energy Corporation and TransCanada Keystone Pipeline, LP. 09/27/2021 Notice Download TC Energy Corporation and TransCanada Keystone Pipeline, LP filed notice of filing amicus brief in Texas v. Biden 09/17/2021 Status Report Download Status report filed by TC Energy Corporation and TransCanada Keystone Pipeline, LP. 07/30/2021 Order Download Motion to dismiss denied. District Court Denied Motion to Dismiss Challenge to 2019 Presidential Permit as Moot. On July 30, 2021, the district court (which previously determined that the revocation of the permit did not render the case moot) denied the developers’ motion to dismiss. The court found that nothing in the developers’ announcement of the termination of the project altered its earlier decision on mootness. The court said the 2019 permit continued to present a live controversy, and that, even if it did not, it met the mootness exception for voluntary cessation of unlawful activity. 07/21/2021 Opposition Download Memorandum filed by plaintiffs in opposition to TC Energy's motion to dismiss. 06/30/2021 Motion to Dismiss Download Memorandum filed by TC Energy Corporation and TransCanada Keystone Pipeline, LP in support of motion to dismiss based on mootness. 06/24/2021 Notice Download Notice filed by TC Energy Corporation and TransCanada Keystone Pipeline, LP regarding termination of Keystone XL pipeline. On June 24, 2021, the developers filed a notice reporting that the federal defendants agreed the case was moot but that the plaintiffs contended that the case still was not moot. 06/09/2021 Notice Download Notice filed by TC Energy Corporation and TransCanada Keystone Pipeline, LP regarding termination of Keystone XL pipeline. Keystone XL Developers Said Termination of Project Rendered Challenge to Presidential Permit Moot. In the case challenging President Trump’s issuance of a presidential permit for the Keystone XL Pipeline project, the Keystone XL developers on June 9, 2021 notified the federal district court for the District of Montana of the project’s termination. The developers contended that the project’s termination was a material change of circumstances that warranted reconsideration of the court’s May 28 ruling that the case was not moot despite President Biden’s revocation of the permit. The developers said they would confer with the parties to determine whether they agreed the case was now moot and that if any party disagreed, the developers would file a motion to dismiss. 05/28/2021 Order Download Court ruled that case was not moot. Montana Federal Court Said Biden Revocation of Keystone XL Permit Did Not Moot Pipeline Challenge. In the lawsuit challenging President Trump’s 2019 issuance of a presidential permit for the U.S.-Canada border segment of the Keystone XL pipeline, the federal district court for the District of Montana concluded that President Biden’s revocation of the permit did not render the plaintiffs’ claims moot. First, the court concluded that the case presented a live controversy because the court could order removal of the pipeline segment. In addition, the court found that the exception to mootness for voluntary cessation of unlawful activity would apply because the court could prevent President Biden or a future president from unilaterally issuing another permit. The court said it would issue an order on pending summary judgment motions “in due course.” 05/05/2021 Brief Download Brief filed by defendants regarding mootness. 05/05/2021 Memorandum Download Memorandum re mootness filed by plaintiffs. 05/05/2021 Response Download Response filed by TC Energy Corporation and TransCanada Keystone Pipeline, LP to court's order of April 7, 2021. 04/07/2021 Order Download Order issued directing the parties to submit briefs on whether the case was moot. 04/02/2021 Status Report Download Status report filed by defendants-intervenors in response to February 17, 2021 order. 04/02/2021 Status Report Download Status report filed by plaintiffs. 03/30/2021 Status Report Download Status report filed by defendants in response to the court's February 17, 2021 order. 02/17/2021 Order Download Case stayed. In Executive Order 13990, President Biden revoked the 2019 Presidential Permit for the Keystone XL pipeline. The federal district court for the District of Montana subsequently stayed two cases (this one and Rosebud Sioux Tribe v. U.S. Department of State) challenging the 2019 permit until April 5 and directed the parties to submit a status report before that date regarding whether the court should proceed with mootness briefing or continue the stay. 02/12/2021 Status Report Download Status report filed by defendants. 02/12/2021 Status Report Download Status report filed by plaintiffs. 02/12/2021 Status Report Download Status report filed by defendant-intervenors TransCanada Keystone Pipeline, LP and TC Energy Corporation. 02/02/2021 Order Download Order issued directing parties to file status reports in light of President Biden's executive order. 12/11/2020 Notice of Appeal Download Plaintiffs filed notice of appeal of preliminary injunction denial. 11/16/2020 Brief Download Supplemental brief filed by plaintiffs. 11/16/2020 Memorandum Download Memorandum filed by plaintiffs in response to court's October 16, 2020 order. 11/16/2020 Response Download Response filed by TC Energy Corporation and TransCanada Keystone Pipeline, LP to court's order of October 16, 2020. 10/16/2020 Order Download Preliminary injunction denied and leave to file amended complaint filed. Montana Federal Court Denied Requests to Stop Work on Keystone Pipeline, Asked for More Briefing on Separation of Powers Issues. In a lawsuit challenging the 2019 Presidential Permit for the Keystone XL pipeline, the federal district court for the District of Montana denied requests to enjoin work on the pipeline. The court found that the plaintiffs failed to show “at this juncture” that they were likely to succeed on the merits of their claims and that they also failed to show they were likely to suffer irreparable injury. The court—which concluded that the Presidential Permit authorized only a 1.2-mile border-crossing segment of the pipeline and not, as the plaintiffs argued, the additional 875 miles of pipeline in the U.S.—found that alleged irreparable injuries outside the scope of what the permit authorized were “beyond the scope of the relief available.” Although the court found that each side had “valid arguments for their side in the balance of equities and public interest,” including the plaintiffs’ allegations of climate change harms caused by Keystone’s eventual operation, the court found that the “weight of these factors remains unclear and fails to compel the granting of preliminary relief.”
The court also denied motions to amend the complaint to add President Trump’s executive order concerning permitting of facilities at international boundaries and to add a claim challenging a right-of-way permit from the U.S. Bureau of Land Management (BLM). The court rejected the former set of amendments on the grounds of futility, undue delay, and the plaintiffs’ previous opportunity to amend, and the latter on the grounds of undue delay, unfair prejudice to the defendants and defendant-intervenors, and judicial economy. The court asked for supplemental briefing on the remaining constitutional issues, focused on separation of powers issues related to border-crossing pipeline permits.09/11/2020 Reply Download Reply filed by plaintiffs to federal defendants in support of motion for leave to file third amended and supplemental complaint. 09/11/2020 Reply Download Reply filed by plaintiffs to TransCanada in support of motion for leave to file third amended and supplemental complaint. 09/04/2020 Opposition Download Opposition filed by defendants to plaintiffs' motion for leave to file third amended and supplemental complaint. 09/04/2020 Opposition Download Opposition filed by defendant-intervenors TransCanada Keystone Pipeline, LP and TC Energy Corporation to plaintiffs' motion for leave to file third amended and supplemental complaint. 08/21/2020 Motion Download Motion for leave to file third amended and supplemental complaint filed. 03/02/2020 Answer Download Answer filed by defendants to plaintiffs' amended complaint. 03/02/2020 Memorandum Download Memorandum of points and authorities filed by plaintiffs in support of motion for leave to file second amended complaint. 03/02/2020 Motion Download Notice of motion and motion to file second amended complaint filed by plaintiffs. 02/25/2020 Memorandum Download Memorandum filed by defendants in support of motion for summary judgment. 02/25/2020 Memorandum Download Memorandum filed in support of plaintiffs' motion for summary judgment. 02/25/2020 Motion for Summary Judgment Download Motion for summary judgment filed by defendants. 02/25/2020 Motion for Summary Judgment Download Notice of motion and motion for summary judgment filed by plaintiffs. 02/25/2020 Opposition Download Opposition filed by plaintiffs to TC Energy Corporation and TransCanada Keystone Pipeline, LP's motion for summary judgment. 02/18/2020 Reply Download Plaintiffs filed reply to TC Energy's opposition to plaintiffs' renewed motion for preliminary injunction and application for temporary restraining order. 02/18/2020 Reply Download Plaintiffs filed reply to defendants' opposition to plaintiffs' renewed motion for preliminary injunction and application for temporary restraining order. 02/10/2020 Opposition Download Opposition filed by defendants to plaintiffs' renewed motion for preliminary injunction and application for temporary restraining order. 02/10/2020 Opposition Download Memorandum filed by TransCanada Keystone Pipeline, LP and TC Energy Corporation in opposition to plaintiffs' renewed motion for preliminary injunction and application for temporary restraining order. 02/05/2020 Motion Download Errata filed to plaintiffs' notice of renewed motion for preliminary injunction and application for temporary restraining order. 02/03/2020 Order Download Order issued setting schedule for briefing on motions. Briefing on the renewed motion for a preliminary injunction is scheduled to be completed on February 18, and the developer indicated it would not begin pre-construction activities before February 24. Briefing on summary judgment motions is to be completed by March 23, with a hearing scheduled for March 25 on any pending motions. 01/31/2020 Motion Download Notice filed by plaintiffs of renewed motion for preliminary injunction and application for temporary restraining order. After the developer filed a status report on January 14, 2020 indicating that it planned to commence construction of the cross-border segment in April 2020 and would need to engage in pre-construction activities beginning in February 2020, the plaintiffs filed a renewed motion for a preliminary injunction. 01/31/2020 Status Report Download Supplemental status report filed by TransCanada Keystone Pipeline, LP and TC Energy Corporation. 01/24/2020 Brief Download Brief filed by plaintiffs in response to the court's December 20, 2019 order. 01/24/2020 Memorandum Download Memorandum filed by TransCanada Keystone Pipeline, LP and TC Energy Corporation in response to the court's order of December 20, 2019 and in support of renewal of their motion to dismiss. 01/24/2020 Motion for Summary Judgment Download Memorandum filed in support of TransCanada Keystone Pipeline, LP and TC Energy Corporation's motion for summary judgment. 01/24/2020 Response Download Response filed by defendants to the court's questions in its December 20, 2019 order. 01/14/2020 Status Report Download Amended status report filed by TransCanada Keystone Pipeline, LP and TC Energy Corporation. 01/13/2020 Order Download Motion hearing scheduled for March 25, 2020 vacated and reset for April 16, 2020. 12/20/2019 Order Download Order issued requesting additional briefing. In a separate order, the court directed the parties to file supplemental briefs on eight issues related to the scope of authorized activities under the permit, separation of powers, and the developer’s authority to construct the pipeline without a permit if the president lacks authority to issue the cross-border permit. 12/20/2019 Order Download Motions to dismiss denied and motion for a preliminary injunction denied without prejudice. Federal Court Denied Motions to Dismiss Challenges to 2019 Presidential Permit for Keystone XL. The federal district court for the District of Montana denied motions to dismiss and for a preliminary injunction in litigation challenging a presidential permit issued in 2019 for a cross-border segment of the Keystone XL pipeline. The court found that the plaintiffs pled plausible claims under the Commerce Clause and Property Clause that President Trump exceeded his legal authority when he issued the permit, as well as claims that the 2019 permit violated a 2004 executive order that established a permitting process for cross-border pipelines. The court found that the plaintiffs had not demonstrated that a preliminary injunction was required to maintain the status quo but said the plaintiffs could renew their request at a later time if the pipeline developer’s activities interfered with the status quo. 10/30/2019 Opposition Download Erratum filed to plaintiffs' memorandum of points and authorities in opposition to federal defendants' and TransCanada's motions to dismiss. 10/03/2019 Status Report Download Supplemental status report filed by TransCanada Keystone Pipeline, LP and TC Energy Corporation. 09/26/2019 Response Download Response filed by plaintiffs to status report by TC Energy. 09/20/2019 Status Report Download Status report filed by TC Energy. 09/12/2019 Reply Download Reply filed by defendants in support of motion to dismiss. 09/12/2019 Reply Download Reply memorandum filed in support of supplemental motion by TransCanada Keystone Pipeline, LP and TC Energy Corporation to dismiss plaintiffs' amended complaint. 08/22/2019 Opposition Download Memorandum of points and authorities filed by plaintiffs in opposition to motions to dismiss. 08/22/2019 Opposition Download Memorandum of points and authorities filed by plaintiffs in opposition to motions to dismiss. 08/08/2019 Order Download Hearing scheduled for October 9, 2019. 08/07/2019 Reply Download Plaintiffs filed reply to TC Energy's opposition to their motion for preliminary injunction. 08/07/2019 Reply Download Plaintiffs filed reply to federal defendants' opposition to their motion for preliminary injunction. 08/01/2019 Motion Download Memorandum filed in support of supplemental motion by TransCanada Keystone Pipeline, LP and TC Energy Corporation to dismiss plaintiffs' complaint pursuant to Fed. R. Civ. P. Rule 12(b)(1) or 12(b)(6). 08/01/2019 Motion to Dismiss Download Memorandum filed by defendants in support of motion to dismiss plaintiffs' amended complaint. 07/29/2019 Statement Download Statement filed by defendants regarding consolidation. 07/29/2019 Statement Download Statement filed by TC Energy in opposition to consolidation. 07/29/2019 Statement Download Statement filed by Indigenous Environmental Network and North Coast Rivers Alliance in opposition to consolidation. 07/24/2019 Opposition Download Opposition filed by defendants to plaintiffs' motion for a preliminary injunction. 07/24/2019 Opposition Download Memorandum filed in opposition to plaintiffs' motion for a preliminary injunction. 07/18/2019 Complaint Download First amended complaint filed. 07/16/2019 Motion to Dismiss Download Memorandum filed in support of motion by TransCanada Keystone Pipeline, LP and TC Energy Corporation to dismiss plaintiffs' complaint pursuant to Fed. R. Civ. P. Rule 12(b)(1) or 12(b)(6). 07/10/2019 Motion Download Memorandum of points and authorities filed in support of plaintiffs' motion for preliminary injunction. 07/09/2019 Order Download Motion by TransCanada Keystone Pipeline, LP and TC Energy Corporation to intervene granted. 06/27/2019 Motion to Dismiss Download Memorandum filed by defendants in support of motion to dismiss. 06/27/2019 Motion to Intervene Download Memorandum filed in support of motion by TransCanada Keystone Pipeline, LP and TC Energy Corporation to intervene in support of defendants. 04/05/2019 Complaint Download Complaint filed. Lawsuit Challenged Constitutionality of President Trump’s New Authorizations for Keystone XL Pipeline. A regional network of indigenous peoples and a regional association of conservation leaders filed a lawsuit on April 5, 2019 challenging actions taken by President Trump on March 29, 2019 to facilitate construction and operation of the Keystone XL Pipeline. The lawsuit challenged the President’s authority to issue a new presidential permit for pipeline facilities at the U.S.-Canada border (President Trump also revoked the presidential permit issued in March 2017) and his authority to authorize the pipeline’s other U.S. facilities, which extend for 875 miles. The plaintiffs asserted that the President lacked authority to issue the presidential permit because the Constitution’s Property Clause granted Congress the authority to regulate federal lands and Congress had directed BLM to manage the property in question (a 1.2-mile segment in Montana on lands administered by BLM). The plaintiffs asserted that the President lacked authority with respect to the balance of the pipeline for three reasons: (1) the pipeline would cross 45 miles of other lands administered by BLM; (2) the authorization conflicted with Congress’s correlative power to regulate foreign and domestic commerce; and (3) the authorization conflicted with executive orders that delegated authority to approve transboundary pipelines such as Keystone XL to the Department of State. The plaintiffs contended that the executive orders required compliance with all applicable laws and that by evading compliance with those laws, the President’s action conflicted with Congress’s correlative power to regulate foreign and interstate commerce. (In Executive Order 13867 issued on April 10, President Trump revoked these executive orders.) -
Indigenous Environmental Network v. Biden
Case Documents:
Filing Date Type File Action Taken Summary 07/16/2021 Order Download Appeal dismissed. Ninth Circuit Dismissed Appeal of Denial of Environmental Groups’ Preliminary Injunction Motion in Keystone XL Case. After the developers terminated the Keystone XL pipeline project, the Ninth Circuit Court of Appeals on July 16, 2021 dismissed for lack of jurisdiction an appeal of the district court’s denial of a motion for a preliminary injunction barring work on the pipeline. The Ninth Circuit declined to remand with instructions for dismissal of the underlying action and also declined to vacate any district court decisions. In addition, the Ninth Circuit took no position on whether the underlying action was moot or whether vacatur was appropriate, instead leaving those matters to the district court.