Republican Attorneys General Sue Biden Administration over Revocation of Pipeline Permit

  • A group of 21 Republican AGs, led by Montana AG Austin Knudsen and Texas AG Ken Paxton, sued the Biden administration over its revocation of a cross-border permit for the Keystone XL oil pipeline, alleging that the revocation of the permit is an unconstitutional encroachment on the power of Congress to regulate international and interstate commerce and violates the Administrative Procedure Act.
  • The complaint alleges, among other things, that Congress expressly permitted the pipeline in the 2011 Temporary Payroll Tax Cut Continuation Act, which required President Obama to grant the cross-border construction application or report within 60 days to Congress why he thought the pipeline did not serve the national interest. The complaint argues that, because President Obama denied the application without providing a national interest determination within 60 days, the permit went into effect by operation of law. The complaint further notes that the construction of the cross-border section of the pipeline is already virtually complete following its formal approval by the Trump administration, and that the revocation of the permit would cause the plaintiff states significant economic injury from the loss of tax revenue and jobs directly and indirectly related to the pipeline.
  • The complaint seeks declaratory and injunctive relief, and attorneys’ fees and costs.