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Indigenous Environmental Network v. United States Department of State

ELR Citation: 48 ELR 20144
Nos. 4:17-cv-0031-BMM, (D. Mont., 08/15/2018) (Morris)

A district court ordered the State Department to supplement its 2014 EIS for a cross-border oil pipeline, known as Keystone XL, to consider the pipeline company's alternative route that was approved for the project. Environmental groups argued that the agency violated NEPA by failing to revisit its 2014 EIS when the company revised the pipeline's route to pass through five different counties, cross several different water bodies, and be longer than the original route. The court agreed, concluding that the agency is obligated under NEPA to analyze new information relevant to the environmental impacts of its decision. The court therefore ordered the agency to supplement its 2014 EIS to consider the environmental impacts of the pipeline's alternative route.