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Indigenous Environmental Network v. TransCanada Corp.

ELR Citation: 47 ELR 20150
Nos. CV-17-29-GF-BMM, (D. Mont., 11/22/2017) (Morris, J.)

A district court held that a lawsuit challenging the Keystone XL pipeline can continue despite calls from the federal government to dismiss the case. On April 4, 2017, the State Department approved a presidential permit for the pipeline. In its approval, the State Department relied on a 2014 EIS conducted the previous time the pipeline operators applied for a permit that was later denied. Environmentalists opposed the granting of the permit, claiming it violated NEPA; they contend that both previous times approval was sought new EISs were done. The State Department filed a motion to dismiss, arguing that a presidential permit is not subject to review under the APA. The court disagreed, finding that the agency itself acknowledged the need for NEPA review with previous applications. The motion was denied.