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Indigenous Environmental Network v. President Donald J. Trump

ELR Citation: 51 ELR 20094
Nos. 4:19-cv-00028-BMM, (D. Mont., 05/28/2021) (Morris, J.)

A district court overrode the Biden Administration's objections to a lawsuit challenging President Trump's issuance of a presidential permit in 2019 for construction of a cross-border segment of the Keystone XL pipeline. Environmental groups argued the former president violated the Property Clause, the Commerce Clause, and Executive Order No. 13337 when he issued the permit. The sitting president argued his revocation of the 2019 permit rendered the groups' challenge moot. The court found that the lawsuit presented a live controversy because the court could provide relief to the groups by ordering removal of the now-constructed border segment, and that although the president revoked the permit, the possibility remained that he or a future president could issue another permit unilaterally.