Lawsuit: Biden administration lacked authority to halt project
GALVESTON, TEXAS – Attorney General Mike Hunter today joined a lawsuit against President Joe Biden and members of his administration over their move to shut down the Keystone Pipeline.
Filed in the United States District Court for the Southern District of Texas, the complaint aims to prevent the Biden administration from circumventing limits placed on the presidency by the Constitution, the Administrative Procedure Act and congressionally enacted national policy in what the lawsuit calls a critical energy matter.
Attorney General Hunter said President Biden’s executive action halting the pipeline is unlawful and does nothing but harm Americans.
“The president doesn’t have the constitutional authority to unilaterally block this project,” Attorney General Hunter said. “It is up to Congress to approve the project, which they have done already. Further, the argument that transporting crude oil via pipeline is worse for the environment than by rail or shipment is preposterous and has been disproven numerous times, even by the Obama-Biden State Department. The Keystone Pipeline also will move the United States closer to energy independence. This will help Oklahomans and Americans by keeping costs for products and fuel down. As a fourth generation Oklahoman who has worked in the industry, I know how critical it is to our state. That is why I will do everything I can to ensure our energy sector is protected from federal overreach.”
The State Department conducted numerous, expansive environmental reviews of the proposed Keystone Pipeline, under former Presidents Bush, Obama and Trump, concluding every time that the project would not materially affect greenhouse gas emissions or alter the amount of extracted and combusted crude oil on the world market, contrary to President Biden’s reasoning for canceling the pipeline.
The lawsuit argues the president lacks the power to enact his “ambitious plan” to reshape the economy in defiance of Congress’s unwillingness to do so.
“To the extent that Congress had delegated such authority, it would violate the non-delegation doctrine,” the lawsuit reads. “But Congress has not delegated such authority: It set specific rules regarding what actions the president can take about Keystone XL and when. The President, together with various senior executive officials, violated those rules. The action should be set aside as inconsistent with the Constitution and the Administrative Procedure Act.”
Oklahoma joined 20 other state attorneys general in filing the lawsuit.
The lawsuit comes after Attorney General Hunter raised concerns to President Biden about the detriment of this action in a February letter, https://bit.ly/3s01fB3.
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