Citing an amicus brief filed by TC Energy, a federal judge today dismissed as moot a 23-state case filed against President Biden over his decision to cancel the Keystone XL pipeline cross border permit on his first day in office.

In his decision, U.S. District Judge Jeffrey Brown wrote, “…the court takes TC Energy at its word that Keystone XL is dead. And because it is dead, any ruling this court makes on whether President Biden had the authority to revoke the permit would be advisory. Thus, the court has no jurisdiction and the case must be dismissed as moot.”

In response, Montana Attorney General Austin Knudsen issued the following statement:

“Recent events have made it clear that we need more, not less, domestic energy supply. The Keystone XL or a similar pipeline could have provided that. Instead, Montanans are once again paying the price for President Biden’s disastrous energy policies that pander to his coastal elite base without even a perceived environmental benefit.

It’s unfortunate that the important constitutional question in this case – if the president can revoke a congressionally approved cross-border permit – will go unanswered because TC Energy inserted itself into the court proceedings unprompted. This also deprived Montanans and residents of other states who would have benefited from the pipeline’s jobs and tax revenue of their day in court.

However, it should have never come to this point. Democrats played political games with this project for years, and when his vote mattered and economic opportunity for rural Montana communities was on the line, Senator Tester was a deciding vote against the Keystone XL pipeline.”

Click here to read the judge’s order.

BACKGROUND:

Joe Manchin, Jon Tester vote to kill pro-Keystone amendment after voting for it: ‘Swampy’ (Washington Times, 2/5/2021) After voting for the measure to support the pipeline, Sens. Joe Manchin and Jon Tester voted against it, joining the rest of the Democratic caucus early Friday in passing an amendment by Senate Majority Leader Charles E. Schumer to strip the Keystone XL language from the budget resolution. What frustrated supporters is that a vote from either Mr. Manchin or Mr. Tester would have saved the Keystone amendment, sponsored by Sen. Steve Daines, Montana Republican, aimed at boosting legislation to authorize the pipeline after President Biden killed it on his first day in office.

Montana And Texas Lead 21-State Lawsuit To Block Biden’s Illegitimate Keystone Cancellation (Montana Department of Justice, 3/17/2021) Montana Attorney General Austin Knudsen, Texas Attorney General Ken Paxton and 19 other state attorneys general filed suit today in United States District Court for the Southern District of Texas to block President Joe Biden’s unconstitutional and illegitimate attempt to cancel the Keystone XL Pipeline. The Keystone XL pipeline would cross into the United States in northern Montana and pass through six counties – five of which are designated as high-poverty areas.