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Ninth Circuit Upholds Ruling to Block Fast-Track Permit for Keystone XL Pipeline


On Thursday May 28, 2020, the Ninth Circuit Court of Appeals denied a request from the Trump Administration and energy industry corporations to revive a fast-track permit program for oil and gas pipelines, including the controversial Keystone XL.

The latest ruling upholds a lower court decision that revoked oil and gas construction permits across wetlands and other bodies of water. Environmental advocacy groups who challenged the U.S. Army Corp of Engineers’ decision to issue the permits argue that they fail to give adequate consideration to the local environment and wildlife.

As the Court noted in its opinion, the federal government and energy companies failed to demonstrate a “sufficient likelihood of success on the merits and probability of irreparable harm to warrant a stay pending appeal.”

Barring an appeal to the Supreme Court, the decision is likely to remain in effect while other legal battles over the XL pipeline continue to play out in the coming months.

Read more about the latest ruling from the Ninth Circuit here.

Domina Law Group is actively involved in ongoing litigation over TC Energy’s Keystone XL Pipeline, and has brought appeals and legal challenges on behalf of landowners who control acres of land along the proposed pipeline route. Attorney Brian Jorde was recently interviewed by NET News discussing the merits of our clients’ claims and pending legal challenges over the Nebraska Public Service Commission’s authorization of the route, which landowners argue was constitutionally invalid.