The Trump administration on Thursday defended in court the president’s decision to allow the Keystone XL pipeline to be built, as environmental groups and tribes argued President Trump’s decision violated numerous laws.
Justice Department lawyers argued before Montana district court Judge Brian Morris, who rejected the administration’s previous bid to dismiss the lawsuit on the basis of national security and the constitutional authority of the president.
Former President Barack Obama rejected the nearly 1,200-mile pipeline because of its potential to exacerbate climate change. One of Trump’s first executive actions was to order the project to move forward.
Opponents of the project argued that the court violated a number of environmental laws, while posing threats to animal species and driving up the risk of oil spills contaminating drinking water supplies.
The Natural Resources Defense Council, one of the plaintiffs, argued that the Trump administration blatantly disregarded the National Environmental Policy Act, the Endangered Species Act, and the Administrative Procedure Act.
One of the groups’ key arguments is that the administration relied on an outdated 2014 environmental impact statement for the project, which was once used to deny the same permit that Trump granted pipeline company TransCanada to build Keystone XL.
The group argues that the 2014 environmental review ran afoul of the environmental policy law, as much of the data was inaccurate.
The review did not include the effects of the project on greenhouse gas emissions, which are blamed for causing manmade global warming. The review also failed to consider the project’s new route through Nebraska, in addition to oil-spill response measures.
The judge had the option of ruling Thursday after hearing the arguments, but chose not to.
Another lawsuit is still pending in Nebraska.