The 9th Circuit Court of Appeals on Thursday dismissed a lawsuit brought by environmentalists to block the Keystone XL pipeline, ruling that the lawsuit was moot because of a new permit President Trump issued in March.
Trump had issued the new permit after a lower court in Montana ruled that the environmental review under the original pipeline permit done by the State Department was inadequate.
Trump issued a new presidential permit in an attempt to defeat the court ruling in the appeals court, an effort that appears to have worked.
But the victory may be short-lived, as tribal groups already sued in April to block the new permit. TC Energy, the company building the pipeline, recently told investors that it does not plan to begin construction in 2019.
“Despite today’s ruling, we remain confident that Keystone XL will never be built,” said Doug Hayes, senior attorney with Sierra Club. “This proposed project has been stalled for a decade because it would be all risk and no reward, and despite the Trump administration’s efforts, they cannot force this dirty tar sands pipeline on the American people.”
Other groups blasted the appeals court’s ruling. The Center for Biological Diversity said the court was condoning Trump’s “blatant disregard” for environmental laws.
Environmental groups immediately began rallying their legal resources to push back against the new Trump permit.
“We will explore all available legal avenues to stop this dirty tar sands oil pipeline from ever being built and endangering our communities and climate,” said Jackie Prange, a senior attorney at the Natural Resources Defense Council.
