American Indian tribal lawyers fired the first legal shot at President Trump’s decision to move forward with the Keystone XL oil pipeline, arguing that the administration overlooked endangered species protections and renewable energy alternatives in approving the project.
Trump and the State Department approved the long-delayed project on Friday amid environmental and tribal groups’ strong opposition.
The State Department “entirely failed to consider the feasible and environmentally beneficial alternatives of adopting aggressive renewable energy and energy efficiency measures to obviate the claimed need for more crude oil,” the Indigenous Environmental Network and the North Coast Rivers Alliance argued in a legal brief filed late Monday night in Montana federal court. Not considering the alternative violates the National Environmental Policy Act, the groups argue.
The groups want the court to impose an injunction to stop construction of the pipeline by builder TransCanada until all claims against the project are addressed.
Claims against the project are mounting. In addition to the State Department failing to address renewable energy alternatives before signing off on the project, the groups also say the decision to move ahead with the project violates the Enadangered Species Act and international protections for protected migratory bird species, including protections for bald and golden eagles.
Other groups are preparing to sue the Trump administration over the Keystone XL decision. Rhea Suh, the president of the Natural Resources Defense Council, said in an email to supporters on Friday that the group is suing, although legal briefs have not been submitted. Other major environmental groups also are planning to sue.
Tribal and other groups are looking to block the project in Nebraska through an intense lobbying campaign at the state’s public service commission, which has sole jurisdiction for approving the pipeline’s route through Nebraska.
