Home Energy company Keystone XL pipeline still possible, says Alberta in AG lawsuit

Keystone XL pipeline still possible, says Alberta in AG lawsuit


A depot used to store pipes from Transcanada Corp’s Keystone XL pipeline project is seen in Gascoyne, North Dakota on January 25, 2017. REUTERS / Terray Sylvester

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(Reuters) – The Canadian province of Alberta on Thursday urged a federal judge in Galveston, Texas, to rule that the Biden administration illegally revoked a key license for the now canceled Keystone XL pipeline, saying a ruling on the merits of the case could still allow the project to go ahead.

The province, an investor in the $ 9 billion Alberta-Nebraska line terminated in June by its owner TC Energy Corp, backed Texas, Montana and several other states that sued the Biden administration before the line was suspended. , even though the administration is now seeking to close the case on the grounds that it has become moot. The Alberta record indicates that a decision in favor of the states “would likely have an impact on future decisions to undertake or finance the construction and operation (of the pipeline).”

A spokesperson for Calgary, Alta.-Based TC Energy Corp said the company is not commenting on cases in court.

Sonya Savage, Alberta Minister of Energy, said, “The Canadian and US energy systems are highly integrated and continued cooperation – as Alberta demonstrates by tabling this amicus brief – is necessary to ensure northern energy security. -american.

Kyler Nerison, spokesman for Montana Attorney General Austin Knudsen, said: “As the document makes clear, President Biden’s executive order is an attempt to regulate international trade, a power expressly reserved for Congress.”

The US Department of Justice did not immediately respond to a request for comment.

In Thursday’s filing, the province, from which Keystone XL (KXLP) was to transport 830,000 barrels per day of crude oil from the tar sands to US refiners, said that “if allowed to proceed, the KXLP would be a critical component of Alberta’s post-pandemic recovery. efforts ”by creating thousands of jobs for the citizens of Alberta.

The province had agreed to contribute up to C $ 1.5 billion to the project. He says in the file that the revocation of the license caused him damages of 1 billion Canadian dollars.

Alberta is represented by lawyers from the law firm Bryan Cave Leighton Paisner.

The DOJ asked U.S. District Judge Jeffrey Brown in July to dismiss the lawsuit as now moot. His layoff decision came about a month after TC Energy canceled the line following President Joe Biden’s revocation of a required presidential permit for a US stretch of the 1,200-mile project with an executive order.

Texas and the other plaintiffs for their part argued in a court file that the case was not moot because its outcome could “lead to the resurrection of the KXLP by TC Energy or another entity.”

Alberta’s Thursday filing says the province is not taking a position on the mootness of the case.

In a lawsuit filed in March, states say Biden does not have the unilateral power to change the energy policy set by the US Congress. They allege that the president violated a constitutional doctrine guaranteeing the separation of executive and legislative powers.

Last month, TC Energy said it was seeking more than $ 15 billion in damages from the U.S. government for the cancellation of its Keystone XL. He is pursuing his grievances under the United States-Mexico-Canada Agreement.

The project had been delayed several times since its proposal in 2008 due to opposition from American landowners, Native American tribes and environmentalists.

The case is State of Texas et al v. Joseph R. Biden, Jr., et al, US District Court for the Southern District of Texas, No. 3: 21-cv-00065.

For the State of Texas: Ryan Walters of the Texas Attorney General’s Office and David Dewhirst of the Montana Department of Justice.

For Joseph R. Biden, Jr., et al. : Jean Lin of the US Department of Justice.

For the Province of Alberta, Canada: Tricia Macaluso of Bryan Cave Leighton Paisner.

Read more:

Several U.S. states sue Biden administration for revoking Keystone XL pipeline license

Developer officially cancels Keystone XL pipeline project blocked by Biden

TC Energy claims more than $ 15 billion in damages in the United States for Keystone XL

US report reveals several issues with Keystone pipeline

Biden revokes KXL license at the expense of Canadian oil industry, Ottawa disappointed

Sebastien malo

Sébastien Malo reporters on environmental, climate and energy litigation. Contact him at [email protected]