Judge Orders Full Environmental Review of Keystone XL in Nebraska

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Byย Lorraine Chow, EcoWatch. Reposted with permission from EcoWatch.

TransCanada‘s long-gestatingย Keystone XL (KXL)ย tar sandsย pipelineย was dealt another setback after a federal judge in Montana ruled Wednesday that theย Trumpย State Department must conduct a robust environmental review of theย alternative pipelineย route throughย Nebraska.

U.S. District Court Judge Brian Morris sided with environmentalists, landowners, and tribal plaintiffs in their challenge to the Trump administration. Pipeline opponentsย arguedย that the State Department’s approval of the KXL was based on an outdated Environmental Impact Statement from 2014 of the original route, and accused the administration of trying toย short-cut the permitting process.

Morris ordered the State Department to conduct a thorough Environmental Impact Statement for the โ€œMainline Alternativeโ€ route, approved by Nebraska officialsย in November, to supplement the 2014ย review.

In his decision, Morris said the State Department has the โ€œobligation to analyze new information relevant to the environmental impacts of its decision,โ€ according toย Courthouse News Service.

If built, the $8 billion 1,180-mile pipeline will transport heavy crude from Alberta’sย tar sandsย to U.S. Gulf Coast refineries. The controversial project has been at the center of an environmental fight for a decade. President Obamaย rejectedย the KXL in 2015 partly due to concerns about its contribution toย climate change, but President Trumpย reversed the decisionย shortly after takingย office.

Plaintiffs in the case celebrated theย decision.

โ€œThis decision rejects the Trump administration’s shameful attempt to ram through Keystone XL without bothering to take a hard look at its effect on wildlife and the environment,โ€ said Jared Margolis, senior attorney with theย Center for Biological Diversity, in aย statement. โ€œIt’s always been painfully obvious what a disaster this pipeline will be โ€” not just for our climate and local communities but for endangered species like the whooping crane. There’s just no excuse for approving this terribleย project.โ€

Joye Braun, of the Wakpa Waste Camp at the Cheyenne River Sioux Reservation in South Dakota, said in astatement: โ€œThis is a huge step to once again shut down this zombie pipeline that threatens water, our homelands, and our treaty territory. No route is acceptable for Keystone XL, and I believe a full environmental review of this alternative route will highlight the extraordinary risks this pipeline poses to us all โ€” including highly sensitive ecological and cultural sites. This is a step in the right direction to protect our treaty territory, our Indigenous rights, and ourย people.โ€

In November, the Nebraska Public Service Commission rejected TransCanada’s preferred route for the pipeline through the state. Instead, they voted for an alternative route that will cost the company millions of dollars more than the original path,ย Reutersย reported.

Main image:ย The Keystone XL pipeline at one point was going to run through the sensitive Sand Hills areas of Nebraska west of Butte. The pipeline was rerouted around the Sand Hills, but still under the Niobrara River area.ย Pictured here is theย eastern portion of theย Niobrara River Bridgeย near the mouth of the Niobrara inย Knox County, Nebraska. Credit:ย Ammodramus, publicย domain

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