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A coalition of 21 states sued President Biden on Wednesday over his executive order that shut down the Keystone XL pipeline. The lawsuit was filed in the U.S. District Court for the Southern District of Texas and alleges Biden exceeded his presidential authority by canceling the oil pipeline.
"Within hours of taking office, President Biden issued an Executive Order that purports to revoke the permit on the grounds that he has 'an ambitious plan' to 'reduce harmful emissions and create good clean-energy jobs' and that this completed pipeline would 'not be consistent with [his] Administration's economic and climate imperatives,'" the lawsuit states.
"Revocation of the Keystone XL pipeline permit is a regulation of interstate and international commerce, which can only be accomplished as any other statute can: through the process of bicameralism and presentment," the complaint continues. "The President lacks the power to enact his 'ambitious plan' to reshape the economy in defiance of Congress's unwillingness to do so. To the extent that Congress had delegated such authority, it would violate the non-delegation doctrine. But Congress has not delegated such authority: It set specific rules regarding what actions the President can take about Keystone XL and when. The President, together with various senior executive officials, violated those rules. The action should be set aside as inconsistent with the Constitution and the Administrative Procedure Act, 5 U.S.C. §§ 500, et seq."
The lawsuit was launched by Republican attorneys general from Texas, Montana, Alabama, Arizona, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming.
The multi-state complaint was led by attorneys general Ken Paxton of Texas and Austin Knudsen of Montana, who claim, "President Biden does not have the unilateral authority to change energy policy that Congress has set," including "rejecting permits for oil pipelines that cross an international border."