Twenty-one states have filed a lawsuit against Joe Biden for shutting down the Keystone Pipeline. They are contesting the Executive Order based on the fact that only Congress has the right to set policy for interstate commerce.
The lawsuit, filed in the U.S. District Court for the Southern District of Texas, alleges the fact that the president usurped congress’ authority in canceling the pipeline.
The move angered Republicans, Democrats, and even Canadians. That decision left Canada with two choices. Either ship the oil by trucks or trains or complete their pipeline to their Western Coast and ship it to China. The use of trucks and trains is much more costly than a pipeline.
So, in reality, they were left with one choice. I wonder if China properly thanked Biden for that. They have added him to their Christmas card list.
The states that are suing Biden include 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 suit was filed in a court in Texas, which means if they win and Biden appeals it goes before the 5th Circuit Court of Appeals, the most conservative court in the land.
The lawsuit states in part:
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 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.
Texas AG Ken Paxton said:
“Since his first day in office, President Biden has made it his mission to undo all the progress of the previous administration, with complete disregard for the Constitutional limits on his power. His decision to revoke the pipeline permit is not only unlawful but will also devastate the livelihoods of thousands of workers, their families, and their communities. This administration continues to tout imaginary green-energy jobs, without any recognition that their actions in the real world will make it impossible for hard-working Americans to put food on the table.”
Montana Attorney General Austin Knudsen added:
“The power to regulate foreign and interstate commerce belongs to Congress — not the President. This is another example of Joe Biden overstepping his constitutional role to the detriment of Montanans. There is not even a perceived environmental benefit to his actions. His attempt to cancel the Keystone XL Pipeline is an empty virtue signal to his wealthy coastal elite donors. It shows Biden’s contempt for rural communities in Montana and other states along the pipeline’s path that would benefit from and support the project.”