Keystone XL Appeal Should be Dismissed as Moot, Government Says

May 5, 2021, 3:28 PM

The Biden administration is calling on federal judges to dismiss an appeal over the Keystone XL pipeline after the project lost a key approval and regulators revamped a permitting process at issue in the litigation.

“These appeals are thus no longer justiciable,” Justice Department lawyers told the U.S. Court of Appeals for the Ninth Circuit on Tuesday.

President Joe Biden revoked a required cross-border permit for Keystone XL on his first day in office.

The Ninth Circuit litigation focuses on a sweeping April 2020 ruling from a federal district court that said the Army Corps of Engineers’ streamlined process for ...

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