May 01, 2018

Next steps for Keystone XL

Theresa Romanosky and Kristen Miller

In January 2018, TransCanada Corporation (TransCanada) announced that it had “commenced construction preparations” for its long-contested Keystone XL pipeline. TransCanada’s announcement comes after years of public opposition and permitting delays. As anticipated, this outlook changed with the 2016 election. Just days after taking office, President Trump issued a Presidential Memorandum inviting TransCanada to reapply for a Presidential Permit—required for all international pipelines—and directing the State Department to expedite its review. TransCanada accordingly resubmitted materials from previous applications in January 2017 and received approval in March 2017. Notably, the State Department’s approval relied on a 2014 Environmental Impact Statement (EIS) prepared under the National Environmental Policy Act (NEPA).

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