21 States Sue Biden
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https://media.dojmt.gov/wp-content/uploads/TX-and-MT-v.-Biden-Complaint.pdf
This Administration has sought to leverage its power regarding U.S. foreign policy to unilaterally contradict Congress’s stated domestic policy regarding one of the most significant energy projects in a generation: the Keystone XL Pipeline. This it may not do. On behalf of many of the States through which Keystone XL runs— beginning within the United States in Montana in the north and terminating in Texas in the south, the States of Montana and Texas bring this suit to prevent the Administration from circumventing limits placed on it by the Constitution, Administrative Procedure Act, and congressionally enacted national policy in this critical energy matter.
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.”4 The order itself relies on a permit provision that purports to allow such revocation by agreement from the Company holding the permit. But it cites no statutory or other authorization permitting the President to change energy policy as set by Congress in this manner.
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.
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Owner of closed Keystone XL pipeline seeks $15 billion in damages
The Canadian owner of the shuttered Keystone XL pipeline has put the State Department on notice it plans to seek $15 billion-plus in damages from the United States over President Biden's executive order in January shutting its operations.
Energy company TC Energy Corp. said it filed a notice of intent Friday to seek damages under the United States-Mexico-Canada agreement under a legacy clause involving the prior NAFTA trade pact.
"TC Energy will be seeking to recover more than $15 billion in damages that it has suffered as a result of the U.S. Government’s breach of its NAFTA obligations," the company said.
Citing climate change, Biden signed an executive order halting the project that former President Donald Trump had approved. TC Energy last month officially ended the project, which had created thousands of jobs and promised to carry carry hundreds of thousands of barrels of oil per day from Canada into the United States.
