Legalectric

tRump signed a Memorandum pushing Keystone XL (and Dakota Access) pipeline inviting them to reapply, which they did two days later:

#notmyPresident – Keystone XL pipeline is baaaaaaaaack

And today, a Complaint has been filed by Northern Plains Resource Council, Bold alliance, Center for Biological Diversity, Friends of the Earth, Natural Resources Defense Council and Sierra Club to stop KXL from going forward:

Complaint filed 2017 03 30 FINAL

The focus is on the extensive record of the earlier proceeding, the prior rejection of the Presidential Permit, NEPA violations, and the arbitrary and capricious nature of the Memorandum and moving forward with this project.  The specific claims are:

• Violation of the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq., and Administrative Procedure Act, 5 U.S.C. §§ 701-706, by Defendants State Department and Under Secretary Shannon

• Violation of the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq., and Administrative Procedure Act, 5 U.S.C. §§ 701-706, by Defendants Interior Department, Bureau of Land Management, and Secretary Zinke

• Violation of the Administrative Procedure Act, 5 U.S.C. §§ 701-706, by Defendants State Department and Under Secretary Shannon

The third claim is what I’d been noting after tRump issued the Memorandum.  With the lengthy and voluminous record, and the denial, to with the stroke of a pen say “go ahead,” that’s arbitrary and capricious on its face.  From the Complaint:

The State Department has failed to adequately explain and justify (a) its reversal of positions on whether Keystone XL is in the national interest, and (b) its reliance on a stale and inadequate environmental review. Its approval decision is arbitrary and capricious.

… and oh, what a good example that Memorandum is, itching for challenge.  Well, here it is.