After filing suit against the U.S. Army Corps of Engineers over its permit for the Keystone XL pipeline project, six environmental groups expanded their claim to include the agency's alleged failure to protect endangered species when they approved the project.
The groups' July 1 suit had focused on the Corps' project approval not taking into account potential environmental impacts and the permit being used to sanction most of the TC Energy Corp. pipeline's smaller related projects, such as water crossings, without separate evaluations. In their Sept. 10 suit, the groups argued that the Corps did not hold formal consultations with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to fully examine the project's effects on protected species and their habitats, which would be a violation of the Endangered Species Act, or ESA.
"Programmatic consultation is necessary ... to ensure that ... authorized activities are not likely to jeopardize the continued existence of listed species," the groups said in the lawsuit, citing the ESA.
While one of the general conditions for the project is that the builder has to submit preconstruction notifications if an activity "might affect" any listed species or designated critical habitats, the groups argued that this condition does not satisfy requirements for the Corps to do the ESA-mandated consultations. "[T]here is no guarantee that a project applicant will properly apply the 'might affect' standard and submit a [preconstruction notification] for every water crossing that may impact a listed species," the suit said.
The groups contended in a separate release that no federal agency has conducted the necessary environmental analyses on Keystone XL despite it having a permit. "On such a major project, the communities who are on the frontlines deserve a comprehensive environmental review to protect themselves, our environment and endangered species," Friends of the Earth Legal Director Marcie Keever said in a statement.
The plaintiffs are Northern Plains Resource Council, Bold Alliance, Natural Resources Defense Council, Sierra Club, Center for Biological Diversity and Friends of the Earth. They asked the court to vacate Keystone XL's permit issued by the Corps and for an injunction against any construction and further approvals for the project. (U.S. District Court for the District of Montana, Great Falls Division, docket 4:19-cv-00044-BMM)
The Keystone XL pipeline would run about 1,200 miles to link the oil sands region of western Canada with a pipeline hub in Nebraska. It was initially rejected by the Obama administration but revived by President Donald Trump shortly after his election. Trump's initial permit was revoked in March and replaced with one that appeared to more forcefully make the case for the project.
