Construction of the Keystone XL Pipeline

This presidential memorandum invites TransCanada to re-submit its application for the Keystone XL Pipeline and directs the Secretaries of State, Army, and Interior to expedite all permitting and environmental reviews. It waives certain procedural requirements of Executive Order 13337 and treats the 2014 Final Supplemental Environmental Impact Statement as sufficient to satisfy NEPA and Endangered Species Act requirements.

Federal Register Open PDF 82 FR 8663

Impact dates

Date TBD
State Department final permitting determination
Mar 25, 2017
Final permitting determination from application submission

Key directives

Invite TransCanada to promptly re-submit application for Presidential permit
State Department to reach final permitting determination within 60 days of submission
Treat January 2014 Final Supplemental EIS as satisfying NEPA and ESA section 7(a) requirements
Pre-existing federal permits to remain in effect until project completion
Waive EO 13337 sections 1(g), 1(h), and 1(i) notification/delay requirements
Army to expedite Nationwide Permit 12 approvals for water crossings
Interior/BLM/FWS to expedite right-of-way, MBTA, and other approvals

Who is ordered

Timeline

Immediate

Invitation to TransCanada to re-submit application
Waiver of EO 13337 notification and delay requirements

Near term (90d)

State Department final permitting determination due within 60 days of application submission
Expedited Army Corps review under Nationwide Permit 12
Expedited Interior/BLM/FWS approvals

Long term

Potential pipeline construction and completion
Pre-existing federal permits remain valid until project completion

Risks & tensions

Expedited 60-day review may conflict with thorough environmental analysis
'To the maximum extent permitted by law' language creates legal vulnerability if courts find overreach
Reliance on 2014 EIS for modified 2017 application may be challenged as stale or insufficient
Private property rights clause (Sec. 3(e)) acknowledges ongoing eminent domain controversies without resolving them
Waiver of EO 13337 procedural requirements may face procedural challenge