By Rachna Choudhry, 1/22/15
It’s been more than six years since TransCanada first submitted an application to build the Keystone XL pipeline.
TransCanada has proposed laying 1,179 miles of pipe, 36 inches in diameter, that would connect oil producers in Canada’s tar sands region with refineries along the American Gulf Coast. The project has been extensively debated and studied — and the Obama Administration has not yet decided whether to approve the pipeline.
Here’s an update on what the key decision-makers are considering:
The White House
The White House has indicated the President would veto the Keystone bill because it "conflicts with longstanding Executive branch procedures regarding the authority of the President and prevents the thorough consideration of complex issues that could bear on US national interests (including serious security, safety, environmental, and other ramifications)." (Read the White House statement.) White House officials also point out that they are waiting for a State Department review. And, in his State of the Union address, President Obama urged Congress to "set our sights higher than a single oil pipeline."
The House and Senate
The House has passed legislation approving the construction of the Keystone XL pipeline ten times. Most recently, they passed the Keystone XL Pipeline Act (HR 3) in early January by a 266 to 153 vote. Twenty-eight Democrats and all but one Republican supported the bill. In the Senate, things are more complicated. On Jan. 12, the Senate voted 63 to 32 to begin debate on their Keystone XL bill – a significant step, as it was the first time a Keystone bill had cleared this hurdle. While 63 Senate supporters are three more than what was needed to send the bill to a Senate vote, it’s not enough to override a veto. The new Senate Majority Leader Mitch McConnell (R-KY) is allowing the bill to go through "regular order," enabling Republicans and Democrats to offer amendments — and the ensuing debate has lasted weeks.
Learn more about the Senate's Keystone bill – and share your voice on POPVOX:
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Hoeven-Manchin Keystone XL Pipeline Act (S 1)
— Bipartisan — "Authorizes TransCanada to construct and operate the Keystone XL pipeline from Alberta, Canada, to the US Gulf Coast, transporting an additional 830,000 barrels of oil per day to US refineries, which includes 100,000 barrels a day from the Bakken region of North Dakota and Montana. Upon passage, a presidential permit would no longer be needed to approve the project," according to the bill sponsors. (Read bill text.)
On Jan. 22, Senate Majority Leader McConnell filed "cloture" on the underlying bill, a procedural move that will trigger an additional 30 hours of debate before a final vote. We can expect a final Senate vote on whether to approve the Keystone XL pipeline in late January.
The Courts
A group of landowners in Nebraska filed two new lawsuits last week over TransCanada’s proposed route after they received a warning that the company would gain access to their land. (In early January, the Nebraska Supreme Court tossed an earlier lawsuit filed by landowners against then-Gov. Dave Heineman who had approved the Keystone route in Nebraska.) Attorneys for the landowners have said the latest lawsuits could take about two years to resolve, according to the Omaha World-Herald.
Meanwhile, TransCanada has filed court papers to gain access to the land owned by people who haven’t voluntarily complied through “eminent domain” – “a process where compensation for a pipeline easement is determined in local courts, in conjunction with local appraisers,” according to the company.
The State Department and Federal Agencies
In 2012, the State Department received a proposed pipeline application from TransCanada that would run from the Canadian border to connect to a pipeline in Nebraska. The State Department’s responsibility is to determine if granting a permit for the proposed pipeline would serve the national interest, including energy security, health, environmental, cultural, economic and foreign policy concerns. (See the State Dept. Keystone website.) As part of their review, the State Department is requesting input from other federal agencies by Feb. 2, 2015, according to Reuters.
On POPVOX
Among verified POPVOX users who weighed in on the House and Senate bills, three in four support approving the Keystone XL pipeline. Read their comments and share your voice on the Senate bill (S 1) and the House-passed bill (HR 3). You can also see which organizations and trade associations support and oppose the bill.
— Please keep in mind that highlighting a bill doesn't imply a POPVOX endorsement in any way. Rather, we're simply trying to offer one more way to stay informed of a complex legislative system. —
Photo credit: Route map is from TransCanada.
