• Sign up for the Daily Digest E-mail
  • Facebook
  • X
  • LinkedIn

BOE Report

Sign up
  • Home
  • StackDX Intel
  • Headlines
    • Latest Headlines
    • Featured Companies
    • Columns
    • Discussions
  • Well Activity
    • Well Licences
    • Well Activity Map
  • Property Listings
  • Land Sales
  • M&A Activity
    • M&A Database
    • AER Transfers
  • Markets
  • Rig Counts/Data
    • CAOEC Rig Count
    • Baker Hughes Rig Count
    • USA Rig Count
    • Data
      • Canada Oil Market Data
      • Canada NG Market Data
      • USA Market Data
      • Data Downloads
  • Jobs

Keystone XL and Dakota Access: A legal perspective on each moving forward

January 25, 201710:49 AM BOE Report Staff

The orders issued on Keystone and Dakota Access focus on very different processes, but seek the same result of expediting those processes, including by relying on existing environmental review. Significantly, neither mandate a particular result, though the President has said he supports both projects.

The order on construction of the Keystone XL Pipeline maintains the long-standing delegation to the State Department to make a “national interest” determination, including by undertaking NEPA review. But the new order then moves to expedite review by setting a 60 day deadline for the State Department and deeming the existing environmental review to fulfill the NEPA review requirement. The order then goes on to require the Army Corps of Engineers, the BLM, Fish & Wildlife Service and other agencies to expedite any review of domestic construction under their jurisdictions.

The Dakota Access pipeline does not require a presidential permit but instead is subject to the same agency reviews as those mentioned in the Keystone order for wholly domestic construction. Similar to that order, the President requires the relevant agencies to expedite their reviews and consider existing environmental assessments, while authorizing the Corps to rescind a more recent decision to expand environmental review.

Given the controversial nature of both projects, litigation is likely once any final decisions are made on the relevant permits. Here again the different nature of the processes will be significant. It will be harder to challenge a presidential permit decision since it is based on executive authority and not statutory law. A Corps decision in the Dakota Access matter, on the other hand, is like any other major federal permitting action, which was subject to challenge under the Administrative Procedure Act, NEPA and other relevant statutes.

This post was written by James Rubin. Mr. Rubin is a partner at the international law firm Dorsey & Whitney. Before going into private practice, Mr. Rubin served for 15 years in the Environment and Natural Resources Division of the U.S. Department of Justice, where he was an assistant chief in the Law and Policy Section, a trial attorney in the Environmental Defense Section, and an agency representative to the White House Climate Change Task Force. He was on was on several US delegations from 1995-2000, including at Kyoto. He coordinated the division’s international program and worked on a wide variety of domestic and international environmental policy and litigation matters, as well as trade and investment negotiations and disputes.

Keystone XL

Follow BOE Report
  • Facebook
  • X
  • LinkedIn

Sign up for the BOE Report Daily Digest E-mail

Successfully subscribed

Latest Headlines
  • Discount on Western Canada Select widens
  • European Commission proposes Russian oil price cap 15% below global price
  • US oil/gas rig count down for 11th week to lowest since 2021, Baker Hughes says
  • Taiwan’s CPC Corp eyes US shale gas assets, sources say
  • Saudi Arabia complying fully with voluntary OPEC+ target, energy ministry says

Return to Home
Alberta GasMonthly Avg.
CAD/GJ
Market Data by TradingView

    Report Error







    Note: The page you are currently on will be sent with your report. If this report is about a different page, please specify.

    About
    • About BOEReport.com
    • In the News
    • Terms of Use
    • Privacy Policy
    • Editorial Policy
    Resources
    • Widgets
    • Notifications
    • Daily Digest E-mail
    Get In Touch
    • Advertise
    • Post a Job
    • Contact
    • Report Error
    BOE Network
    © 2025 Stack Technologies Ltd.