Keystone XL South was approved via a controversial Army Corps Nationwide Permit 12 and an accompanying March 2012 Executive Order from President Barack Obama. The pipeline, open for business since January 2014, will now carry tar sands crude from Cushing, Oklahoma to Port Arthur, Texas without the cloud of the legal challenge hanging over its head since 2012.
US Army Corps of Engineers
The ever-wise Yogi Berra once quipped “It's like déjà vu all over again,” a truism applicable to a recent huge decision handed down by the United States District Court for the District of Columbia.
A story covered only by McClatchy News' Michael Doyle, Judge Ketanji Brown Jackson shot down Sierra Club and National Wildlife Federation's (NWF) request for an immediate injunction in constructing Enbridge's Flanagan South tar sands pipeline in a 60-page ruling.
That 600-mile long, 600,000 barrels per day proposed line runs from Flanagan, Illinois - located in the north central part of the state - down to Cushing, Oklahoma, dubbed the “pipeline crossroads of the world.” The proposed 694-mile, 700,000 barrels per day proposed Transcanada Keystone XL northern half also runs to Cushing from Alberta, Canada and requires U.S. State Department approval, along with President Barack Obama's approval.
Because Flanagan South is not a border-crossing line, it doesn't require the State Department or Obama's approval. If Keystone XL's northern half's permit is denied, Flanagan South - along with Enbridge's proposal to expand its Alberta Clipper pipeline, approved by Obama's State Department during Congress' recess in August 2009 - would make up that half of the pipeline's capacity and then some.
Last week, environmental watchdog groups including the National Parks Conservation Association (NPCA), Riverkeeper, the Delaware Riverkeeper Network and the Columbia Environmental Law Clinic filed a lawsuit against the Delaware River Basin Commission (DRBC) and the Army Corps of Engineers.
On Wednesday, West Virginia and Ohio politicians David B. McKinley (R-WV), with co-sponsors Shelley Moore Capito (R-WV), Nick Rahall (D-WV), Bill Johnson (R-OH) and Bob Gibbs (R-OH), filed legislation (H.R. 457) restricting the Environmental Protection Agency’s authority to revoke permits issued by the Secretary of the Army.
The proposed bill amends the Federal Water Pollution Control Act and specifically Section 404(c) of the Clean Water Act (which has only been used 13 times since 1972 - including two weeks ago when the EPA vetoed Spruce Mine No.1 in West Virginia). Retroactive to January 1, 2011, the EPA would lose oversight authority to revoke or veto a permit issued by the US Army Corps of Engineers (USACE).
Despite the fact that the EPA never signed off on Spruce Mine No.1 and it was Arch Coal’s subsidiary Mingo Logan Coal Co. which refused to compromise with the EPA to limit excess pollution and stream destruction, the Republican freshman McKinley claims that his legislation is going after EPA for years of bullying coal companies.