A lawsuit filed by 21 states in the federal district court for the Southern District of Texas asserted that President Biden’s revocation of the presidential permit for the Keystone XL pipeline and associated actions by cabinet officials violated the Constitution and the Administrative Procedure Act. The states contended that President Biden’s actions encroached on congressional power over interstate and international commerce and therefore violated the Constitution’s separation of powers. They alleged that although Biden invoked a “climate crisis,” “ ‘imperatives of events’ have not prevailed such that the President’s unenumerated powers entitle him to supersede the enumerated power of Congress to regulate … foreign and interstate commerce.” In addition, the complaint asserted that the cabinet officials acted outside their statutory authority, that the revocation of the permit violated the non-delegation doctrine, that it was arbitrary and capricious, and that it should have gone through notice and comments.

Challenge to President Biden's revocation of the presidential permit for the Keystone XL pipeline and associated actions.

Texas v. Biden

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States Said Biden’s Revocation of Keystone XL Permit Violated Separation of Powers

Filed

United States of America

Texas

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