Federal Judge in Montana Blocks KXL Construction

A Montana-based Federal Judge blocked further construction of the Keystone XL pipeline Thursday, Nov. 8, in U.S. District Court for the District of Montana in Great Falls. According to court documents, environmental groups including the Indigenous Environmental Network, the North Coast River Alliance and the Northern Plains Resource Council sued the U.S. State Department, TransCanada Keystone Pipeline and the TransCanada Corporation.

The groups alleged, "The department violated the Administrative Procedure Act (APA), the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) when it published its Record of Decision (ROD) and National Interest Determination (NID) and issued accompanying Presidential Permit to allow defendant-intervenor TransCanada Keystone Pipeline, LP to construct a cross-border oil pipeline." The documents sought a summary judgment meaning there was no trial on the case, but a decision will be made by the judge.

In response to the court filings, Judge Brian Morris vacated the department's record of decision forcing the State Department to go back through the process and start over. The Court also issued an injunction against any further construction on the Keystone XL pipeline and the State Department stating, "The court enjoins Federal Defendants and TransCanada from engaging in any activity in furtherance of the construction or operation of Keystone and associated facilities until the Department has completed a supplement to the 2014 SEIS [supplemental environmental impact statement] that complies with the requirements of NEPA and the APA."

The judge remanded the issue back to the State Department, meaning the department can complete the supplemental and allow the construction of KXL. In a statement, sent through a spokesperson to the Courier, TransCanada stated, "We have received the judge's ruling and continue to review it. We remain committed to building this important energy infrastructure project."

Glendive-based farmer Dena Hoff, who chairs the Northern Plains Resource Council's Keystone XL Pipeline Task Force, expressed excitement at the court's decision to issue the injunction and to revisit the EIS.

Hoff has a personal connection to oil development affecting her farming operations. In January 2015, an oil spill on the Yellowstone River involving a 12-inch pipeline spilled over 40,000 barrels of crude into the river system. Hoff stated that her sheep pastures relied on the Yellowstone for water and that the spill had tainted the ground water with benzines and other pollutants as a result of the spill.

She pointed out that KXL would also put her farming operation at risk as the pipeline crosses the Yellowstone river upstream from her irrigated farm land. Hoff commented, "I've already seen what a 12-inch pipe spill can do, I can't imagine what a 36-inch pipe will do."

"It's not worth the risk," reiterated Hoff asking, "Why would somebody want to endanger the Missouri and Yellowstone, two of the most historic, iconic and economically important rivers in our country to benefit the shareholders of a foreign corporation?"

Hoff went on to explain that her family moved to farm in Dawson County from western North Dakota in 1981 after oilfield development in the Dakotas convinced them to seek farming elsewhere. "I was excited," said Hoff discussing the news of the injunction, "I think it was very nice that the judge validated our claims."

In a statement put out by the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation the group said they were, "[E]xtremely pleased with the Court's decision to halt construction of the pipeline and relieved that the Court recognized the shortcomings of previous environmental reviews. The tribes have consistently opposed construction of the pipeline and consider Judge Morris' order a victory for the Assiniboine and Sioux people."

The release also highlighted the Tribe's concerns that the pipeline would cross the Missouri River upstream from the Dry Prairie Water Treatment intake, which provides water not only to the Fort Peck Indian Reservation but to much of rural Northeast Montana. The tribe also pointed out that the pipeline's construction would put numerous significant tribal cultural and religious sites at risk.

Although the only statement provided by TransCanada in response to this story is above in an earlier interview with the Courier, TransCanada did address threats to the Missouri River stating through a spokesperson, "Water protection is very important to TransCanada and we take several steps and measures to limit the risks, including the installation of  automatic shut-off valves that allow TransCanada to close and isolate the pipe in minutes. TransCanada is also required under federal law to have a robust emergency plan in place for any possible incident and we conduct regular emergency response exercises with first responders and other emergency agencies along the route in Montana."

Montana Congressman Greg Gianforte released a statement on the Court's actions saying, "Another activist court has halted another critical energy project. The Keystone XL project will create Montana jobs, make America more secure, and lower gas prices. I look forward to an appeal of the decision."

The KXL pipeline will traverse two Canadian Provinces and three states before meeting up with the existing Keystone Pipeline in Nebraska and will pump tar sand crude from Alberta to Texas for refinement and export. The project is purported to cost TransCanada $8 billion once completed.