Proposed Keystone XL Pipeline: Legal Issues

Description:

This report reviews those legal issues. First, it suggests that legislation related to cross-border facility permitting is unlikely to raise significant constitutional questions, despite the fact that such permits have traditionally been handled by the executive branch alone pursuant to its constitutional "foreign affairs" authority. Next, it observes generally that state oversight of pipeline siting decisions does not appear to violate existing federal law or the Constitution. Finally, the report suggests that State Department's implementation of the existing authority to issue presidential permits appears to allow for judicial review of its National Environmental Policy Act determinations.

Creator(s):
Location(s):
Creation Date: January 23, 2012
Partner(s):
UNT Libraries Government Documents Department
Collection(s):
Congressional Research Service Reports
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Total Uses: 44
Past 30 days: 2
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Creator (Author):
Vann, Adam

Legislative Attorney

Creator (Author):
Alexander, Kristina

Legislative Attorney

Creator (Author):
Burrows, Vanessa K.

Legislative Attorney

Creator (Author):
Thomas, Kenneth R.

Legislative Attorney

Publisher Info:
Place of Publication: Washington D.C.
Date(s):
  • Creation: January 23, 2012
Coverage:
Place
United States
Place
Canada
Description:

This report reviews those legal issues. First, it suggests that legislation related to cross-border facility permitting is unlikely to raise significant constitutional questions, despite the fact that such permits have traditionally been handled by the executive branch alone pursuant to its constitutional "foreign affairs" authority. Next, it observes generally that state oversight of pipeline siting decisions does not appear to violate existing federal law or the Constitution. Finally, the report suggests that State Department's implementation of the existing authority to issue presidential permits appears to allow for judicial review of its National Environmental Policy Act determinations.

Physical Description:

32 pages.

Language(s):
Subject(s):
Partner:
UNT Libraries Government Documents Department
Collection:
Congressional Research Service Reports
Identifier:
Resource Type: Report
Format: Text