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 Resource Type: Report
 Country: Canada
 Decade: 2010-2019
 Collection: Congressional Research Service Reports
Proposed Keystone XL Pipeline: Legal Issues

Proposed Keystone XL Pipeline: Legal Issues

Date: January 23, 2012
Creator: Vann, Adam; Alexander, Kristina; Burrows, Vanessa K. & Thomas, Kenneth R.
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.
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