A US federal judge has turned down a bid by the Trump administration to dismiss a lawsuit challenging a presidential permit for the planned Keystone XL oil pipeline.
US District Judge Brian Morris dismissed the arguments of the US Justice Department that the court had no authority to question the permit issued by the State Department.
The Associated Press also reported that Morris had also rejected motions by TransCanada Corporation to dismiss the suit.
The Keystone Pipeline is an oil pipeline system in Canada and the US, currently owned solely by TransCanada. A planned fourth phase of the pipeline system, Keystone XL, was temporarily delayed by US President Barack Obama in 2015 following growing concerns and strong sentiments among environmentalists.
Current US President Donald Trump, however, signed a memorandum that revived the project earlier this year – a move that has drawn heavy criticism.
Both conservation groups and Native American organizations have since filed a suit challenging the presidential permit, arguing that an environmental review of the project conducted in 2014 was inadequate. The groups have asked Morris to revoke the permit.
Government attorneys moved to dismiss the suit, maintaining that Trump had constitutional authority over matters of foreign affairs and national security.
In response, Morris rejected the idea that any potential court injunction would unlawfully infringe on the president’s authority. He cited a decision by the 9th US Circuit Court of Appeals in a case involving a federal visa exchange program. The circuit court’s decision “has made clear that the State Department cannot avoid judicial review simply by invoking its consideration of ‘foreign policy’ or ‘security’ factors,” Morris said.
The Justice Department and TransCanada said they were reviewing the decision,
The Associated Press reported.
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