Environmental -- 2017



TransCanada Keystone XL Pipeline, LP v. Kerry   (S.D. Texas)

Challenge to Executive authority to block Keystone XL Pipeline

The NAM filed an amicus brief in support of TransCanada’s challenge to the Obama Administration’s disapproval of a cross-border permit for the Keystone XL pipeline. The denial violates the separation of powers and would directly affect U.S. trade with other nations. The NAM’s brief argued that the president’s justification for denial was not based on national security but was instead intended to regulate foreign commerce, which is an impermissible exercise of the foreign affairs power to usurp Congress’s authority over foreign commerce. This matter was dismissed as moot when the new administration granted the pipeline permit.


Related Documents:
NAM amicus brief  (May 9, 2016)