ELR Citation: 48 ELR 20203
No(s). CV-17-29-GF-BMM and CV-17-31-GF-BMM (D. Mont. Dec 7, 2018) (Morris, J.)

A district court granted in part and denied in part a pipeline company's motion to amend the court's previous order temporarily enjoining the company from constructing a cross-border oil pipeline known as Keystone XL. The company sought clarification of the injunction to ensure that it could continue certain preconstruction activities, and requested that the court narrowly tailor relief to address environmental groups' purported injury. The court determined that the company could conduct some uncontested preparatory permitting, contracting, and surveying work, but that it could not move forward with preparing off-site pipe storage and work camps, nor could it mow and patrol the project site to prevent migratory bird nesting as these activities could introduce bias in NEPA review. The court therefore granted in part the company's motion to amend and ordered that the remainder of its previous order remain in effect.