Indigenous Environmental Network v. Trump

ELR Citation: 50 ELR 20239
No(s). 4:19-cv-00028-BMM (D. Mont. Oct 16, 2020) (Morris, J.)

A district court denied a request to block a permit issued by President Trump authorizing a pipeline company to construct a cross-border segment of the Keystone XL oil pipeline. Environmental groups argued the president violated the Property Clause, the Commerce Clause, and Executive Order No. 13337 when he issued the permit, and sought a preliminary injunction. The court found the groups failed to show they were likely to succeed on the merits, failed to demonstrate the likelihood rather than the mere possibility of their alleged irreparable injuries—potential leaks caused by operating the pipeline and the social costs related to worker camps—and that the weight of factors in balancing equities and public interest remained unclear and thus failed to compel granting preliminary relief. It therefore denied the motion for preliminary injunction.

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