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Date: 11-10-2018
Case Style:
Northern Plains Resource Council, et al. v. Ryan Zinke, et al.
Case Number: 4:17-cv-00031-BMM
Judge: Brian Morris
Court: United States District Court for the District of Montana (Cascade County)
Plaintiff's Attorney: Dougles P. Hayne, Eric E. Huber, Timothy M. Bechtold, Jaclyn H. Prange, Cecilia D. Segal and Selena Kyle for Northern Plains Resource Council, Friends of the Earth, Natural Resources Defense Council
Inc., Sierra Club and Bold Alliance
Amy R. Atwood and Jared Margolis for Center for Biological Diversity
Defendant's Attorney: Luther L. Hajek, Bridget K. McNeil, Mark Steger Smith for the United States
Jeffery J. Oven, Jeffrey M. Roth, Lauren C. Freeman, Mark L. Stermitz, Peter R. Steenland and Peter Chistopher Whitfield for TransCanada Keystone Pipeline LP and TransCanada Corporation
Description:
Great Falls, MT - Northern Plains Resource Council, et al. sued Ryan Zinke, et al. seeking review of an agency action relating to the approval of the Keystone pipeline project to be used to transport oil from Canada to Houston, Texas.
The approval was denied by the Obama Administration and was immediately approved by President Trump on his second day in office.
The plaintiff environmental organizations sought to enjoin the construction of the pipeline because the Trump administration failed to follow established procedures when it reversed the Obama Administration's decision.
Outcome: ORDER; (1) Plaintiffs Motions for Summary Judgment 139 145 are GRANTED IN PART and DENIED IN PART in accordance with the above Order; (2) Defendants CrossMotions for Summary Judgment 170 172 are GRANTED IN PART and DENIED IN PART; (3) It is further ordered that the Departments ROD issued on March 23, 2017, is VACATED. (4) Plaintiffs request for injunctive relief is GRANTED. The Court enjoins Federal Defendants and TransCanada from engaging in any activity in furtherance of the construction or operation of Keystone and associated facilities until the Department has completed a supplement to the 2014 SEIS that complies with the requirements of NEPA and the APA. (5) This matter is REMANDED to the Department for further consideration consistent with this order. Signed by Judge Brian Morris on 11/8/2018. Associated Cases: 4:17-cv-00029-BMM, 4:17-cv-00031-BMM (TLO) (Entered: 11/08/2018)
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Defendant's Experts:
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