TC Energy

U.S. Army Corps of Engineers

The Keystone XL pipeline hit a snag earlier this year when its water-crossing permit from the U.S. Army Corps of Engineers was vacated by a Montana federal judge.

The Corps asked the U.S. Supreme Court for an emergency lifting of that order, but the high court left it in place.

The fast-track permit was a problem because it did not require extensive environmental review. Now TC Energy has applied to the Corps, as well as to the U.S. Fish & Wildlife Service, for permits that will undergo public scrutiny.

Natural Resources Defense Council

A Montana federal court order vacating certain water crossing permits for oil and gas pipelines will stand for now.

The Ninth Circuit Court of Appeals has denied a request from the Trump administration, TC Energy, and other energy companies to lift the judge's order pending appeal.

An attorney with the Natural Resources Defense Council says that ruling effectively halts Keystone XL pipeline construction.

SDPB's Victoria Wicks reports.

Montana Federal Court

Last month a Montana federal judge shook up the infrastructure industry when he vacated a widely used U.S. Army Corps of Engineers permit. This month the judge amended his order to rein in its reach. Now Nationwide Permit 12, or NWP 12, can be used for installation of non-pipeline projects such as cable, electric, and internet. But the judge left in place an injunction against using the permit for building oil and gas pipelines. SDPB's Victoria Wicks has this report.

Montana Federal Court

The Keystone XL pipeline now crosses the border between Alberta and Montana. TransCanada installed an 80-foot pipe in the middle of April, with completion of more than a mile of pipe planned. But with permits in question and lawsuits still going, the rest of construction is done piecemeal. One small construction site is near Philip, where workers are unloading pipe and build a worker camp. SDPB's Victoria Wicks has this report.

Sierra Club

A Montana federal judge has invalidated a key permit for the Keystone XL pipeline.

In an order handed down Wednesday, April 15, Judge Brian Morris says a permit issued by the U.S. Army Corps of Engineers bypassed necessary environmental reviews.

The order says TC Energy, formerly TransCanada, cannot build across waterways along the pipeline route until the Corps does more work on the permit.

SDPB's Victoria Wicks has this report.

The Rosebud Sioux Tribe has asked a Montana federal judge to put an emergency stop to the Keystone XL pipeline.

The South Dakota tribe and Montana's Fort Belknap Indian Community filed a request for a temporary restraining order on Friday, April 3.

The tribes say it's dangerous to bring construction workers to rural areas while the COVID-19 pandemic is active.

SDPB's Victoria Wicks has this report.

Listen to audio for the whole story.

According to news reports, TC Energy plans to start preconstruction of Keystone XL pipeline in mid to late March. That's at least two weeks before a Montana federal judge will hear arguments from tribes and environmentalists asking for a preliminary injunction.

TC's activities include bringing in crews to mow and grade the sites of pipe yards in Montana at the point of crossing the U.S.-Canada border.

A lawyer for the Rosebud Sioux Tribe and Fort Belknap Indian Community says TC is jumping the gun.

SDPB's Victoria Wicks reports.

Native American Rights Fund

In another round of briefings in Montana federal court, the Rosebud Sioux Tribe says the Keystone XL pipeline route crosses land where the tribe holds mineral and surface rights. And it says TC Energy's own maps show that encroachment. But the Department of Justice says the presidential permit doesn't apply to the pipeline as a whole, so any encroachment is the problem of state and local authorities. SDPB's Victoria Wicks reports.

Stephen Volker

Opponents to the Keystone XL pipeline have again asked a Montana federal judge to impose a preliminary injunction on the project.

Indigenous Environmental Network and North Coast Rivers Alliance say President Donald Trump acted illegally when he unilaterally gave the project a permit in 2019.

Listen to audio for the rest of the story.

SDPB's Victoria Wicks reports.

Victoria Wicks file photo

The South Dakota Water Management Board has approved permits for construction of the Keystone XL pipeline. After a dozen days of hearings held over the past nine months, the board unanimously voted on Tuesday, Jan. 21, to allow TransCanada, or TC Energy, to draw water from three South Dakota rivers.

The board also permitted Wink Cattle Company near Howes and landowners Dean and Lori Wilson near Buffalo to use water for the worker camps TC intends to build on their property.

NARF staff photo

TC Energy has reported to a Montana federal court that it intends to start construction on the Keystone XL pipeline next month.

Trenching won't begin until April. But in February and March, the company plans to move heavy equipment to sites for worker camps, pump stations, pipe yards, and the first crossing at the U.S.-Canada border.

An attorney for the Rosebud Sioux Tribe says TC is jumping the gun.

SDPB's Victoria Wicks has this report.

Faith Spotted Eagle file photo

An elder from the Yankton Sioux Tribe testified Monday, Jan. 13, on the potential impacts on women if the Keystone XL pipeline is built. Faith Spotted Eagle says the past, present, and future of indigenous women are threatened by construction and pollution. She made comments to the South Dakota Water Management Board in its hearing to determine whether to allow water use for the pipeline. SDPB's Victoria Wicks reports.

A federal judge in Montana has refused to dismiss a lawsuit brought by two tribes against President Donald Trump.

The suit claims the president's unilateral permitting of the Keystone XL pipeline in early 2019 violated treaties and the U.S. Constitution.

The Rosebud Sioux Tribe and Fort Belknap Indian Community say federal agencies have a duty to consult government-to-government with tribes.

In South Dakota, during water management hearings, a Rosebud official outlines the inadequacy of tribal involvement to date.

SDPB's Victoria Wicks reports.

Montana Federal Court

A federal judge in Montana has handed tribes and environmentalists a pair of partial victories in their fight to stop the Keystone XL pipeline.

Judge Brian Morris has denied requests for dismissal of suits against President Donald Trump, the U.S. State Department, and other federal agencies.

The actions were filed by the Rosebud Sioux Tribe, Fort Belknap Indian Community, Indigenous Environmental Network, and North Coast Rivers Alliance, et al.

Victoria Wicks file photo

Opponents to the Keystone XL pipeline tried to get climage change reports into the record at a state Water Management Board hearing held this week in Pierre.

TC Energy's attorney objected to repeated efforts to include the Fourth National Climate Assessment and other information on climate change for the board's consideration.

Although the data was not allowed, one witness testified to taking climate reports into consideration when making plans for tribal water use.

SDPB's Victoria Wicks has this report.

Victoria Wicks file photo

This week the South Dakota Water Management Board is hearing four more days of testimony on water permits for construction of the Keystone XL pipeline. The board heard five days of testimony in October, but didn't get through TC Energy's requests.

Still waiting to be heard are applications from two landowners who want to host worker camps.

SDPB's Victoria Wicks has this report on the latest round of hearings that started Tuesday, Dec. 17.

Victoria Wicks

The Water Management Board has set certain guidelines to consider water use for the Keystone XL pipeline. The board is hearing one legal consideration at a time for each of three rivers individually.

On this fourth day of hearings, testimony still centers on the first consideration, water quantity and availability.

However, when a witness is not available to come back for each of the considerations, he or she can be heard out of turn and address such topics as public good and beneficial use.

Wednesday morning started with one such witness.

Victoria Wicks

Climate activist Greta Thunberg attracted a large crowd to Rapid City's Memorial Park on Monday, Oct. 7. Part of the focus was stopping the Keystone XL pipeline.

At that same time, environmental and federal lawyers were preparing for a hearing in Montana that happens on Wednesday, Oct. 9. There a federal judge will consider placing an injunction on construction of the pipeline.

One of the rally organizers talks about the importance of the Montana hearing with SDPB's Victoria Wicks.

The President of the United States has the ongoing treaty obligation to protect tribes and their land from damage and encroachment. That's the argument made by the Rosebud Sioux Tribe and Fort Belknap Indian Community in a federal courtroom in Great Falls, Mont., on Thursday, Sept. 12.

The tribes have sued President Donald Trump and other federal agencies for giving TC Energy, formerly TransCanada, a permit for the Keystone XL pipeline to cross the U.S./Canada border into Montana.

SDPB's Victoria Wicks has this report.

NARF

A federal judge in Montana will hear arguments on Sept. 12 on the merits of a lawsuit brought by tribes against President Donald J. Trump.

The Rosebud Sioux Tribe and Fort Belknap Indian Community hold that the president unconstitutionally violated treaties when he issued a permit for the Keystone XL pipeline earlier this year.

TC Energy, formerly TransCanada, filed a motion asking Federal Judge Brian Morris to dismiss the case.

SDPB's Victoria Wicks has this report.