by GHung » Fri 09 Nov 2018, 20:01:10
$this->bbcode_second_pass_quote('Cog', 'G')hung
What environment law is in play here? I've never heard of a climate change law. Citation please. If there is some climate change law in place, that the president must obey, then you should have no problem providing me the Congressional bill number or statute number.
Show me in "environmental law" where climate change theory interferes with a president's executive authority over borders. Cite the appropriate statute or law that is in play here. While you are at it cite the law or statute where by the president is acting outside the Constitution or his authority contained within. I will wait patiently.
I know you believe that judges should rule based on feelings or some social justice construct, but that isn't really what their constitutional role is in America.
You don't know squat. I don't believe that at all. I didn't mention climate change, and I didn't even say whether or not I agreed with the ruling.
As for the rest, see the National Environmental Policy Act of 1969 (summary:
https://www.epa.gov/laws-regulations/su ... policy-act). The Judges job in this case is to determine if the requirements of the Act, and other related statutes are met in connection with the authorizations that are required to construct and operate interstate pipeline projects certificated by the Federal Energy Regulatory Commission (“FERC”). In this case:
$this->bbcode_second_pass_quote('', '
')In late March 2018, In a court declaration Jill Reilly, the Acting NEPA Coordinator of the U.S. Department of State’s Bureau of Oceans and International Environmental and Scientific Affairs, wrote that the Department is “reviewing the MAR in light of TransCanada’s announcement” that TransCanada is seeking MAR construction easements. The Department will hire a contractor to conduct the new environmental review.
On August 15, 2018, the US District Court for the District of Montana ruled that the supplemental EIS from 2014 needed to consider the pipeline’s approved route through Nebraska and the State Department is required to complete that analysis.
On September 10, 2018, the Rosebud Sioux Tribe and the Fort Belknap Indian Community filed a lawsuit in the U.S. District Court for the District of Montana challenging the State Department’s decision to issue a cross-border permit for the Keystone XL pipeline. The filing alleges various violations of the Administrative Procedure Act, National Environmental Policy Act and National Historic Preservation Act during the permitting process.
On September 24, 2018, the State Department released the draft review of the new route for the pipeline approved last year by the Nebraska Public Service Commission. In the draft supplemental environmental impact statement, the department wrote that “there is potential for environmental impacts from the Proposed Action, should an accidental or otherwise unexpected release of crude oil from the Keystone XL pipeline or facilities occur,” but concluded that impacts would not be significant because a release is unlikely.
On November 8, 2018, the U.S. District Court for the District of Montana ordered the State Department to revisit key aspects of its NEPA analysis before pipeline construction can begin, including reassessing and further explaining its analysis of cumulative greenhouse gas emissions from both Keystone XL and the Alberta Clipper pipeline expansion. The judge also ordered the State Department to reassess the potential for oil spills, impacts to cultural resources and implications of current oil prices.
http://environment.law.harvard.edu/2018 ... -pipeline/