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1 1 (June 11, 2019)

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Keystone XL Pipeline: The Saga Continues



June  11, 2019

On March 29, 2019, President Trump issued a new Presidential Permit for the proposed Keystone XL
Pipeline, superseding the prior Presidential Permit issued by the U.S. State Department in 2017. By
issuing the new permit personally, rather than delegating his permit authority as before, the President
pursued a new approach to advance the pipeline project in the face of ongoing legal challenges. The
pipeline's developer, TC Energy (previously named TransCanada), has not yet made major capital
commitments to the project as it evaluates changing oil market conditions and seeks a clear path to
construction. Congress has acted in the past to influence the pipeline's approval and many Members
remain interested in its development.


Keystone XL Pipeline Project

Keystone XL is intended to transport oil sands crude from western Canada, and shale oil from North
Dakota and Montana, to a hub in Nebraska for further delivery to Gulf Coast refineries (Figure 1). The
U.S. pipeline section would be 880 miles long with the capacity to deliver 830,000 barrels per day. The
project is motivated by constrained oil pipeline capacity for Canadian exports, which has depressed
Western Canadian oil prices realized by oil sands producers. Development of Keystone XL has been
controversial, however. Pipeline proponents argue for increasing U.S. oil supplies from a stable ally,
which they argue offers economic benefits, especially jobs. Opponents express concern about greenhouse
gas emissions, continued U.S. dependency on fossil fuels, and the environmental risk of an oil release.
Keystone XL requires a Presidential Permit because it would cross an international border. The developer
applied for a Presidential Permit initially in 2008 and again in 2012. The Obama Administration denied
both applications. However, upon invitation from the Trump Administration and an associated directive
for federal agencies to expedite review, TransCanada resubmitted its application on January 26, 2017.
Prior to issuing the 2017 State Department permit, the Trump Administration exempted Keystone XL
from the scope of a Presidential Memorandum requiring domestically produced materials for new U.S.
pipelines.


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