Friday, Sep. 11, 2020
Does the president have the power to start or stop construction of an international oil pipeline?
The president, given the role's overall Constitutional authority over foreign affairs, controls development of cross-border energy infrastructure projects by issuing, revoking, revising, suspending and/or transferring "presidential permits." The permits authorize construction and operation of oil pipelines, natural gas pipelines and electrical transmission facilities and are issued through designated executive-branch departments and agencies.
President Donald Trump in March 2019 issued a new permit authorizing construction and operation of the Keystone pipeline between Canada and the U.S., following a series of reviews that began in 2010 during the Obama administration and continued through multiple court challenges. The administration also made some changes governing similar procedures in the future.
This fact brief is responsive to conversations such as this one.
Sources
- Harvard: New presidential permit for Keystone pipeline and permitting changes
- White House: Keystone pipeline permit
- Federation of American Scientists: Congressional Research Service paper on presidential permits
- Federal Register: Procedures with respect to presidential permits
- BBC: Why the Keystone XL pipeline is so disputed
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Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by Gigafact contributor publications.
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