policy
Who Stopped Keystone XL? What the Records Show
The pipeline was blocked in court before Biden took office, but Biden later revoked its presidential permit.
Keystone XL was not stopped by a single decision. The Obama administration denied its border-crossing permit, the Trump administration revived it, federal courts imposed major permitting obstacles, President Biden revoked its presidential permit in 2021, and TC Energy terminated the project months later.
November 2015 — The Obama administration denies the permit
Secretary of State John Kerry determined that issuing Keystone XL a presidential permit would not serve the national interest, and President Barack Obama agreed. Because the proposed pipeline crossed the U.S.-Canada border, that presidential permit was a central federal authorization for the project.
January–March 2017 — Trump revives the project
President Donald Trump invited TransCanada to resubmit its application and directed the State Department to review it on an expedited schedule. The State Department subsequently approved a presidential permit for the border facilities.
2018–2019 — A court blocks the earlier approval, then Trump issues a new permit
Federal litigation challenged the Trump administration's handling of Keystone XL and produced orders against the government's approval process. In March 2019, Trump issued a new presidential permit himself. The new permit expressly superseded and revoked the 2017 permit.
April–May 2020 — A federal court blocks a key water-crossing permit
In Northern Plains Resource Council v. U.S. Army Corps of Engineers, the U.S. District Court for the District of Montana ruled that the Army Corps violated the Endangered Species Act when it reissued Nationwide Permit 12 without the required consultation. The court's orders prevented Keystone XL from relying on that streamlined permit for covered water-crossing work while the litigation continued.
July 6, 2020 — The Supreme Court leaves the Keystone XL restriction in place
The Supreme Court partially stayed the district court's broader order. But its order made an explicit exception for Keystone XL. The result was that the broader restrictions were stayed while the Keystone XL-specific restriction remained in effect during the appeal.
January 20, 2021 — Biden revokes the presidential permit
On his first day in office, President Joe Biden issued Executive Order 13990. The order revoked the March 29, 2019 presidential permit for Keystone XL. This was a separate executive action from the earlier court rulings.
June 9, 2021 — TC Energy terminates Keystone XL
TC Energy announced that it had terminated the Keystone XL Pipeline Project after reviewing its options with the Government of Alberta. The company said construction activities had been suspended following the January 20 revocation of the presidential permit.
Conclusion
The records do not support reducing Keystone XL's end to a single event. Courts had already imposed significant permitting obstacles before Biden took office. TC Energy suspended construction following that revocation and formally terminated the project in June 2021.
Sources
[157]U.S. Department of State
Keystone XL Pipeline Permit Determination
[158]The White House
Presidential Memorandum Regarding Construction of the Keystone XL Pipeline
[159]U.S. Department of State
Issuance of Presidential Permit to TransCanada for Keystone XL Pipeline
[160]Natural Resources Defense Council
Keystone XL Case Documents — Northern Plains Resource Council v. Shannon
[161]Office of the Federal Register
Presidential Permit Authorizing TransCanada Keystone Pipeline, L.P.
[162]U.S. District Court for the District of Montana
Northern Plains Resource Council v. U.S. Army Corps of Engineers — Order on Partial Summary Judgment
[163]U.S. District Court for the District of Montana
Northern Plains Resource Council v. U.S. Army Corps of Engineers — Amended Order
[164]Supreme Court of the United States
U.S. Army Corps of Engineers v. Northern Plains Resource Council — Order in Pending Case
[165]Office of the Federal Register
Executive Order 13990 — Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis
[166]TC Energy
TC Energy Confirms Termination of Keystone XL Pipeline Project