Comment Re:Ignore the order. (Score 1) 125
the real story is way more complex than that, because the legality of the permit was in question and had been under scrutiny by the courts for the entire period in question
It's really not. The vast majority of lawsuit were bourne by environmentalists challenging with laws that were effectively EPA fiat (which change with a favorable administration, or by spending additional time addressing deficiencies). None of them were insurmountable (which is why the project continued on, even in light of the lawsuits). The permit rescinding by a hostile administration, however, was insurmountable.
Any one of those cases could potentially have been insurmountable if a judge had found in their favor. Like I said, there were fundamental questions of law regarding whether that permit was lawfully issued in the first place.
There's a reason that the oil companies did not bother to fight the Biden administration's decision to rescind the permit, and simply shut down the project.
The project was never shut down; it was suspended: https://www.theguardian.com/en...
They took apart the portions that were already built. It was shut down. Spin it however you want; the project was dead at that point.
And I don't understand why you think they would fight it. The President clearly wasn't going to let the permit through. His words had nothing to do with legality and everything to do with ideology ("Obama said his decision was in agreement with the State Departmentâ(TM)s assessment that the pipeline âoewould not serve the national interests of the United Statesâ): https://www.theguardian.com/en...
They would fight it if they thought that him rescinding the permit was unlawful, because the only alternative was losing the money they had already spent building parts of it. They did not, because they believed that given the circumstances, rescinding the permit was lawful. They were potentially correct because of the way that the permit was issued.
The construction companies correctly surmised this project was going to be shelved until they got a more favorable administration.
Again, they did not. They stopped construction and started tearing it down. There are no plans to try again.
So it's not really the same thing. It's not even close.
I mean, it's not far off
It actually is far off.
A legally issued permit is binding on the government. An illegally issued permit is not. The offshore wind farm permits were legally issued. The Keystone XL permits likely were not.
The legal difference between a permit issued through the usual decades-long approval process and a permit issued in an expedited fashion under executive orders to rush the environmental review to make the project happen is substantial. The legality of that executive order was in question, and the expedited environmental review created serious questions about whether the review met the standards required by federal law. At that point, it became the states' right to challenge the permitting, and they did.
Had they won, the permits would have been rolled back by the courts.