July, 06 2020, 12:00am EDT

For Immediate Release
Contact:
Gabby Brown, Sierra Club, gabby.brown@sierraclub.org
Jared Margolis, Center for Biological Diversity, jmargolis@biologicaldiversity.org
Jake Thompson, NRDC, jthompson@nrdc.org
Erin Jensen, Friends of the Earth, ejensen@foe.org
Mark Hefflinger, Bold Alliance, mark@boldalliance.org
Dustin Ogdin, Northern Plains Resource Council, dustin@northernplains.org
In Yet Another Blow to Keystone XL, Supreme Court Rejects Bid to Revive Key Water-crossing Permit
WASHINGTON
The U.S. Supreme Court today declined a request from TC Energy and the Trump administration to allow the Keystone XL pipeline to proceed under Nationwide Permit 12, a key water-crossing permit for pipelines that a district court found unlawful. The court also issued a partial stay of the district court's decision as it applies to other pipelines while a full appeal of the decision moves forward.
In April the U.S. District Court in Montana ruled that the Army Corps of Engineers violated the Endangered Species Act when it issued Nationwide Permit 12, vacating the permit and prohibiting the Corps from using this fast-tracked approval process for Keystone XL and other pipeline projects. The Army Corps had pushed to allow pipeline construction under the permit to continue during its appeal of the ruling in the 9th Circuit. That court rejected the Army Corps' request. The Supreme Court's order partially reverses the 9th Circuit's decision, allowing other pipelines to continue using Nationwide Permit 12 but continuing to bar the construction of Keystone XL through rivers, streams and wetlands while the appeal is heard.
TC Energy also faces additional roadblocks to completing Keystone XL, including other legal challenges, oil market chaos, and a recent commitment by Joe Biden to rescind the pipeline's permit should he be elected president.
"More than ten years after it was proposed, Keystone XL is as far as it's ever been from being completed. We're glad to see the court acknowledge that the Trump administration is not above the law and cannot just ignore critical environmental protections in pursuit of building this dangerous tar sands pipeline," said Doug Hayes, Sierra Club senior attorney. "Keystone XL would threaten communities, wildlife, and clean drinking water along its route, and we'll continue to fight to ensure it is blocked for good."
"This is an important win that will protect imperiled wildlife from the dangers of Keystone XL," said Jared Margolis, senior attorney with the Center for Biological Diversity. "The courts have made clear that we can't continue to sacrifice vulnerable species so giant corporations can profit from dirty fossil fuels that pollute our waters and climate."
"Farmers, ranchers, tribal communities, and the clean water they depend on are a bit safer today thanks to the high court allowing the justice system to proceed in due course," said Dena Hoff, a Montana farmer and member of the Northern Plains Resource Council. "The Keystone XL pipeline is a threat to our air, land, water, and climate. We are glad the Supreme Court has rejected this effort to ram through this dangerous Canadian tar sands project."
"The Supreme Court sided with clean water and the people today," said Jane Kleeb, Bold Alliance founder. "The government has abused the Army Corps' permitting process, putting our water at risk just because Big Oil demanded a fast approval process. We will continue to fight to protect our clean water for future generations."
"Today the Supreme Court rejected the Trump Administration's attempt to skirt the law and ignore environmental protections to ram through a dirty pipeline project," said Marcie Keever, legal director for Friends of the Earth. "For years concerned Americans have fought against this climate-destroying pipeline and today we are one step closer to defeating it for good."
"Today's ruling makes clear that the builders of Keystone XL can't rely on a flawed, rubber-stamped permit to force the project's construction through our wetlands, streams, and rivers," said Cecilia Segal, an attorney at NRDC (Natural Resources Defense Council). "It's a resounding victory for the communities and imperiled species living along this pipeline's proposed route. Keystone XL is not in our national interest and should never be built."
At the Center for Biological Diversity, we believe that the welfare of human beings is deeply linked to nature — to the existence in our world of a vast diversity of wild animals and plants. Because diversity has intrinsic value, and because its loss impoverishes society, we work to secure a future for all species, great and small, hovering on the brink of extinction. We do so through science, law and creative media, with a focus on protecting the lands, waters and climate that species need to survive.
(520) 623-5252LATEST NEWS
'Absolute Insanity': Right-Wing Activist Asks If Trump Will Suspend Habeas Corpus to Expel More Migrants
"Anyone advocating for suspending the writ of habeas corpus because they don't like due process is spitting on the legacy of those who fought and died for this country and our Constitution," said one policy expert.
Apr 28, 2025
With the Trump administration making space in the press briefing room for right-wing podcasters and other conservative "new media" content creators, viewers of briefings since President Donald Trump took office have seen his press secretary field questions about the Ukrainian president's clothing during an Oval Office meeting, compliments about Trump's "fitness plan," and attacks on reporters who have long reported from the White House.
On Monday, the first question of the briefing was derided by one Democratic politician as "absolute insanity," as right-wing commentator and influencer Rogan O'Handley—also known by the handle "DC Draino"—was given the floor to ask whether Trump will suspend the writ of habeas corpus in order to circumvent several judges' rulings and "start shipping out" undocumented immigrants without due process.
"Can you please let us know if and when the Trump administration is planning to suspend the writ of habeas corpus to circumvent these radical judges?" asked O'Handley after accusing federal judges of "thwarting [Trump's] agenda with an unprecedented number of national injunctions."
O'Handley shared some familiar right-wing talking points—saying federal judges have provided "more due process to violent MS-13 and Tren de Aragua illegal aliens than they did for U.S. citizens who peacefully protested on January 6"—as he suggested the administration should abandon the legal principle under which people who are detained are permitted to challenge their imprisonment in court.
"You have got to be kidding me," wrote Sara McGee, a Democrat running for the Texas House of Representatives.
His question came amid escalating attacks by Republicans and the administration on judges who have ruled against the White House. A Republican congressman said last month that Chief Judge James Boasberg of the U.S. District Court in Washington, D.C. should be impeached for issuing an order against Trump's invocation of the Alien Enemies Act to expel hundreds of undocumented immigrants to El Salvador. Last week, the FBI arrested Milwaukee County Circuit Judge Hannah Dugan for allegedly helping a migrant evade arrest by escorting him out of her courtroom.
Aaron Reichlin-Melnick, a senior fellow with the American Immigration Council, noted that O'Handley and press secretary Karoline Leavitt also repeatedly cited at least one statistic that was "completely made up"—that the Biden administration allowed 15 million undocumented immigrants into the United States—as they suggested Trump should take legal steps to force all of them out of the country without the input of the judicial system.
The undocumented population in the U.S. in 2023 was 11.7 million, according to the Center for Migration Studies, down from the peak of 12 million, which was reached in 2008.
"They've been pushing this on the right for about a week now," said Reichlin-Melnick of the push to suspend habeas corpus for undocumented immigrants. "Anyone advocating for suspending the writ of habeas corpus because they don't like due process is spitting on the legacy of those who fought and died for this country and our Constitution."
Leavitt responded to O'Handley's question by saying while she has "not heard such discussions take place... the president and the entire administration are certainly open to all legal and constitutional remedies" to continue expelling people from the United States.
Several cases of undocumented immigrants who have been sent to El Salvador's notorious Terrorism Confinement Center have made national headlines in recent weeks, including that of Maryland resident Kilmar Abrego Garcia; Merwil Gutiérrez, a 19-year-old who federal agents acknowledged was not who they were looking for during a raid; and Andry Hernandez Romero, a makeup artist who was accused of being a gang member solely because he had tattoos.
O'Handley's suggestion that the bedrock legal principle be suspended for undocumented immigrants—hundreds of whom have already been forced out of the country without due process—came ahead of Trump's scheduled signing of two new immigration-related executive orders.
One would direct the departments of Justice and Homeland Security to publish a list of sanctuary cities and states—those where local law enforcement are directed not to cooperate with Immigration and Customs Enforcement as it seeks to arrest undocumented immigrants.
The other, Leavitt said, would "unleash America's law enforcement to pursue criminals." The New York Postreported that the order would be related to providing local police agencies with military equipment and legal support for officers accused of wrongdoing.
Keep ReadingShow Less
Thanedar Introduces 7 Articles of Impeachment Against Trump to Halt 'Authoritarian Power Grab'
"Always interesting to see how primary challenges affect members' behavior, though usually it's a bit more subtle than this," one journalist said of the Michigan Democrat.
Apr 28, 2025
Faced with two primary challengers and growing public support for impeaching U.S. President Donald Trump a historic third time, Congressman Shri Thanedar on Monday filed seven articles of impeachment against the second-term Republican.
"Donald Trump has repeatedly demonstrated that he is unfit to serve as president and represents a clear and present danger to our nation's constitution and our democracy," Thanedar (D-Mich.) said in a statement. "His unlawful actions have subverted the justice system, violated the separation of powers, and placed personal power and self-interest above public service. We cannot wait for more damage to be done. Congress must act."
Thanedar explained the seven articles of impeachment included in his resolution in a brief video, which he shared on social media.
As a statement from the congressman's office details, Trump's alleged constitutional violations are:
- Obstruction of Justice and Abuse of Executive Power: Including denial of due process, unlawful deportations, defiance of court orders, and misuse of the Department of Justice.
- Usurpation of Appropriations Power: For dismantling congressionally established agencies and impounding federal funds.
- Abuse of Trade Powers and International Aggression: Including imposing economically damaging tariffs and threatening military invasion against sovereign nations.
- Violation of First Amendment Rights: Through retaliatory actions against critics, media, and attorneys exercising constitutionally protected speech.
- Creation of an Unlawful Office: By establishing the Department of Government Efficiency (DOGE) and unlawfully empowering Elon Musk to unilaterally violate the Constitution.
- Bribery and Corruption: Involving dismissing criminal cases, soliciting foreign emoluments, and extortionate settlements for personal and political gain.
- Tyrannical Overreach: Seeking to consolidate unchecked power, erode civil liberties, and defy constitutional limits on presidential authority.
Earlier this month, Thanedar called for Trump's impeachment over his administration's failure to comply with a 9-0 Supreme Court ruling about facilitating the return of Kilmar Abrego Garcia from a prison in El Salvador to the United States.
"We must take action now," he said at the time. "Donald Trump and members of his administration are deporting people with limited evidence and no due process to horrific megaprisons in a foreign nation. As a member of Congress, I have a responsibility to uphold the checks and balances that safeguard the integrity of our democracy and prevent a slide into authoritarianism. This must be a red line. Otherwise, we risk Donald Trump continuing to defy the Constitution in his own interest, rather than the interest of the nation."
"Enough is enough," Thanedar declared. "We can not allow this obvious authoritarian power grab to continue. I urge my colleagues on both sides of the aisle to stand up for the Constitution and the American people and join the call for impeachment."
While Thanedar had expressed support for impeachment prior to Monday, his resolution came as a second primary challenger announced his candidacy for Michigan's 13th Congressional District. State Rep. Donavan McKinney (D-11) joined former state Sen. Adam Hollier (D-2), who has twice tried to oust the congressman and is trying to do so again next year.
McKinney is backed by the progressive group Justice Democrats, whose executive director Alexandra Rojas said in a statement earlier Monday that "Democratic voters in the face of unprecedented attacks on our livelihoods and liberties are fed up with a Democratic Party overrun by do-nothing career politicians who are totally unequipped to lead in this moment. Donavan represents the future the Democratic Party should be fighting: working-class people taking our power back from multimillionaires to deliver for everyday people."
After Thanedar announced the impeachment resolution, Business Insider senior politics reporter Bryan Metzger said on social media Monday that it is "always interesting to see how primary challenges affect members' behavior, though usually it's a bit more subtle than this."
Recent polling has found that a majority of voters disapprove of how Trump is handling his job and would support a historic third impeachment. In response to one survey, Free Speech for People's Alexandra Flores-Quilty—whose group is leading a nonpartisan Impeach Trump Again campaign—declared Friday that "it's up to Congress to do their job, defend the Constitution, and impeach and remove Donald Trump from office for his grave abuses of power."
Trump is the only president to be impeached twice by the House of Representatives—though in both cases during his first term, he was acquitted by the Senate. Republicans now narrowly control both chambers of Congress.
While Republicans haven't yet signaled a willingness to stand against the president, U.S. Rep. Al Green (D-Texas) told attendees of an early April anti-Trump rally that "within the next 30 days, I'm bringing articles of impeachment."
Axiosnoted Monday that "Rep. Ilhan Omar (D-Minn.) also privately floated impeaching Defense Secretary Pete Hegseth, National Security Adviser Mike Waltz, and Director of National Intelligence Tulsi Gabbard over Signalgate."
Keep ReadingShow Less
Warren to Trump Treasury Chief: Did You Give Wall Street Execs Insider Info on Trade Talks?
"You owe Congress and the public an explanation for why you and other White House officials appear to be providing Wall Street insiders secret information on the tariffs," wrote Democratic Sen. Elizabeth Warren.
Apr 28, 2025
Democratic U.S. Sen. Elizabeth Warren is pressing Treasury Secretary Scott Bessent for answers following reports that officials inside President Donald Trump's White House have been providing Wall Street executives with advance notice about potentially market-moving trade talks with other nations, including China and India.
In a letter to Bessent dated April 25, Warren points to a Bloombergstory noting that Bessent "told a closed-door investor summit" that the "tariff standoff with China cannot be sustained by both sides and that the world's two largest economies will have to find ways to de-escalate."
The summit, which took place last Tuesday, was hosted by the Wall Street behemoth JPMorgan Chase in Washington, D.C. Bloomberg observed that the S&P 500 rose nearly 3% after Bessent's comments were leaked.
CNN additionally reported that Bessent's private assessment of the U.S.-China standoff "gave a boost to a Wall Street rally that had taken shape earlier on Tuesday, with all three major U.S. stock indexes hitting their highest levels of the day after Bessent's remarks were made public."
"Chaos, confusion, economic damage, and opportunities for corruption have become the hallmark of President Trump's rollout of his tariff policies."
Warren wrote in her letter that the JPMorgan event "was not open to the public or media" and expressed concern that Bessent "provided a room full of wealthy investors and Wall Street executives exclusive, advance tips about the administration's trade policy, potentially creating the opportunity for insider trading or other financial profiteering by well-connected friends of the administration."
"Chaos, confusion, economic damage, and opportunities for corruption have become the hallmark of President Trump's rollout of his tariff policies," Warren continued. "President Trump's opaque decision-making on tariffs and frequent, seemingly random changes of course have created a scenario where wealthy investors and well-connected corporations can get special treatment, receiving inside information they can use to time the market, or obtaining tariff exemptions that are worth billions of dollars—while Main Street, small businesses, and America's families are left to clean up the damage."
"You owe Congress and the public an explanation for why you and other White House officials appear to be providing Wall Street insiders secret information on the tariffs, while withholding that information from the public," the senator added, demanding that Bessent answer a series of questions—including who attended the event and how much time passed between his private remarks and press reports on the event.
Warren sent the letter a day after Fox Business correspondent Charles Gasparino reported that unnamed officials inside the Trump White House have been "alerting Wall Street execs they are nearing an agreement in principle on trade with India," heightening concerns that the administration is effectively encouraging insider trading.
Trump told reporters Friday that he "can't imagine" anyone in his administration tipping off Wall Street executives about nonpublic trade developments.
"I have very honorable people, that I can say," the president said. "So I can't even imagine it."
On Monday, a group of congressional Democrats warned the White House of "potential violations of federal ethics and insider trading laws by individuals close to the president with access to nonpublic information."
The Democratic lawmakers pointed specifically to a spike in the volume of call options—essentially bets that a stock price will rise—shortly before Trump announced a partial tariff pause earlier this month.
"We therefore urgently request a full accounting of the periodic transaction reports for all senior White House and executive branch employees since the start of the administration, and we ask for your commitment to transmit all reports to the Office of Government Ethics (OGE) to be made public, as was done during the first Trump administration," the lawmakers wrote Monday. "By failing to take these steps, the administration would be withholding critical information from the American people regarding potential violations of federal ethics and insider trading laws."
Keep ReadingShow Less
Most Popular