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re: Can States Invoke the 10th Amendment to override a Presidential EO such as the Keystone
Posted on 2/17/21 at 9:40 am to Indefatigable
Posted on 2/17/21 at 9:40 am to Indefatigable
quote:
Nope. Pipeline is interstate commerce.
The FERC is the overarching permitting agency for interstate pipelines. If a pipeline company has been issued an FERC permit it means that all other permits (state, local, EPA, COE, historical, archeological, wildlife and fisheries, etc.) have been acquired and if said pipeline company is living up to the terms and conditions of the permit the president can't come in and shut down operations at the stroke of a pen. It's going to take significate and unprecedented legal action that I'm not aware of for a president to shut down a FERC permitted and regulated pipeline that is in compliance.
Keystone is totally different than a typical interstate pipeline. It's an international pipeline and international pipelines are under the jurisdiction of the State Department.
The Keystone border crossing permit literally says the president can shut you down for no reason at all:
quote:
This permit may be terminated, revoked, or amended at any time at the sole discretion of the President, with or without advice provided by any executive department or agency (agency).
This is why Keystone was screwed.
Permit.
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