The political battle over the Keystone XL Pipeline

March 12, 2015

By Kelly Coyle

After a seven-year battle between Democrats, who have sided with environmental activists, and Republicans, who have sided with the oil industry, President Barack Obama quietly vetoed a bill approving the construction of the Keystone XL Pipeline in a short statement issued February 24, 2015. He wrote, "Through this bill, the United States Congress attempts to circumvent longstanding and proven processes for determining whether or not building and operating a cross-border pipeline serves the national interest." The veto is the third of Obama’s presidency and his first since 2010.

Keystone XL Pipeline Route

In response to the veto, Speaker John Boehner (R-Ohio) criticized Obama for prioritizing the desires of special interest groups over creating American jobs. He said, "The president is just too close to environmental extremists to stand up for America’s workers. He’s too invested in left-fringe politics to do what presidents are called on to do, and that’s put the national interest first."

The U.S. State Department estimated that the pipeline's construction would support "approximately 42,100 jobs (direct, indirect, and induced)." Obama, however, argued that the pipeline would only "create maybe 2,000 jobs during the construction of the pipeline...and then after that we're talking about somewhere between 50 and 100 jobs in an economy of 150 million working people."

The Senate failed to override Obama’s veto by a vote of 62 - 37 on March 4, 2015. Democratic Sens. Michael Bennet (Colo.), Tom Carper (Del.), Bob Casey, Jr. (Pa.), Heidi Heitkamp (N.D.), Joe Manchin (W.Va.), Claire McCaskill (Mo.), Jon Tester (Mont.) and Mark Warner (Va.) voted with Republicans, but they fell short of the two-thirds majority they needed.

After the vote, Senate Majority Leader Mitch McConnell (R-Ky.) and Sen. Barbara Boxer (D-Calif.) blamed special interests for their involvement in the pipeline battle.

McConnell said, "For a long time, projects like Keystone used to be no-brainers -- they were often approved without much controversy at all. But that was before powerful special interest groups and ideological extremists decided to embark on a quixotic quest."

In contrast, Boxer said, "Why would we build a pipeline to bring filthy, dirty oil to our great nation, to our communities? The only thing it helps, frankly, are the special interests in Canada."

Sen. John Hoeven (R-N.D.), a longtime supporter of the Keystone XL Pipeline, told Yahoo News that the effort to approve the pipeline will continue "by attaching Keystone approval to another bill this year," though he did not offer any specifics.

According to The New York Times, "final reviews of the pipeline by eight federal agencies were completed. However, Mr. Obama is under no legal obligation to make a final decision, and there is no official timetable for a decision. He could approve or deny the project at any time — or leave the decision to the next president." Obama has not commented on when, or if, he will make a final decision on the pipeline.

Pipeline timeline

March 4, 2015:

• The Senate failed to override President Barack Obama’s veto by a vote of 62 - 37. Democratic Sens. Michael Bennet (Colo.), Tom Carper (Del.), Bob Casey, Jr. (Pa.), Heidi Heitkamp (N.D.), Joe Manchin (W.Va.), Claire McCaskill (Mo.), Jon Tester (Mont.) and Mark Warner (Va.) voted with Republicans, but they fell short of the two-thirds majority they needed.

February 24, 2015:

• S.1 - the Keystone XL Pipeline Approval Act was presented to President Obama, and he vetoed the bill.

February 13, 2015:

• Speaker John Boehner signed the Keystone XL Pipeline bill, but he chose to delay sending it to Obama until after the President’s Day recess, in order to avoid a quick veto while members were out of town. He said, "Keystone isn’t just a pipeline, it’s a lifeline for our construction workers. And the overwhelming majority of the American people know it as well. So to the president, I would just say this: do the right thing, sign this bill."

February 11, 2015:

• S.1 - the Keystone XL Pipeline Approval Act passed the House 270-152.

February 11, 2015:

• The House passed H.Res.100, which called for a vote on S.1 "during the period from February 16, 2015, through February 23, 2015."

January 29, 2015:

• Speaker Boehner (R-Ohio) said, "I’d like to congratulate Sen. McConnell for passing this bill in an open, inclusive and bipartisan way. After dropping his scheme to tax middle-class college savings, we hope President Obama will now drop his threat to veto this common-sense bill."

January 29, 2015:

• S.1 - the Keystone XL Pipeline Approval Act passed the Senate 62 - 36. Democratic Sens. Michael Bennet (Colo.), Tom Carper (Del.), Bob Casey Jr. (Pa.), Joe Donnelly (Ind.), Heidi Heitkamp (N.D.), Joe Manchin (W.Va.), Claire McCaskill (Mo.), Jon Tester (Mont.) and Mark Warner (Va.) voted with Republicans to approve the bill.

January 9, 2015:

• H.R.3 - the Keystone XL Pipeline Act passed the House 266 - 153.

January 8, 2015:

• H.Res.19 passed the House 244 - 181. The bill stated, "Providing for consideration of the bill (H.R. 3) to approve the Keystone XL Pipeline, and providing for consideration of the bill (H.R. 30) to amend the Internal Revenue Code of 1986 to repeal the 30-hour threshold for classification as a full-time employee for purposes of the employer mandate in the Patient Protection and Affordable Care Act and replace it with 40 hours."

December 16, 2014:

• After the 2014 midterm election, incoming Senate Majority Leader Mitch McConnell (Ky.) said, "We'll be starting next year with a job-creating bill that enjoys significant bipartisan support. The first item up in the new Senate will be the Keystone XL pipeline."

November 18, 2014:

• The Senate rejected S.2280, which would have immediately authorized the continuation of the Keystone XL pipeline on November 18, 2014. The bill failed 59 - 41.

November 14, 2014:

• The House passed H.R.5682, which authorized TransCanada "to construct, connect, operate, and maintain the pipeline and cross-border facilities specified in an application filed by TransCanada Corporation to the Department of State on May 4, 2012."

April 18, 2014:

• The U.S. State Department announced it was "indefinitely extending the inter-agency review of the pipeline, citing ongoing litigation over a Nebraska law that allowed the pipeline’s route through the state," according to The Wall Street Journal.

February 19, 2014:

• "A district court judge in Nebraska declare[d] the law that allowed for the pipeline’s route through the state unconstitutional," according to The Wall Street Journal.

January 31, 2014:

• The U.S. State Department released "its final environmental impact statement, finding—as the previous one did—that the pipeline would not significantly exacerbate climate change," according to The Wall Street Journal.

May 22, 2013:

• The House passed H.Res.228 by a vote of 228 - 185. The bill set "forth the rule for consideration of the bill (H.R. 3) to approve the construction, operation, and maintenance of the Keystone XL pipeline."

March 22, 2013:

• The Senate passed S.Amdt.494 to S.Con.Res.8: "To establish a deficit-neutral reserve fund to promote investment and job growth in United States manufacturing, oil and gas production, and refining sectors through the construction of the Keystone XL Pipeline." It passed by a vote of 62 - 37.

May 4, 2012:

• TransCanada submitted a second request for a permit to construct the pipeline to the U.S. State Department.

March 8, 2012:

• The Senate rejected S.Amdt. 1537 to S. 1813, which would have approved the Keystone XL pipeline project. It failed by a vote of 56 - 42.

January 18, 2012:

• Obama rejected TransCanada's permit.

December 12, 2011:

• Nebraska Governor Dave Heineman said that he "supports efforts to accelerate federal approval of a controversial crude oil pipeline through Nebraska," according to The Journal Star.

November 10, 2011:

• Obama delayed a decision on the pipeline until after the 2012 election.

August 26, 2011:

• After a review of the Keystone XL Pipeline project, the U.S. State Department concluded that "it wouldn’t add significant amounts of greenhouse gas emissions to the atmosphere."

July 26, 2011:

• The House passed H.R. 1938, the North American-Made Energy Security Act. The bill required that a decision on the Keystone XL pipeline be made by November 1, 2011. The bill passed 279 - 147.

September 19, 2008:

• TransCanada filed for a cross-border permit with the U.S. State Department.

July 2008:

• “TransCanada announces plans to expand its existing 590,000 bpd Keystone oil pipeline system to the Gulf Coast,” according to Reuters.

Political debate

Despite a majority of Americans expressing their support for the construction of the Keystone XL Pipeline and "most energy policy experts" saying that "the project will have a minimal impact on jobs and climate," the pipeline has become a struggle for control and power between congressional Democrats and Republicans and “a symbol of the continuing struggle between environmentalists and conservatives.”

Democratic support

The following Democrats have voted with Republicans in support of the Keystone XL Pipeline:

Michael Bennet (D-Colo.)

Tom Carper (D-Del.): "The Keystone pipeline approval process has been mired in partisan politics and has dragged on for six long years. Unfortunately, this issue – more than any other – has kept Congress from doing long-overdue work on comprehensive energy legislation. Last November, I voted to approve the pipeline in part because I felt that six years of deliberation on this project was enough, and it was time to move on to other matters that will have a greater impact on our environment, our economy, and our energy security. Also, the State Department’s environmental impact study demonstrated that the negative environmental impacts of the pipeline will be relatively few, and the judicial process in Nebraska has now run its course. I hoped that my vote would be a signal to my Republican colleagues that I was serious about working together to find common ground on this and other challenging policies. Today, I voted to allow the pipeline to proceed for those same reasons."

Bob Casey, Jr. (D-Pa.)

Heidi Heitkamp (D-N.D.): "It’s appalling this process is taking so long. Not only is it unacceptable, but it’s embarrassing that we cannot approve a pipeline application in the time it took us to fight World War II. Since I took office, I have addressed this issue using both common sense, and my private sector experience working for Dakota Gasification for twelve years. I’ll continue to press the Administration to approve this pipeline, which is in our economic, national security, and energy interests. It’s the right thing for our country."

Joe Manchin (D-W.Va.): "We have everything to gain by building this pipeline, especially since it would help create thousands of jobs right here at home. Keystone XL is expected to create 20,000 direct jobs during construction and 118,000 indirect and spinoff jobs. With well over 1,000 American businesses already supplying goods and services to pipeline companies, the ripple effects of these projects would continue to boost economic prosperity and create more employment opportunities in other industries. Every state - including West Virginia - would benefit economically from this activity."

"Hoeven Talks Keystone Pipeline with Sen. McCaskill on CNBC's Kudlow Report," March 9, 2012

Claire McCaskill (D-Mo.): "When our own State Department review shows that this oil is coming out of the ground, it’s only a question of how, then the decision to be made is this—what is the safest way to move it to market? Pipelines are better than barges or trains. That’s common sense, and I will vote to override this veto."

Jon Tester (D-Mont.): "Building the Keystone XL pipeline will help Eastern Montana to reach its full economic potential. The pipeline would run through Montana and include an on-ramp in Baker for oil from the Bakken. The on-ramp will deliver up to 100,000 barrels of oil per day to market. Today, Bakken oil is getting less than market value because of shipping constraints — Keystone XL will help fix that. ...I am disappointed that Congress and the president cannot work together to support this common sense project. Built with respect for private property rights and to the highest safety standards, the pipeline will safeguard our most treasured places and increase our energy independence."

Mark Warner (D-Va.): "I support construction of the Keystone pipeline. A State Department environmental review found the project will not significantly add to global warming, it will create jobs (though likely not as many as supporters claim), and it will allow the U.S. to increase its energy security. After six years of study and debate, it is time to approve this project."

2014 Democratically-controlled Senate

Longtime supporters of the Keystone XL Pipeline, former Sen. Mary Landrieu (D-La.) and then-Rep. Bill Cassidy (R-La.), who was elected to the Senate in 2014, spearheaded an effort to approve the completion of the project during their 2014 runoff election battle.

In an apparent effort to save her Senate seat, Landrieu was unable to persuade her Democratic colleagues to pass a bill to approve the pipeline. Democratic members of the Senate, who resisted holding a vote on the pipeline while the Obama administration conducted a six-year review of the project, defeated a version of Cassidy's proposed legislation, H.R.5682, 59 - 41 on November 18. The House passed Cassidy's bill by a vote of 252 - 161 on November 14.

Some believed that the vote would help Landrieu distance herself from Obama and his administration's energy policies, which were largely unpopular with Louisianians. Landrieu, ultimately, was unsuccessful in getting the pipeline approved and winning re-election. Cassidy defeated Landrieu in the December 6 runoff election by 11.8 percent of the vote.

If the completion of the pipeline had been approved by Congress, it was unclear as to whether President Barack Obama would have vetoed the bill. White House Press Secretary Josh Earnest said, "The administration has taken a dim view of these kinds of legislative proposals in the past. It's fair to say that our dim view of these kinds of proposals has not changed."

Special interests

Opposition

• Thomas Steyer, founder of NextGen Climate Action: "I believe with all my heart that the Keystone XL pipeline is not in the best interest of our kids. By virtue of this letter, NextGen Climate is taking a Courage Pledge to support Members of Congress who are now being threatened with political attacks because they had the courage to stand up for our children by opposing the Keystone XL pipeline. ...The Keystone XL pipeline is a gateway to some of the world’s dirtiest oil that will significantly increase the amount of pollution in our air and water and endanger some of our most critical resources for generations to come."

• Bill McKibben, a founder of the group 350.org: The Keystone XL Pipeline "is like a Rube Goldberg machine producing global warming and other environmental catastrophes. If we’re going to do anything about global warming, it’s the poster child for the kind of stuff that’s going to have to stay in the ground."

• Sierra Club executive director Michael Brune: "Republicans in Congress continued to waste everyone’s time with a bill destined to go nowhere, just to satisfy the agenda of their big oil allies. The president has all the evidence he needs to reject Keystone XL now, and we are confident that he will."

Supporters

The RNC’s video, "Walk The Walk," February 24, 2015

• Jack Gerard, president and CEO of the American Petroleum Institute: "Lawmakers are listening to the American people on Keystone. That’s why Democrats and Republicans came together on this bill and that is why there are efforts to override the president’s veto. While we urge Congress to continue to fight for KXL, there should be no need for Congressional action if the president would make a final judgment on Keystone. The president has always had the authority on this and he can approve this pipeline today. After more than six years, it’s time to move beyond excuses and delays. If we are ever going to enhance our nation’s infrastructure we must start by making good decisions on projects that are in our national interest."

• Republican National Committee Chairman Reince Priebus: "The least President Obama can do is look the American people in the eye when he is so blatantly defying them. The fact he vetoed the bipartisan Keystone Pipeline in private shows how out of step he is with the priorities of the American people, who overwhelmingly support this vital jobs and infrastructure project."

What is the Keystone XL Pipeline?

The Keystone XL pipeline project proposed by TransCanada, a Canadian-based energy company, would transport crude oil extracted from tar sands from Alberta, Canada, and shale oil from North Dakota and Montana to Nebraska. The pipeline would then connect to existing pipelines and transport oil to refineries in the Gulf Coast. The pipeline would span 875 miles and could potentially transport 830,000 barrels of oil per day.

Federal approval

The Keystone XL pipeline would cross the United States-Canadian border and thus requires a presidential permit from the U.S. State Department. Before the department makes a decision regarding the pipeline, it must evaluate and document the pipeline's environmental impacts under the National Environmental Policy Act (NEPA). TransCanada applied for the necessary permit in 2008, and the State Department denied the request even after the Nebraska Legislature approved a plan to redirect the pipeline's route away from the state's Sand Hills region. The Sand Hills region is considered to be an environmentally sensitive prairie region located in north-central Nebraska. The company re-applied for a permit in May 2012 after modifying the pipeline's route. The new application required another environmental impact study. According to The New York Times, "Final reviews of the pipeline by eight federal agencies were completed" in February 2015, but President Barack Obama has not made a final decision on whether or not he will approve the pipeline.

Keystone: Public opinion

The majority of Americans favor building the Keystone XL Pipeline, but the issue does reveal a partisan split with more Republicans than Democrats in support of the project. According to a November 2014 survey conducted by Pew Research, "83% of Republicans favor building the pipeline, virtually unchanged from March 2013, but Democratic support has fallen 11 points since then, from 54% to 43%."

Keystone XL Pipeline Public Opinion Polls
Poll	Favor	Oppose	Unsure/ No response	Margin of Error	Sample Size
CBS News May 16-19, 2014	56%	28%	17%	+/-3	1,001
Pew Research Center Nov. 6-9, 2014	59%	31%	10%	+/-3.1	1,353
USA Today/Princeton Survey Research Associates International Nov. 13-16, 2014	60%	25%	14%	+/-3.6	1,000
CBS News Jan. 9-12, 2015	60%	28%	12%	+/-3	1,001
Note: A "0%" finding means the candidate was not a part of the poll. The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org

Recent news

This section links to a Google news search for the term "Keystone XL Pipeline"

Keystone XL Pipeline News Feed

See also

• 114th Congress
• Environmental policy in the United States
• Energy policy in the United States

External links

• U.S. State Department, "Keystone XL Project Executive Summary," January 2014
• Natural Resources Defense Council, "Climate Impacts of the Keystone XL Tar Sands Pipeline," October 2013