Republicans in Congress are following through on their pledge to make approval of the Keystone XL pipeline an early item on their agenda as they take control of both the House and Senate.
On January 9, the House easily approved a bill (H.R. 3) authorizing the pipeline’s construction; however, the vote, which was 266 to 157, fell short of the two-thirds majority necessary to override a presidential veto.
On the same day, the Nebraska Supreme Court, after months of deliberation, reached a decision that allowed a route for the pipeline to cross the State. The case focused on whether the Nebraska’s governor had a right to approve the route. In the end, the court was deadlocked on the question, which amounted to a ruling in favor of proceeding with the pipeline’s construction. The decision clears the way for the State Department to finish its interagency review of the pipeline, which was extended in April 2014, when the Nebraska court agreed to take the case.
Meanwhile, the White House is standing by its threat to veto any legislation approving the pipeline. White House spokesman Erick Schultz stated:
“Regardless of the Nebraska ruling today, the House bill still conflicts with longstanding Executive Branch procedures regarding the authority of the President and prevents the thorough consideration of complex issues that could bear on U.S. national interests, and, if presented, to the President, he will veto the bill.”
On January 13, the Senate began debating its Keystone bill, S. 1, adopting a motion to proceed on the bill after reaching an agreement to consider a variety of amendments, among them:
- An amendment by Senator Ed Markey (MA-D) to require that all oil derived from the Canadian tar sands transported through the pipeline would remain in the United States.
- An amendment by Senator Al Franken (MN-D) to require that that the pipeline be constructed from U.S. steel.
- An amendment by Senator Bernie Sanders (VT-I) stating that it is the sense of Congress that “climate change is real” and “caused by human activities” and that it has “already caused devastating problems in the United States and around the world.”
- An amendment by Senator Ted Cruz (TX-R) to lift restrictions on exports of U.S. crude oil that has been in place since the Arab oil embargo of the 1970s.
On January 26, Senate Democrats successfully filibustered an attempt by Majority Leader Mitch McConnell (KY-R) to end debate on the bill and proceed to a vote. The 53-to-39 vote fell six short of the 60 needed. Majority Leader McConnell switched his vote from yes to no, a procedural move that allows him to bring up the motion again.
Chances are that the bill to authorize construction of the pipeline will eventually pass, but for now, Democratic opponents are holding firm.
For more on this topic, see the January 2015 issue of Congressional Digest on “The Keystone XL Debate.”