“The president might think that he’s killed the Keystone XL pipeline, at least for as long as he’s in office. But he could be very wrong.”
Investor’s Business Daily editorializes:
President Obama was able to snuff out the project and with it a vast supply of needed crude because the executive office has traditionally handled permits on cross-border facilities, which the pipeline is considered since it would originate in Canada.
But that doesn’t mean that’s the only way for the pipeline to be approved. Attorneys at the Congressional Research Service have determined that lawmakers can pass a bill requiring a permit for the pipeline — which would have carried crude that will now instead be shipped by a rail line owned by Warren Buffett, one of Obama’s supporters.
Their review “suggests that legislation related to cross-border facility permitting is unlikely to raise significant constitutional questions, despite the fact that such permits have traditionally been handled by the executive branch alone pursuant to its constitutional ‘foreign affairs’ authority.”