Case: State of Texas v. Joseph R. Biden, Jr.

3:21-cv-00065 | U.S. District Court for the Southern District of Texas

Filed Date: March 17, 2021

Closed Date: Jan. 6, 2022

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Case Summary

On March 17, 2021, 21 states sued the United States government, including President Biden and other high-ranking federal officials, in the United States District Court for the Southern District of Texas over the Biden Administration’s revocation of the permit for the building of the Keystone XL pipeline. The Keystone XL pipeline is part of a larger system of pipelines designed to transport approximately 830,000 barrels of oil from Canada into various parts of the United States. Immediately afte…

The states alleged that President Biden violated the U.S. Constitution’s separation of powers when he issued Executive Order 13990 because the power to regulate foreign and interstate commerce belongs to Congress and not the President. Further, if Congress had allowed the President to revoke the pipeline, it would violate the nondelegation doctrine, which prevents Congress from delegating its legislative powers to the President. In addition, the states alleged that cabinet officials and federal agencies violated their statutory authority by enforcing this order, and that the order was arbitrary and capricious in violation of the APA. Lastly, the states alleged that the federal agencies’ actions did not go through notice and comment as required by the APA.

The states sought declaratory and injunctive relief, including permanently enjoining the Biden administration from taking any action to enforce, implement, or otherwise put into effect the decision to revoke the permit, as well as reasonable costs and attorney’s fees. The case was assigned to Judge Jeffrey Vincent Brown.

On June 1, 2021, the states filed an Amended Complaint. Two additional states joined as plaintiffs and additional agency officials were named as defendants.

On July 12, 2021, the Biden Administration filed a motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim. They claimed the permit issued during the Trump Administration provided that it “may be terminated, revoked, or amended at any time at the sole discretion of the President” and the states didn't question President Trump’s authority to have issued it in the first place. In addition, the company in charge of the Keystone XL pipeline terminated the project and announced it would not pursue any permits for it, now or in the future, making the states’ claims moot. Further, the Biden Administration argued that the states did not have standing to sue because they lacked a cognizable injury in fact and with the termination of the Keystone XL pipeline, any asserted injuries could no longer be redressed by a court order, so the court lacked the subject matter jurisdiction to hear the case. Finally, the Administration argued that the court couldn't grant relief under the APA because it is inapplicable to the President.

In addition, the Biden Administration argued that the Amended Complaint failed to state a claim upon which relief can be granted because the President’s Article II powers encompass the authority to control border crossings, as the pipeline extends from Canada into the United States. Thus, the President had the constitutional authority to revoke the permit. Subsequently, on July 13, 2021, the court stayed discovery until the motion was decided. Oral argument was held on December 8, 2021.

On January 6, 2022, the court granted the Biden Administration’s motion to dismiss. 578 F.Supp.3d 849. The court held that the lawsuit was moot since the company behind the Keystone XL pipeline abandoned the project and stated it would not try to obtain a permit, now or in the future. Thus, there was no live controversy for the court to adjudicate and any rulings the court would make on the permit would have no impact. There were no appeals after the case was dismissed.

	Document
1 3:21-cv-00065	Complaint	March 17, 2021	March 17, 2021 Complaint 2021 WL 50111
71 3:21-cv-00065	First Amended Complaint	June 1, 2021	June 1, 2021 Complaint 2021 WL 5792800
150 3:21-cv-00065	Memorandum Opinion and Order	Jan. 6, 2022	Jan. 6, 2022 Order/Opinion 578 F.Supp.3d 849

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0541-26128483) filed by State of Oklahoma, State of West Virginia, State of Indiana, State of Montana, State of Kansas, State of Wyoming, State of Texas, State of Mississippi, State of South Dakota, State of Arizona, State of Kentucky, State of Alabama, State of Missouri, State of South Carolina, State of Utah, State of Ohio, State of Louisiana, State of Arkansas, State of Nebraska, State of North Dakota, State of Georgia.(Walters, Ryan) (Entered: 03/17/2021)	March 17, 2021	March 17, 2021 Clearinghouse
2	Civil Cover Sheet by State of Alabama, State of Arizona, State of Arkansas, State of Georgia, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wyoming, filed.(Walters, Ryan) (Entered: 03/17/2021)	March 17, 2021	March 17, 2021
3	ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/12/2021 at 09:30 AM in by video before Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3) (Entered: 03/18/2021)	March 18, 2021	March 18, 2021 RECAP
4	MOTION for Jean Lin to Appear Pro Hac Vice by Alejandro Mayorkas, in his official capacity as Secretary of the Department of Homeland Security, Antony J. Blinken, in his official capacity as Secretary of the Department of State, Jane Nishida, in her official capacity as Acting Administrator of the Environmental Protection Agency, Jennifer Granholm, in her official capacity as Secretary of the Department of Energy, Joseph R. Biden, Jr., in his official capacity as President of the United States, Merrick B. Garland, in his official capacity as Attorney General of the United States, Pete Buttigieg, in his official capacity as Secretary of Transportation, Scott De La Vega, in his official capacity as Acting Secretary of the Interior, United States Of America, filed. Motion Docket Date 4/8/2021. (Thorp, Galen) (Entered: 03/18/2021)	March 18, 2021	March 18, 2021
5	MOTION for Robert J. Makar to Appear Pro Hac Vice by State of Arizona, filed. Motion Docket Date 4/9/2021. (Attachments: # 1 Letter of Good Standing)(mmapps, 4) (Entered: 03/19/2021)	March 19, 2021	March 19, 2021
6	ORDER granting 5 Motion for Robert J. Makar to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/22/2021)	March 22, 2021	March 22, 2021
7	ORDER granting 4 Motion for Jean Lin to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/22/2021)	March 22, 2021	March 22, 2021
8	MOTION for Stuart J. Robinson to Appear Pro Hac Vice by Alejandro Mayorkas, in his official capacity as Secretary of the Department of Homeland Security, Antony J. Blinken, in his official capacity as Secretary of the Department of State, Jane Nishida, in her official capacity as Acting Administrator of the Environmental Protection Agency, Jennifer Granholm, in her official capacity as Secretary of the Department of Energy, Joseph R. Biden, Jr., in his official capacity as President of the United States, Merrick B. Garland, in his official capacity as Attorney General of the United States, Pete Buttigieg, in his official capacity as Secretary of Transportation, Scott De La Vega, in his official capacity as Acting Secretary of the Interior, United States Of America, filed. Motion Docket Date 4/12/2021. (Lin, Jean) (Entered: 03/22/2021)	March 22, 2021	March 22, 2021
9	MOTION for Kevin Snell to Appear Pro Hac Vice by Alejandro Mayorkas, in his official capacity as Secretary of the Department of Homeland Security, Antony J. Blinken, in his official capacity as Secretary of the Department of State, Jane Nishida, in her official capacity as Acting Administrator of the Environmental Protection Agency, Jennifer Granholm, in her official capacity as Secretary of the Department of Energy, Joseph R. Biden, Jr., in his official capacity as President of the United States, Merrick B. Garland, in his official capacity as Attorney General of the United States, Pete Buttigieg, in his official capacity as Secretary of Transportation, Scott De La Vega, in his official capacity as Acting Secretary of the Interior, United States Of America, filed. Motion Docket Date 4/12/2021. (Lin, Jean) (Entered: 03/22/2021)	March 22, 2021	March 22, 2021
10	ORDER granting 8 Motion for Stuart J. Robinson to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/23/2021)	March 23, 2021	March 23, 2021
11	ORDER granting 9 Motion for Kevin Snell to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/23/2021)	March 23, 2021	March 23, 2021
12	MOTION for Justin D Lavene to Appear Pro Hac Vice by State of Nebraska, Douglas J. Peterson, Nebraska Attorney General filed. Motion Docket Date 4/14/2021. (mmapps, 4) (Entered: 03/24/2021)	March 24, 2021	March 24, 2021
13	ORDER (Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3) (Entered: 03/24/2021)	March 24, 2021	March 24, 2021 RECAP
14	Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Joseph R. Biden, Jr., in his official capacity as President of the United States, # 2 Antony J. Blinken, in his official capacity as Secretary of the Department of State, # 3 Merrick B. Garland, in his official capacity as Attorney General of the United States, # 4 Alejandro Mayorkas, Secretary of the United States Department of Homeland Security, # 5 Deb Haaland, in her official capacity as U.S. Secretary of the Interior, # 6 Jennifer Granholm, in her official capacity as Secretary of the Department of Energy, # 7 Pete Buttigieg in his official capacity as Secretary of Transportation, # 8 Michael S. Regan, in his official capacity as Administrator of the Environmental Protection Agency)(Walters, Ryan) (Entered: 03/24/2021)	March 24, 2021	March 24, 2021
15	MOTION for Edmund G. LaCour Jr. to Appear Pro Hac Vice by State of Alabama, filed. Motion Docket Date 4/15/2021. (LaCour, Edmund) (Entered: 03/25/2021)	March 25, 2021	March 25, 2021
16	Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF & First-class mail, filed. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(JessicaVillarreal, 3) (Entered: 03/25/2021)	March 25, 2021	March 25, 2021
17	First MOTION for David M.S. Dewhirst to Appear Pro Hac Vice by State of Montana, filed. Motion Docket Date 4/15/2021. (Dewhirst, David) (Entered: 03/25/2021)	March 25, 2021	March 25, 2021
18	MOTION for Nicholas J. Bronni to Appear Pro Hac Vice by State of Arkansas, filed. Motion Docket Date 4/15/2021. (mmapps, 4) (Entered: 03/25/2021)	March 25, 2021	March 25, 2021
19	MOTION for Matthew A Sagsveen to Appear Pro Hac Vice by State of North Dakota, filed. Motion Docket Date 4/15/2021. (mmapps, 4) (Entered: 03/25/2021)	March 25, 2021	March 25, 2021
20	ORDER granting 18 Motion for Nicholas J. Bronni to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/25/2021)	March 25, 2021	March 25, 2021
21	ORDER granting 19 Motion for Matthew A. Sagsveen to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/25/2021)	March 25, 2021	March 25, 2021
22	ORDER granting 17 Motion for David M.S. Dewhirst to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/25/2021)	March 25, 2021	March 25, 2021
23	ORDER granting 15 Motion for Edmund Gerard LaCour Jr. to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/25/2021)	March 25, 2021	March 25, 2021
24	ORDER granting 12 Motion for Justin D. Lavene to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/25/2021)	March 25, 2021	March 25, 2021
25	MOTION for Travis S. Jordan to Appear Pro Hac Vice by State of Wyoming, filed. Motion Docket Date 4/16/2021. (agould, 3) (Entered: 03/26/2021)	March 26, 2021	March 26, 2021
26	ORDER granting 25 Motion for Travis S. Jordan to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/26/2021)	March 26, 2021	March 26, 2021
27	MOTION for Jeffery J. Tronvold to Appear Pro Hac Vice by State of South Dakota, filed. Motion Docket Date 4/19/2021. (mmapps, 4) (Entered: 03/29/2021)	March 29, 2021	March 29, 2021
28	MOTION for James Emory Smith, Jr to Appear Pro Hac Vice by State of South Carolina, filed. Motion Docket Date 4/19/2021. (mmapps, 4) (Entered: 03/29/2021)	March 29, 2021	March 29, 2021
29	MOTION for Brant M. Laue to Appear Pro Hac Vice by State of Kansas, filed. Motion Docket Date 4/19/2021. (ltrevino, 3) (Entered: 03/29/2021)	March 29, 2021	March 29, 2021
30	MOTION for Andrew A. Pinson to Appear Pro Hac Vice by State of Georgia, filed. Motion Docket Date 4/19/2021. (ltrevino, 3) (Entered: 03/29/2021)	March 29, 2021	March 29, 2021
31	MOTION for Benjamin M. Flowers to Appear Pro Hac Vice by State of Ohio, filed. Motion Docket Date 4/19/2021. (DesireeSillas, 4) (Entered: 03/29/2021)	March 29, 2021	March 29, 2021
32	ORDER granting 27 Motion for Jeffery J. Tronvold to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/30/2021)	March 30, 2021	March 30, 2021
33	ORDER granting 28 Motion for James Emory Smith Jr. to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/30/2021)	March 30, 2021	March 30, 2021
34	ORDER granting 29 Motion for Brant M. Laue to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/30/2021)	March 30, 2021	March 30, 2021
35	ORDER granting 30 Motion for Andrew A. Pinson to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/30/2021)	March 30, 2021	March 30, 2021
36	ORDER granting 31 Motion for Benjamin M. Flowers to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/30/2021)	March 30, 2021	March 30, 2021
37	MOTION for Victor B Maddox to Appear Pro Hac Vice by State of Kentucky, filed. Motion Docket Date 4/20/2021. (agould, 3) (Entered: 03/30/2021)	March 30, 2021	March 30, 2021
38	MOTION for Marc Manley to Appear Pro Hac Vice by State of Kentucky, filed. Motion Docket Date 4/20/2021. (agould, 3) (Entered: 03/30/2021)	March 30, 2021	March 30, 2021
39	MOTION for Krissy Nobile to Appear Pro Hac Vice by State of Mississippi, filed. Motion Docket Date 4/20/2021. (olindor, 4) (Entered: 03/30/2021)	March 30, 2021	March 30, 2021
40	CERTIFICATE OF INTERESTED PARTIES by Joseph R Biden, Jr, Antony J. Blinken, Pete Buttigieg, Scott De La Vega, Merrick B Garland, Jennifer Granholm, Alejandro Mayorkas, Jane Nishida, United States Of America, filed.(Lin, Jean) (Entered: 03/31/2021)	March 31, 2021	March 31, 2021

Case: State of Texas v. Joseph R. Biden, Jr.

3:21-cv-00065 | U.S. District Court for the Southern District of Texas

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