Can Congress Clear Keystone Pipeline?

January 23, 2012

Congress would likely have the authority to clear TransCanada's Keystone XL pipeline, which last week was rejected by President Barack Obama, according to the Congressional Research Service. The report comes as Republican lawmakers are considering end runs that would transfer the approval process for the pipeline away from the State Department.

"[I]f Congress chose to assert its authority in the area of border crossing facilities, this would likely be considered within its Constitutionally enumerated authority to regulate foreign commerce," according to the report covered by The Hill E2/Wire blog.

Source: AGC