There’s an aspect of President Obama’s decision to kill the Keystone XL pipeline that’s been overlooked by the media. He did so in violation of legislation he himself signed into law. Mary Anastasia O’Grady is right in comparing Obama with leaders of banana republics.
Out of options, Mr. Obama concluded last week that it is not in the national interest to grant the permit because of the State Department’s view that further environmental studies are required due to the Nebraska rerouting. It’s a nice try. But it directly contravenes the rider, which specifically states that the one thing Mr. Obama need not concern himself about—indeed could not consider—is any new environmental impact studies.
The three bullet points that cover this point in the rider couldn’t be much clearer: First, “the final environmental impact statement issued by the Secretary of State on August 26, 2011, satisfies all requirements of the National Environmental Policy Act of 1969 . . . and section 106 of the National Historic Preservation Act.” Second, “any [my emphasis] modification” to the route “shall not require supplementation of the final environmental impact statement . . .” Third, “no further Federal environmental review shall be required.”
Congress anticipated that Mr. Obama would try to use the complex process of environmental study as a fig leaf for further delaying the pipeline. But if the law is to be followed, since the president failed to make a national interest determination as specified in the rider, it means that “the permit for the Keystone XL pipeline . . . shall be in effect by operation of law.” (Read More)
I hope the Republican candidates take a few moments from fighting each other in tonight’s debate to discuss how Obama not only killed many thousands of jobs, but violated the law in the process.
Update: Daily Pundit linked – thanks!