Biden’s Keystone Pipeline Cancellation Could Be Thwarted by SCOTUS’ Reasoning in DACA Case

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Legal experts see a potential snag President Joe Biden may run into in canceling the Keystone XL Pipeline. It stems from the reasoning the Supreme Court employed last June to block former President Donald Trump from ending the Deferred Action for Childhood Arrivals program. In the majority opinion, Chief Justice John Roberts wrote that the Trump administration had failed to properly account for the “reliance interests” of DACA recipients, and that “consideration must be undertaken by the agency in the first instance, subject to normal [Administrative Procedure Act] review.” The APA requires executive departments to enact their policies in a reasonable manner, including the consideration of those who relied upon and made decisions based on the existence of the program.