Congress Can Force Decision On Keystone Pipeline: Report

Law360, New York (January 23, 2012, 1:54 PM EST) -- Congress most likely has the constitutional authority to force President Barack Obama to rule on TransCanada Corp.'s controversial Keystone XL pipeline, according to a legal analysis of the project released Friday by the Congressional Research Service.

The report notes that while the executive branch has historically had the final say on cross-border projects, the Constitution gives Congress broad powers to regulate trade with other countries.

“If Congress chose to assert its authority in the area of border-crossing facilities, this would likely be considered within its constitutionally...
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