Governor Gordon Issues Executive Order to Evaluate Constitutionality of other Federal Actions

CHEYENNE, Wyo. –  Wyoming has joined 20 other states in a lawsuit seeking to overturn the decision by the Biden Administration to cancel the Keystone XL Pipeline project. 

Once the Keystone pipeline was completed, the project was expected to help free up pipeline space in Wyoming. The project is estimated to create 42,100 jobs with $2 billion in associated earnings throughout the United States.

“The Keystone project was authorized by Congress and would provide economic benefits to multiple states, including Wyoming,” Governor Gordon said. “It’s foolish to think cancelling this pipeline does anything good for the country or climate. It will merely shift production offshore to places with lower environmental standards, worse safety records and laxer workforce protections, while at the same time undermining our own domestic energy security. Let’s put America first because we do it right.”

The lawsuit states, “The decision to provide or withhold permission to construct and operate an oil pipeline across the international border with Canada is a regulation of international and interstate commerce. Under the Constitution, this power resides with Congress.”

Wyoming joined attorneys general from Alabama, Arizona, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah and West Virginia as plaintiffs in the lawsuit.

The Governor has also issued an executive order requesting the Attorney General evaluate all Presidential and Executive orders for constitutionality and to take actions to protect the rights of Wyoming citizens.

The order is in conjunction with an earlier order that directed state agencies to examine the financial impacts of President Biden’s ban on new sales of federal oil and gas leases and the potential legal options available to Wyoming.

“Wyoming must not allow the Federal Government to continue to harm the State and its citizens through Federal Orders,” Governor Gordon said. “We will use all means necessary to ensure we can continue to fund critical services through the responsible development of our oil and gas and other natural resources.”

Executive Order 2021-5 states that Department of the Interior Secretarial Order 3395 and President Biden’s Executive Order 14008 appear to be examples of federal overreach and prevent Wyoming from properly managing its affairs within the state’s boundaries. It directs state agencies to “use all civil methods and lawful powers to protect Wyoming’s interests and preserve our ability to direct matters within our own borders without unlawful interference from the federal government.

Executive Order 2021-5 is attached and may be found on the Governor’s website.