Getting a new one is neither automatic
South Dakota approved the pipeline in 2010, but the construction permit expired in June 2014. Getting a new one is neither automatic nor easy.
TransCanada, the potential builder of the pipeline, has applied to South Dakota to renew the permit. But over 40 groups and individuals have filed petitions with South Dakota's Public Utility Commission to broaden the approval process to matters that were not considered in 2010. The goal of most groups is to stall the Mount Rushmore State's approval of Keystone XL so that even if the new Congress were to pass a bill authorizing construction, and President Obama or a future president were to sign it, the pipeline could not be built.
These groups include the Standing Rock Sioux Indian Tribe, the Rosebud Sioux Tribe, Boettcher Organics, and the Sierra Club, as well as a number of independent individuals. At a December 9 meeting of the PUC, they were granted "party status" in TransCanada's application for approval of the pipeline's construction. "Party status" means that an entity, such as a municipality, governmental agency, nonprofit organization or person can cross-examine witnesses and request documents from TransCanada.
RoxAnn Boettcher of Boettcher Organics wrote in October, "I am an [sic] Certified Grassfed Beef landowner-rancher. This project brings great risks to our natural resources. Our business is totally dependent on our natural resources. There is proof that transporting tarsands oil by pipeline has risks water supplies [sic]."
And in a December filing the Rosebud Sioux Tribe stated, "A comprehensive review of the 2009 SD PUC requirements is required to determine if the pipeline meets any or all of the regulations promulgated wince [sic] the original permit was issued. In contrast to the conditions by which the South Dakota PUC granted the 2009 permit, the Enbridge project in Michigan was subject to over 200 requirements, which the granting authorities began to rethink after the ensuing Talbridge/Kalamazoo spill."