The US Supreme Court stayed the Montana District Court’s vacatur and injunction of pipeline permits on Monday, except as applied to the Keystone XL pipeline. The Supreme Court did not issue a full explanation of its decision.

Previously, the United States Court of Appeals for the Ninth Circuit denied the Trump Administration’s request to stay the Montana District Court’s decision. The Montana District Court revoked the use of Nationwide Permit 12 (NWP 12) for pipeline projects pending a completed environmental impact assessment on endangered species. The US Supreme Court’s stay now allows NWP 12 to go back into effect for most pipelines, except for the Keystone XL pipeline project.

Overall, the Keystone XL pipeline is delayed. TC Energy must obtain NWP 12 to build the pipeline across US rivers and streams and to discharge into waters of the US.

The Ninth Circuit must now make a final decision on the appeal.