1 00:00:00,000 --> 00:00:02,279 Speaker 1: All right, now, it's time for our daily Bloomberg Law Brief, 2 00:00:02,360 --> 00:00:05,960 Speaker 1: exploring legal issues in the news, and Today Bloomberg lawhosting 3 00:00:05,960 --> 00:00:08,840 Speaker 1: Grosso and Michael Best, discussed the latest legal challenges to 4 00:00:08,920 --> 00:00:12,760 Speaker 1: the Keystone Xcel pipeline. They secret that Debra Siva's director 5 00:00:12,800 --> 00:00:16,079 Speaker 1: of the Environmental Law Clinic at Stanford University Law School, 6 00:00:16,400 --> 00:00:20,000 Speaker 1: tell us what the Sierra Club and these other plaintiffs 7 00:00:20,000 --> 00:00:23,520 Speaker 1: are alleging UH in order to try to stop the 8 00:00:23,560 --> 00:00:27,120 Speaker 1: President's decision to allow the pipeline to go into affect Sure. 9 00:00:27,680 --> 00:00:30,280 Speaker 1: The complaint that was filed on Thursday by the environmental 10 00:00:30,280 --> 00:00:34,839 Speaker 1: groups really focuses on the claims under the National Environmental 11 00:00:34,840 --> 00:00:38,440 Speaker 1: Policy Act and under the sort of General Administrative Procedure Act. 12 00:00:38,440 --> 00:00:41,159 Speaker 1: And what they're alleging is that UM there has not 13 00:00:41,240 --> 00:00:46,040 Speaker 1: been enough review of of the environmental impacts from the pipeline. 14 00:00:46,080 --> 00:00:49,560 Speaker 1: There is a environmental review that was done a while back, 15 00:00:49,600 --> 00:00:54,120 Speaker 1: but they're alleging that there's new information about the dangers 16 00:00:54,160 --> 00:00:57,320 Speaker 1: posed by the particular kind of oil coming out of Alberta, 17 00:00:57,880 --> 00:01:00,920 Speaker 1: UM and new information about the price of oil and 18 00:01:00,920 --> 00:01:05,400 Speaker 1: how that might affect whether UM this pipeline would facilitate 19 00:01:05,959 --> 00:01:08,360 Speaker 1: UH more getting more oil out of the ground than 20 00:01:08,400 --> 00:01:11,520 Speaker 1: would otherwise happen. So they're alleging that those those things 21 00:01:11,520 --> 00:01:15,039 Speaker 1: have not been adequately considered in the State Department's approval, 22 00:01:15,080 --> 00:01:18,960 Speaker 1: and also that the State Department has not articulated a 23 00:01:19,000 --> 00:01:23,480 Speaker 1: reason for a legitimate reason for reversing the Obama administration decision. 24 00:01:24,080 --> 00:01:29,360 Speaker 1: Deb which side has the stronger argument, Um, well, yeah, 25 00:01:29,440 --> 00:01:31,320 Speaker 1: I think it's it's a bit of a toss up 26 00:01:31,360 --> 00:01:34,360 Speaker 1: here because, um, there is a document when the State 27 00:01:34,400 --> 00:01:37,920 Speaker 1: Department reversed this recent reversal. They they put out of 28 00:01:38,040 --> 00:01:41,920 Speaker 1: documents like thirty pages long. That kind of is their explanation. 29 00:01:42,160 --> 00:01:44,560 Speaker 1: So just as we were saying, they have to at 30 00:01:44,640 --> 00:01:48,240 Speaker 1: least give some explanation to make the decision not arbitrary 31 00:01:48,240 --> 00:01:51,280 Speaker 1: and capricious and and and you know, so it's hard 32 00:01:51,320 --> 00:01:54,400 Speaker 1: to handicap because there are some legitimate arguments that there's 33 00:01:54,440 --> 00:01:57,360 Speaker 1: new information that should have been considered and that it 34 00:01:57,440 --> 00:02:00,320 Speaker 1: was arbitrary to simply reverse the decision. On the other hand, 35 00:02:00,400 --> 00:02:04,240 Speaker 1: there is deference to the agency, especially in this arena 36 00:02:04,280 --> 00:02:06,200 Speaker 1: where it's a kind of a for the reason there's 37 00:02:06,200 --> 00:02:09,960 Speaker 1: a presidential permit is that it's it's the pipeline goes 38 00:02:10,000 --> 00:02:12,320 Speaker 1: across borders, and so it's kind of a foreign affairs issue, 39 00:02:12,320 --> 00:02:16,480 Speaker 1: which is even more deference to the at the presidential level. 40 00:02:16,520 --> 00:02:19,480 Speaker 1: So I I don't know, you know, who ultimately might 41 00:02:19,639 --> 00:02:21,960 Speaker 1: might win out on this one. I think it's kind 42 00:02:21,960 --> 00:02:23,600 Speaker 1: of a toss up, and it all depends on whether 43 00:02:23,639 --> 00:02:28,600 Speaker 1: the judge thinks there's enough um explanation, uh for for 44 00:02:28,680 --> 00:02:32,560 Speaker 1: why the State Department reverse course. As Deborah See, Us, 45 00:02:32,639 --> 00:02:36,400 Speaker 1: director of the Environmental Long Clinic at Stanford University Law School, 46 00:02:36,600 --> 00:02:39,440 Speaker 1: speaking with Bloomberg, Lahoster and Grosso and Michael Best. You 47 00:02:39,480 --> 00:02:41,839 Speaker 1: can listen to Bloomberg Law weekdays at one pm Wall 48 00:02:41,880 --> 00:02:44,960 Speaker 1: Street Time here on Bloomberg Radio and Now. Among the 49 00:02:44,960 --> 00:02:47,600 Speaker 1: top legal stories from Bloomberg Law, credits We says it 50 00:02:47,680 --> 00:02:51,240 Speaker 1: has zero tolerance for tax evasion. The Swiss Bank was 51 00:02:51,520 --> 00:02:54,400 Speaker 1: surprised last week by a five nation money laundering and 52 00:02:54,480 --> 00:02:58,320 Speaker 1: tax evasion investigation in newspaper advertisements in the UK, credits 53 00:02:58,400 --> 00:03:01,560 Speaker 1: WE says as terminated relations ships with clients who can't 54 00:03:01,600 --> 00:03:05,359 Speaker 1: prove they paid their taxes. Allergan has lost its bid 55 00:03:05,400 --> 00:03:08,480 Speaker 1: to get a whistle blower lawsuit rejected. The suit accuses 56 00:03:08,520 --> 00:03:10,880 Speaker 1: the company of providing free drugs and other goods to 57 00:03:11,040 --> 00:03:14,919 Speaker 1: doctors in exchange for them prescribing Athergan drugs for Medicare 58 00:03:15,000 --> 00:03:18,639 Speaker 1: and Medicaid patients. The US government has joined the lawsuit. 59 00:03:18,720 --> 00:03:22,440 Speaker 1: Allergan denies any wrongdoing, and that's this mornings Bloomberg Law Brief. 60 00:03:22,440 --> 00:03:24,400 Speaker 1: You can find more legal news at Bloomberg Law dot 61 00:03:24,400 --> 00:03:27,520 Speaker 1: com and Bloomberg BNA dot com. Attorneys will find exceptional 62 00:03:27,600 --> 00:03:30,520 Speaker 1: legal research and business development tools there as well. Visit 63 00:03:30,639 --> 00:03:33,520 Speaker 1: Bloomberg Law dot com and Bloomberg b and A dot 64 00:03:33,560 --> 00:03:35,200 Speaker 1: com for more information.