The Bloomberg report makes it clear that Obama’s order opens the way for further litigation and substantial delays on Keystone, whether the federal government officially blocks construction or not. That’s because NEPA allows citizens and environmental groups to file claims against projects even after they win government approval.
So the Obama administration could green-light the pipeline, file a report that stops short of calling Keystone a major global-warming hazard, and still find the project delayed for years by environmental groups bringing court challenges under the new NEPA guidelines.
Because delaying Keystone until after 2012 made no sense politically – unless he was determined to stop it all along.

