Led by Ken Paxton of Texas and Austin Knudsen of Montana, the states said Biden had overstepped his authority when he revoked the permit for the Keystone pipeline on his first day in office.
Because the line would run through multiple U.S. states, Congress should have the final say over whether it’s built, according to the lawsuit filed in U.S. District Court in Texas.
Construction on the 1,930-kilometre pipeline began last year when former President Donald Trump revived the long-delayed project after it had stalled under the Obama administration.
It would move up to 830,000 barrels (35 million gallons) of crude daily from the oil sand fields of western Canada to Steele City, Nebraska, where it would connect to other pipelines that feed oil refineries on the U.S. Gulf Coast.
Biden cancelled its permit over longstanding concerns that burning oil sands crude would make climate change worse.
Some moderate Democratic lawmakers also have urged Biden to reverse his decision, including Sens. Joe Manchin of West Virginia and Jon Tester of Montana.