21 State AGs Sue Biden Over Keystone XL “Significant Impact” on “Economy” “American Energy Independence,” Constitutional Questions Raised Impacting MHVille, plus Manufactured Home Investing, Stock Updates

DowJonesAvg3.19.2021AtCloseYahooMHProNewsLOGOIn a case filed in the U.S. District Court for the Southern District of Texas, Galveston Division, twenty state attorneys general joined Texas for a total of 21 states that are suing over the Biden executive action that aimed at cancelling the Keystone Pipeline. Biden “issued Executive Order 13990, which purported to revoke the March 2019 Permit for Keystone XL.” Several legal, economic and constitutional issues are involved.

In as much as fuel costs are rising rapidly, which impacts manufactured housing affordability, that is one of several possible impacts involved in the case. Additionally, the energy jobs often result in sales of factory-built homes, workforce housing, etc.

Per the suit, which is attached further below, the states involved in the case are as follows:


The suit has potentially significant impacts for manufactured housing on several levels. As MHProNews has previously reported, one of the troubling points involved in the Biden EO on Keystone is that it appears to be a back-door benefit to Democratic backers, including, but not limited to Warren Buffett led Berkshire Hathaway.

Berkshire owns the Burlington Northern railroad.  Cancelling the pipeline means oil will be transported by rail vs. the safer and less costly per barrel Keystone XL plan. To learn more, see the related report linked below.



The suit names:

JOSEPH R. BIDEN, JR., in his official capacity as President of the United States; ANTONY J. BLINKEN, in his official capacity as Secretary of the Department of State; MERRICK B. GARLAND, in his official capacity as Attorney General of the United States; ALEJANDRO MAYORKAS, in his official capacity as Secretary of the Department of Homeland Security; SCOTT DE LA VEGA, in his official capacity as Acting Secretary of the Interior; JENNIFER GRANHOLM, in her official capacity as Secretary of the Department of Energy; JANE NISHIDA, in her official capacity as Acting Administrator of the Environmental Protection Agency; PETE BUTTIGIEG, in his official capacity as Secretary of Transportation; and the UNITED STATES OF AMERICA, Defendants.”

The suit raises constitutional questions that may prove useful on other problematic concerns related to numbers of the executive orders and executive actions taken by the Biden White House in the early weeks since he took power.

Before pressing on to tonight’s featured focus and for the benefit our growing numbers of new readers, a few quick evening/nightly market report insights.

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In a brief segue before pressing ahead, Skyline Champion (SKY) largely recovered from their drop yesterday.

On a mostly down day for manufactured home connected equities, let’s press ahead toward the case which has several possible ramifications for factory home builders in several pipeline and others states.


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Birds of a feather? Gates and Buffett both posture being philanthropists. Their media assets purportedly give them cover. But when the veil is pulled back, a darker picture arguably emerges.

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Where Business, Politics and Investing Can Meet


From the 21 state AGs lawsuit linked here are these points.


INTRODUCTION 1. When the States ratified the Constitution, they ceded the power to regulate inter-state and international commerce to Congress, U.S. Const. art. I, § 8, cl. 3, which must act through the process of bicameralism and presentment. Id. § 7. This process may “often seem clumsy, inefficient, even unworkable,” but was designed to protect both the liberty and property of individuals and the prerogative of sovereign States. See, e.g., I.N.S. v. Chadha, 462 U.S. 919, 958-59 (1983). The President has certain prerogatives to act on behalf of the United States in foreign affairs. But as far as domestic law is concerned, the President must work with and abide by the limits set by Congress—whether he likes them or not.1

  1. This Administration has sought to leverage its power regarding U.S. foreign policy to unilaterally contradict Congress’s stated domestic policy regarding one of the most significant energy projects in a generation: the Keystone XL Pipeline. This it may not do. On behalf of many of the States through which Keystone XL runs— beginning within the United States in Montana in the north and terminating in Texas in the south, the States of Montana and Texas bring this suit to prevent the Administration from circumventing limits placed on it by the Constitution, Administrative Procedure Act, and congressionally enacted national policy in this critical energy matter.
  2. Keystone XL is part of a larger system of pipelines, which was designed by TC Energy Corporation to transport approximately 830,000 barrels of oil from where it is produced in Canada and Montana to pre-existing refineries in Houston. Keystone XL is that piece of the pipeline that cross the United States-Canadian border in Philips County, Montana. The U.S. government has studied the safety, environmental impact, and economic benefits of Keystone XL for years. It repeatedly concluded that the pipeline would have a negligible impact on the climate but significant impact on the economy and American energy independence.
  3. In 2019, consistent with multiple acts of Congress, President Trump approved the construction of the 1.2 mile stretch of Keystone XL that crosses the border.2 That construction is now effectively complete.3
  4. Within hours of taking office, President Biden issued an Executive Order that purports to revoke the permit on the grounds that he has “an ambitious plan” to “reduce harmful emissions and create good clean-energy jobs” and that this completed pipeline would “not be consistent with [his] Administration’s economic and climate imperatives.”4 The order itself relies on a permit provision that purports to allow such revocation by agreement from the Company holding the permit. But it cites no statutory or other authorization permitting the President to change energy policy as set by Congress in this manner.
  5. Within hours of taking office, President Biden issued an Executive Order that purports to revoke the permit on the grounds that he has “an ambitious plan” to “reduce harmful emissions and create good clean-energy jobs” and that this completed pipeline would “not be consistent with [his] Administration’s economic and climate imperatives.”4 The order itself relies on a permit provision that purports to allow such revocation by agreement from the Company holding the permit. But it cites no statutory or other authorization permitting the President to change energy policy as set by Congress in this manner.

The balance of the suit is linked here. Footnotes on the references above are as shown below.

1) For a discussion of the difference between the President’s ability to bind the United States as a matter of international law and as a matter of domestic law, see generally Bradford Clark, Domesticating Sole Executive Agreements, 9393 Va. L. Rev. 1574 (2007).

2) Presidential Permit of March 29, 2019 Authorizing TransCanada Keystone Pipeline, L.P., To Construct, Connect, Operate, and Maintain Pipeline Facilities at the International Boundary Between the United States and Canada, 84 Fed. Reg. 13101 (April 3, 2019), https://www.govinfo.gov/content/pkg/FR-2019-04-03/pdf/2019-06654.pdf.

3) Id

4) Presidential Permit of March 29, 2019 Authorizing TransCanada Keystone Pipeline, L.P., To Construct, Connect, Operate, and Maintain Pipeline Facilities at the International Boundary Between the United States and Canada, 84 Fed. Reg. 13101 (April 3, 2019), https://www.govinfo.gov/content/pkg/FR-2019-04-03/pdf/2019- 06654.pdf. 3 Id

Again, the full suit is linked here. Per the media release were the following comments.

Texas Attorney General Ken Paxton said, “Since his first day in office, President Biden has made it his mission to undo all the progress of the previous administration, with complete disregard for the Constitutional limits on his power. His decision to revoke the pipeline permit is not only unlawful but will also devastate the livelihoods of thousands of workers, their families, and their communities,” Attorney General Paxton said. “This administration continues to tout imaginary green-energy jobs, without any recognition that their actions in the real world will make it impossible for hard-working Americans to put food on the table.”

The power to regulate foreign and interstate commerce belongs to Congress — not the President. This is another example of Joe Biden overstepping his constitutional role to the detriment of Montanans,” Montana Attorney General Knudsen said. “There is not even a perceived environmental benefit to his actions. His attempt to cancel the Keystone XL Pipeline is an empty virtue signal to his wealthy coastal elite donors. It shows Biden’s contempt for rural communities in Montana and other states along the pipeline’s path that would benefit from and support the project.”



Two different mainstream news reports on the topic are linked above and below.



How many other legal actions may be taken on other economically, legal, and constitutionally connected issues related to Biden EOs and executive actions remains to be seen. MHProNews will continue to monitor and report as warranted.

Related, Recent, and ‘Read-Hot’ Reports



Manufactured Housing Industry Investments Connected Closing Equities Tickers

Some of these firms invest in manufactured housing, or are otherwise connected, but may do other forms of investing or business activities too.

                  • NOTE: The chart below includes the Canadian stock, ECN, which purchased Triad Financial Services, a manufactured home industry lender
                  • NOTE: Drew changed its name and trading symbol at the end of 2016 to Lippert (LCII).
                  • NOTE: Deer Valley was largely taken private, say company insiders in a message to MHProNews on 12.15.2020, but there are still some outstanding shares of  the stock from the days when it was a publicly traded firm.  Thus, there is still periodic activity on DVLY.



Winter 2021

Berkshire Hathaway is the parent company to Clayton Homes, 21st Mortgage, Vanderbilt Mortgage and other factory built housing industry suppliers.
· LCI Industries, Patrick, UFPI, and LP each are suppliers to the manufactured housing industry, among others.
· AMG, CG, and TAVFX have investments in manufactured housing related businesses. For insights from third-parties and clients about our publisher, click here.
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Notice, this photo was taken before several on Fox News took a turn away from more right-leaning reporting to more left-leaning or anti-Trump views.

By L.A. “Tony” Kovach – for MHLivingNews.com.
Tony earned a journalism scholarship and earned numerous awards in history and in manufactured housing. For example, he earned the prestigious Lottinville Award in history from the University of Oklahoma, where he studied history and business management. He’s a managing member and co-founder of LifeStyle Factory Homes, LLC, the parent company to MHProNews, and MHLivingNews.com. This article reflects the LLC’s and/or the writer’s position, and may or may not reflect the views of sponsors or supporters.


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