President Trump is giving the Keystone XL pipeline a pass when it comes to his “buy American” mandate, according to the White House.

The White House said the major cross-border pipeline, which became a symbol of the Obama administration’s environmental and climate change policies, does not meet the criteria to be made completely from American made steel.

“The Keystone XL pipeline is currently in the process of being constructed, so it does not count as a new, retrofitted, repaired or expanded pipeline,” a White House spokeswoman told Politico.

The spokeswoman was citing a clause in Trump’s executive order on infrastructure development that was signed in January before he issued a separate memo to expedite the approval of the cross-border portion of the Keystone XL pipeline project.

The lower half of the nearly 1,200-mile oil pipeline is already constructed and in use. The piece of the project that was denied by President Obama in November 2015, which Trump wants approved, would cross the border with Canada to connect that country’s oil sands production with U.S. refiners on the Gulf Coast.

The infrastructure order directed the Commerce Department to develop a plan to ensure that “all new pipelines, as well as retrofitted, repaired or expanded pipelines” be required to use American steel “to the maximum extent possible.”

But there is some question about how Trump has interpreted the standard, and what the president actually intended the American-made mandate to entail.

In recent remarks, Trump has said different things to different audiences. In a Feb. 23 remark to a steel industry executive, he said, “we approved, as you know, the Keystone Pipeline, but they have to buy steel made in this country and pipelines made in this country.”

During his Feb. 28 address to Congress he appeared to walk that previous comment back a bit, with a description of the American-made requirement that is closer to the language used in the January executive order.

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In the address to Congress, Trump said, “new American pipelines be made with American steel.”

The Politico article suggests that the White House is sending this message to the company building the pipeline, TransCanada, so that it drops a lawsuit against the U.S. government for denying the project under the previous administration.

The litigation seeks $15 billion in damages from the U.S. under the bylaws of the North American Free Trade Agreement, or NAFTA. Earlier this week, TransCanada suspended the lawsuit, but did not formally withdraw the litigation.

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