The Nebraska Supreme Court will hear arguments on a petition against the pipeline in the first week of September, the Washington Post reports. That was about the timeline expected but it now virtually guarantees that no decision on the pipeline will be made until after the midterm elections on Nov 4.

Some lobbies are pushing for a decision despite the snag in Nebraska but Obama has punted so many times on Keystone that it’s possible he will drag it out long enough to leave the White House without ever taking a side.