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Speaking on an earnings call, Miller said the company is working to resolve lawsuits and begin construction this summer to hit an “optimal” work window.

“There will come a point where, because of the desired optimal construction program, we will lose 2019. We’re not at that point yet,” he said.

TransCanada has been trying to build its 830,000-barrels-per-day Keystone XL pipeline for more than 10 years but has been frustrated by court challenges and opposition from former U.S. president Barack Obama.

Late last year, as the company was preparing the pipeline route for construction, it was hit with another legal setback from a U.S. District Court decision in Montana that overturned U.S. President Donald Trump’s approval of the pipeline and granted an injunction against most construction activity.

The company said it was awaiting a decision on an application it made in January requesting a stay of that injunction, which would allow it do carry out limited work on Keystone XL, and will appeal it if a stay is not granted.

“We intend to further pursue a stay of these decisions with the Ninth Circuit Court of Appeals. Our plans to commence construction of the Keystone XL project in 2019 will be impacted by the timing and outcome of our appeal and stay proceedings,” the company said in disclosure documents released Thursday.

The Ninth Circuit hears appeals on a range of matters in the westernmost United States and has courthouses in California, Oregon and Washington. Its chief judge is Sidney R. Thomas,based in Billings, Mont. and was appointed to the court by former president Bill Clinton.