St. Anthony, Morton County, ND, Oct. 2016

From an Article by Blake Nicholson, Houston Chronicle (Associated Press), July 18, 2017

BISMARCK, N.D. – Additional environmental review of the disputed Dakota Access oil pipeline is likely to take the rest of the year to complete, U.S. officials said in court documents in which they also advocate keeping the line operating during the study.

Developer Energy Transfer Partners also is asking U.S. District Judge James Boasberg to keep the line open, saying a shutdown would cost the Dallas-based company $90 million each month.

The $3.8 billion pipeline from North Dakota to Illinois was finished after President Donald Trump pushed through its completion despite opposition and an ongoing lawsuit by American Indian tribes, who fear environmental harm.

Since June 1, it has been moving nearly half of the daily oil production in North Dakota, the nation’s second-leading producer behind Texas – a total so far of more than 18 million barrels, or 756 million gallons.

Boasberg last month ruled that the Army Corps of Engineers largely complied with environmental law when permitting the pipeline but that it didn’t adequately consider how an oil spill under the Missouri River might affect the Standing Rock Sioux tribe. He ordered the Corps to reconsider certain areas of its environmental analysis and is accepting arguments from attorneys this summer on whether he should shut down the pipeline while the work is done – a move he has said “would carry serious consequences that a court should not lightly impose.”

Corps attorneys in documents filed Monday maintain that the agency expects to be able to substantiate its earlier determination that the pipeline poses no significant environmental threats.

“The low possibility of an oil spill means that there is little chance that (tribal) plaintiffs will be harmed at any time, much less during the remand period, which is anticipated to be completed by the end of the year,” Corps attorney Reuben Schifman wrote.

Standing Rock attorney Jan Hasselman in an interview said the comments indicate the Corps plans to “simply paper over the existing decision.” He called for shutting down the pipeline and bringing in independent experts as “the only way to ensure the integrity of this new process.”

ETP attorney William Scherman said in court documents that oil producers and refiners, workers, customers, consumers and government tax revenue would be affected by a shutdown

“The process of temporarily shutting down a 1,200-mile pipeline is itself extremely costly, immensely complicated and burdensome, time-consuming, and ultimately more of a risk to the environment than allowing the flow of oil to continue,” Scherman wrote.

The company already experienced months of delays in getting the pipeline operational due to the court battle and on-the-ground protests in North Dakota, and more delay “would add insult to injury,” he said.

Several state and national energy and manufacturing trade groups, including the American Petroleum Institute, have asked Boasberg to let them have a say in the debate, saying a shutdown would harm businesses throughout the domestic energy industry. The North Dakota Petroleum Council, which represents more than 500 energy companies including ETP, said no one involved in the lawsuit speaks for the general oil industry.

“The completion of DAPL marked the first time that North Dakota and this region have enjoyed adequate pipeline capacity,” council attorneys said. A shutdown likely would cut oil production, increase less-safe rail shipping, increase shipping expenses for companies, harm state tax revenue and impact “untold thousands of royalty owners,” they said.

DAPL and the Indian Reservation

The greatest show on earth right now is DAPL  in North Dakota

Commentary by S. Tom Bond, Retired Teacher & Resident Farmer, Jane Lew, Lewis County, WV

Most of my readers will be aware of the standoff of the Indian Nations and the Local Sheriff in North Dakota.  North Dakota is sometimes called the “Mississippi of the North” because of racial prejudice against Indians.  (Montana has recently also been in the news.)

The 1,172 mile Dakota Access Pipeline or DAPL would carry Bakken Shale oil.

The result is a Cowboys and Indians alliance, everybody concerned with the land, everybody who doesn’t consider the countryside a desert waiting for development, has combined against it.   Ranchers’ views have evolved, as they have learned a lot about the potential environmental and climate impacts of shale development through meetings with tribal nations.

The complaint is the contamination of the Missouri River and the destruction of Indian graves and sacred ground.  The showdown here between the Standing Rock Sioux Tribe and the company building the Dakota Access crude-oil pipeline began as a legal battle.  It has turned into a movement.

The U.S. government must consult with tribes on any issue that might affect them, but tribes say the government has failed to do so in a reasonable way.  As a consequence of the way the Indian Wars were settled they must be dealt with as foreign nations in many respects.  Their reservations have been decreased many times, but they remain citizens of their respective reservations all over the United States. 

 The effect has been to draw together Native Americans from all over the United States, which surrounds the reservations, as never before.  It has also attracted indigenous peoples from all over the world.  The conflict has also attracted many white and a few Black people with a sense of fairness about the situation to struggle with them.

There is a 10 minute video taken on the scene some three weeks ago to give you some idea of what is going on.  The wrecked vehicles on the bridge were placed there by the Morton County Sheriff’s Office to close the road.  The demonstrators are trying open the road.  A reporter is shot near the end.  Reporters and cameramen have been particularly hard hit, as the Sheriff is trying to prevent news from getting out.

There seems to be no limit to the meanness exhibited toward the demonstrators.  The troops are dressed in body armor and face masks, and there are numerous pictures of them spraying mace directly in the face of demonstrators, firing rubber bullets, and using water cannon in subfreezing weather.

The Washington Post has a detailed (because of their resources) article.  It includes a three minute video at the beginning, a map of the location next down, and 47 pictures. The situation became so bad in terms of negative publicity, ands the indebtedness of the Sheriff that other sheriffs refused to send support. 

As one source puts it: “This pits America’s political and corporate interests against the interests of Native Nations – whether it be over the acquisition and transportation of ‘black gold’ or some other precious mineral or natural resource via a Dakota Access, Keystone XL, Kinder Morgan, Enbridge pipeline, rail or ship – a long-standing relationship of deceit and mistrust lies at its heart.”

At their core, these battles are between two diametrically-opposed world views: one that believes in the sacredness of a simple hand-shake, spoken promise, or hand and ink touched to paper that is inviolate, and the other that only sees such things as expedient means to an end, words on a page that hold little real significance and so can be violated or broken at will or whim.

It’s The Same Ol’ Same Ol’ Story for Native People.

Another interesting angle is Donald Trump Owns Stock in Company Constructing Dakota Access Pipeline.  According to al Jazeera (they actually still maintain research journalism):  ”Trump’s 2016 federal disclosure forms show he owned between $15,000 and $50,000 in stock in Texas-based Energy Transfer Partners. Trump also owns between $100,000 and $250,000 in Phillips 66, which has a one-quarter share of Dakota Access.”

One issue is: The electoral College must reject Trump unless he sells his business, top lawyers for Bush and Obama say. They say, “the founders did not want any foreign payments to the president. Period.” This principle is enshrined in Article 1, Section 9 of the Constitution, which bars office holders from accepting “any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.”  This is a great article.  You really should read it.

Going on.  The shear meanness of the pipeline guards is distressing.  A medic treating injuries says  it “felt like low-grade war.” The article goes on ” Sophia  Wilansky, 21, faces potential amputation of her left arm after the latest incident early Monday morning near Cannon Ball, North Dakota.”  It blew off flesh from her wrist to her elbow.  Such injuries are caused by concussion grenades.  “Grenade pieces were removed from Wilansky’s arm in surgery and will be saved for evidence,” said the Standing Rock Medic and Healer Council, a group that provided medical assistance to protesters during Sunday night’s standoff.

The Sheriff says they did not throw it, in fact did not use concussion grenades, but protesters think several were used.  The protestors were trying to remove the vehicles you saw in the first video blocking the bridge to the reservation.  The medic also said, ” “I think of Birmingham, [Alabama], I think of Wounded Knee, it felt like low-grade war,” he said. “If we hadn’t been there on Sunday night, people would have probably died. The use of water canons for 8 hours on hundreds and hundreds of demonstrators in 22 degrees is enough to kill someone.”

Senator Al Franken has called on the Department of Justice to protect the safety and First Amendment Rights of Dakota Access Pipeline protesters. “The reported use of water cannons for crowd control in sub-freezing temperatures is excessive and unnecessary,” he stated in a letter to Attorney General Loretta Lynch. ”Native America populations have struggled for decades under the complex burden of historical trauma,” he stated, adding, “I urge you to do everything in your power to prevent further escalation of violence.”

Some who were detained have also faced degrading and humiliating treatment, including young women strip-searched, people left naked in cells overnight and confined in what some described as dog cages.

The Corps of Engineers (known to landowners as the outfit that does the political dirty work in many situations) has, first, announced a delay in work while permits were reviewed, but failed to enforce it on the companies building the pipeline, and second, announced the camp of the protestors must be vacated by December 4th.  It seems obvious when camp is vacated the pipeline will go through.

Wes Mekasi Horinek, spokesman for the Indians, puts it this way: “The Army Corps now says we have to evacuate camp by December 5^th, but the people in the camp have been working for months to prepare for winter, the people say they will not leave!!!! It is evident that the corps is going to approve the easement for the pipeline and that’s why they are going to try to remove us, so this will be a forced removal of a peaceful camp, just what they did to the Ponca people and so many other tribes throughout history. I pray for a peaceful outcome but I am preparing for the worst, given the track record of the United states government t’ward our people. I’m still asking for more people to come, for more warriors to come to help us stand our ground not only to stop this pipeline but also to stand up for ourselves as indigenous people and to insure the survival of our children, the future generations, humanity, and the planet it’s self!!!!!

The most recent development is veterans to stand with the Indians.  On December 4, hundreds of veterans plan to “deploy” to Standing Rock Indian Reservation in North Dakota to join in protest against the planned Dakota Access Pipeline.

The event, Veterans Stand for Standing Rock, is a call for veterans to “assemble as a peaceful, unarmed militia” to “defend the water protectors from assault and intimidation at the hands of the militarized police force and DAPL security.” The organizers hope to prevent progress on the construction of the pipeline as well as draw national attention to the cause.  The organizers say they will not “tolerate hate, violence or divisive behavior of any kind. We’re doing this to support our country so lets do it with honor, working together. We can stop this savage injustice being committed right here at home. If not us, who? If not now, when?”

The veterans say they want to protect the Water Protectors from what they call “assault” by police, who have adopted an increasingly militarized presence they say is necessary to protect private property.

Wesley Clark Jr., (son of Wesley Clark, one-time NATO Supreme Allied Commander, who supports his sons venture) a veteran, screenwriter and activist, created the event and Michael Wood Jr., “a retired Baltimore police officer and Marine Corps veteran who advocates for police reform.

They started a GoFundMe page which by November 27 had raised $458,000. It was started on November 11. The money will go toward food, transportation and supplies for the veterans who attend. “It’s time to display that honor, courage and commitment we claim to represent,” the page reads. “It’s time for real patriots. Now more than ever, it’s time for anyone and everyone to lead.”   They also have an Amazon.com Wish list.  Blankets and heaters are a high priority.

Instructions to veterans are “Bring body armor, gas masks, earplugs (we may be facing a sound cannon) but no drugs, alcohol or weapons…if we don’t stop it, who will?”

The site invites veterans everywhere to join the effort, stating, “We are veterans of the United States Armed Forces, including the U.S. Army, United States Marine Corps, U.S. Navy, U.S. Air Force and U.S. Coast Guard and we are calling for our fellow veterans to assemble as a peaceful, unarmed militia at the Standing Rock Indian Reservation on December 4 – 7 and defend the water protectors from assault and intimidation at the hands of the militarized police force and DAPL security.

I know one veteran from West Virginia who is going with them, and one other who will be there at that time.  Also I know one woman who has gone and returned.  One West Virginia group will support any veteran who will go.

This is unquestionably the most under reported news in our corporate media.  The whole world, except United States citizens, is watching.  What will the corporations come up with next?  Will our indigenous people be “whupped” for financial gain of the few again, a repeat of history, and an example for other domineering nations?  We will see.

Solidarity Action to STOP the DAPL

Reference: Nov 15 #NoDAPL Day of Action at Army Corps of Engineers

Letter from Mike Tidwell, Chesapeake Climate Action Network, November 12, 2016

Dear Friends,

Just a week before the presidential election, Indigenous leaders and protectors in Standing Rock, North Dakota, called on us to take to the streets this Tuesday, November 15th, in a massive, nationwide day of action to stop the Dakota Access Pipeline.

Now, after Trump’s election, it’s all the more urgent that we answer this call. On November 15th, thousands of people will protest outside of Army Corps of Engineers offices, calling on President Obama to do everything in his power to stop this 1,172-mile, fracked-oil pipeline before he leaves office.

Are you with us? Find an action at an Army Corps of Engineers office near you on November 15th, or sign up to host an action in your city.

Protectors in Standing Rock have faced violent repression for standing in the way of oil industry bulldozers, all to protect their sacred lands, our water, and the climate. Those bulldozers are now getting closer and closer to the Missouri River. But President Obama has the power to put a stop to this pipeline.

Let’s do all we can now to demand that President Obama’s Army Corps rejects the pipeline. Let’s show President-elect Trump that our resistance to fossil fuels will not fade away — not now and not ever.

Are you with us? Click here to join an action near you on November 15th, or sign up to host one in your city. Events in Washington, DC, Baltimore, Norfolk, Annapolis, Richmond, Frederick, Charlottesville, and more are on the map.

We know that if we want to avoid the worst effects of climate change we can’t afford to build a single new pipeline, or drill a single new fracking well or build a single new oil rig. That means no Dakota Access Pipeline. And that means no Atlantic Coast Pipeline or Mountain Valley Pipeline in Virginia. That means no fracking in Maryland, no oil rigs off the coast of Virginia, and no new compressor stations or power plants anywhere in our region. Not a single one.

Whether in North Dakota, Virginia or Maryland, people are saying: “This is our home, and our land, and we’re not going anywhere.”¹

Let’s flood the streets this Tuesday, November 15th, and show that we refuse to back down — we refuse to give up hope. Find (or start!) your local solidarity action here.

>>> For a fossil-free future, Mike Tidwell, Director, Chesapeake Climate Action Network

P.S. We’d like to add a special shout-out to 23 activists who were peacefully arrested outside Virginia Governor Terry McAuliffe’s house on October 5th of this year. Those activists had their day in court on November 4th, and will be working together to launch Virginia’s own Pledge of Resistance next week: asking fellow Virginians and climate activists to follow their lead in pledging to commit non-violent civil disobedience if necessary to stop the construction of the Atlantic Coast Pipeline and the Mountain Valley Pipeline. By launching this pledge, these brave activists hope to show solidarity with the protectors in North Dakota, letting them know that we are willing to take the same risks right here in our region when and if the time comes.

1. The quote is from a landowner speaking out against the Mountain Valley Pipeline at a recent FERC hearing in Rocky Mount, Virginia.

See also: www.FrackCheckWV.net

Tribes Seek Justice at DAPL

‘Pipelines Leak’: Expert Finds Government Downplayed DAPL Impact on Tribe and Water

From an Article by Lauren McCauley, Common Dreams, November 4, 2016

An independent pipeline expert has concluded that the U.S. Army Corps of Engineers’ environmental assessment (EA) of the Dakota Access Pipeline (DAPL) is insufficient and fails to account for the impact on tribal members, prompting the Standing Rock Sioux to demand that the federal agency “revisit” its approval of the controversial project.

The review, commissioned by the tribe, found that the Army Corps’ EA “understates the risk of pipeline failure and related oil release from this pipeline impacting Lake Oahe and the Missouri River,” determined (pdf) Richard Kuprewicz, a pipeline engineer with the consulting firm Accufacts, Inc..

Earthjustice, which is representing the Standing Rock Sioux in its litigation against the Corps, outlined additional “areas of deficiency” identified in the review:

1. Shoddy pipeline construction
2. The risks posed by landslides were underestimated
3. Lack of proper safety constructions to contain spills
4. Failure to review impact to residents and environment downstream of the site
5. A risk review of industry spills and containment at similar sites that document problematic regulatory oversight of the industry in North Dakota

In a letter (pdf) sent late last week to Jo-Ellen Darcy, assistant secretary of the Army for Civil Works, Standing Rock Sioux chairman Dave Archambault II presents Kuprewicz’s findings in contrast to the EA’s determination that building a pipeline across Lake Oahe “will not affect members of the Standing Rock Sioux Tribe or the Tribal reservation.”

“Mr. Kuprewicz’s findings reflect the common sense point that was somehow lost in the Final Environmental Analysis—that pipelines leak, and that when they do so there are often devastating consequences, particularly when the leak contaminates water.”
—Dave Archambault II, Standing Rock Sioux

The review, he said, “underscores one of the fundamental deficiencies of the Final Environmental Assessment—it assumes, without foundation, that placing a massive oil pipeline just upstream from the Reservation presents no risk to the Tribe.

Alternately, “Mr. Kuprewicz’s findings reflect the common sense point that was somehow lost in the Final Environmental Analysis—that pipelines leak, and that when they do so there are often devastating consequences, particularly when the leak contaminates water,” he noted.

“This raises the question,” Archambault continued, “if the Dakota Access pipeline is so safe that it presents no risk at all when situated on the Tribe’s doorstep, why isn’t the pipeline safe enough to cross the river north of Bismarck, as originally proposed? The Final EA provides no answer.”

Earthjustice staff attorney Jan Hasselman, who represents the Tribe, said, “The law requires a full and transparent analysis of risks like oil spills prior to issuance of a federal permit. It’s clear that never happened here.”

Indeed, as recent news events have shown, and as Archambault himself pointed out in the letter, “the public record is filled with examples” of pipeline failure. The past two weeks alone have seen a deadly gasoline pipeline explosion in Alabama, and successive pipeline leaks in Oklahoma and Pennsylvania, respectively discharging crude oil and gasoline.

According to data from the Pipeline and Hazardous Materials Safety Administration, an average of over 59 oil spills occur each year while the average amount of oil spilled from pipelines topping 47,000 barrels. North Dakota alone had 1238 reported incidents of spills of oil or oilfield wastewater in the 12-month period from July 27, 2015 through July 25, 2016.

Referencing these “sobering” statistics, as well as many of the documented instances, Archambault concluded that the Army Corps should deny the easement for the Lake Oahe pipeline crossing.

See also: www.FrackCheckWV.net