Statements from Associations and Unions on Corps Further Delay of DAPL

A chorus of voices continue to decry and demand the approval the Dakota Access Pipeline following the Corps decision to further delay a project that has already been extensively reviewed and approved by four state agencies and the federal government. Statements from the NAM, API, IUOE, and AOPL are included below.

Americans Have Demanded Change: Manufacturers Respond to President’s Decision on DAPL
National Association of Manufacturers, November 14, 2016

National Association of Manufacturers (NAM) President and CEO Jay Timmons issued the following statement on President Obama’s decision to continue to delay approval of a key portion of the Dakota Access Pipeline project:

“Americans demanded change last week. Disregard for the rule of law and bad decisions from Washington, like the one today, are why so many have been frustrated and sought change.

“Manufacturers in Florida, Louisiana, Texas, Missouri, Mississippi, Illinois, Oklahoma, Minnesota, Arkansas and many other states who signed on to supply this project are now left hanging in continuing regulatory limbo and must come to grips with today’s wrongheaded decision.

“We look forward to working with the next administration on access to our energy to fix this mess, as the president-elect has indicated that he values the importance of energy infrastructure.”

Learn more about the importance of investing in our nation’s infrastructure, including ways to advance energy infrastructure, by reading the NAM’s Building to Win initiative.

API questions Obama administration action to delay the Dakota Access Pipeline
WASHINGTON, November 14, 2016 – API Midstream Group Director Robin Rorick questioned actions by the Obama administration to unilaterally delay construction of the Dakota Access Pipeline.

“It defies logic that the Obama administration would ignore the rule of law by unilaterally delaying this critical infrastructure that would create American jobs and benefit American consumers,” said API Midstream Group Director Robin Rorick. “This project went through an established, open and transparent permitting process where comments from numerous stakeholders were considered. The administration’s actions to further delay this project with no legal justification contradict multiple court rulings; set a dangerous precedent for other infrastructure projects including roads, bridges and electricity transmission lines; and ignore calls to uphold the rule of law by the governors of North Dakota, South Dakota, and Iowa.

“Modernizing our infrastructure helps move energy our nation demands more efficiently, helps save consumers money, and provides tens of thousands of well-paying jobs. It’s unfortunate that the Obama administration would turn its back on its own citizens and put politics over sound public policy. I hope the administration reconsiders today’s action for the good of our nation’s energy future.”

API is the only national trade association representing all facets of the oil and natural gas industry, which supports 9.8 million U.S. jobs and 8 percent of the U.S. economy. API’s more than 625 members include large integrated companies, as well as exploration and production, refining, marketing, pipeline, and marine businesses, and service and supply firms. They provide most of the nation’s energy and are backed by a growing grassroots movement of more than 30 million Americans.

IUOE Calls for Immediate Issuance of Easement for Dakota Access

WASHINGTON, DC – James T. Callahan, General President of the International Union of Operating Engineers (IUOE), issued the following statement regarding the Dakota Access pipeline:

“The Administration’s announcement today raises more questions than it answers. The United States cannot afford to further delay the Dakota Access pipeline and throw workers off a job at the tail end of the construction season in the High Plains. The project has jumped through every regulatory hoop and cleared every hurdle in a rigorous, years-long permitting process and is nearly built.

The Administration has failed to identify what could realistically be achieved by more review. Despite years of study and hundreds of meetings that the Army Corps has conducted with tribes, farmers and communities along the route, the Administration insists on more meetings. The uncertainty looming over this project for construction workers, law enforcement and other companies looking to invest in energy infrastructure has gone on long enough.

As we near the end of this construction season, employment in the oil and gas pipeline industry continues its downward spiral, down by over 20% in the last two years. It is high time to finish this vital domestic energy project.”

AOPL: Pipeline Operators Decry Continued Administration Interference in Pipeline Approval Process

WASHINGTON, DC – The Association of Oil Pipe Lines (AOPL) decried the current administration’s continued refusal today to grant final approval for the Dakota Access Pipeline project even while admitting previous project decisions met legal requirements.

“This administration continues to astonish after admitting previous Dakota Access pipeline decisions were legal, which include the environmental and cultural finding of no significant impact, they are still refusing to provide final approval for the project,” said Andrew Black, AOPL President and CEO.

In July, the Army Corps of Engineers (Corps) issued a formal Finding of No Significant Impact after conducting an environmental review of the Dakota Access Pipeline project. Required by the National Environmental Policy Act (NEPA), the NEPA review represents the federal government’s official assessment of the environmental and cultural impacts of the project.

Dakota Access’s federal NEPA review found the proposed route for the pipeline is the preferred alternative and would have less of an impact on the environment than all other alternatives, including a different route of the pipeline or no pipeline at all.

A federal district court judge in September found the 250 interactions between the Corps, Dakota Access representatives and consulting tribal, cultural and historic representatives met or exceed the Corps’ legal obligations.

The administration after announcing in September an unprecedented halt to the approval process to conduct a review of previous agency actions has now “concluded that [the Corps’] previous decisions comported with legal requirements.” And yet, the administration in its November 14, 2016, letter to stakeholders still questions whether it will grant the final easement for the project.

The administration’s refusal to approve Dakota Access after finding the project meets its environmental and cultural obligations and admitting these findings were legal denies American workers the good-paying jobs this project will create. Refusing to approve Dakota Access denies American consumers the potential to benefit from lower prices additional supplies of energy transported by pipeline will bring.

AOPL urges the administration to respect the legal environmental and consultation approvals Dakota Access has already obtained and grant final approval to this project.

MAIN Coalition Members Speak Out on USACE Indecision

In light of yesterday’s announcement from the U.S. Army Corps of Engineers, MAIN Coalition Members and Advisors spoke out on the decision to further delay the state-of-the-art Dakota Access Pipeline:

James “Spider” Marks, Major General (US Army retired), President of The Marks Collective
“The announcement today will lead to weeks of increasingly dangerous confrontations between police officers and professional agitators. The safety of local police and security forces, the citizens of North Dakota, workers on the ground, Tribal members, and the protestors themselves are now at further risk. Moreover, the continuing delay will push into the North Dakota winter, endangering the children and elderly who have chosen to camp out near Cannonball.”

“The “interests of individuals living in the general area of the right-of-way” that the U.S. Army Corps cites in their statement would best be served by rapid conclusion of this extended process and allowing the project to proceed. Since the Obama Administration intervened in September, more than 400 people have been arrested, hundreds of law enforcement pulled off other jobs to address the violent nature of some protests, and cattle and local livestock slaughtered. The 90-120 days of activity to finish this legally permitted project is critical to putting this community back together and restoring peace. This effort is motivated by a strategic imperative of enhancing and furthering national energy independence. This project has been as thoroughly vetted as any in history. Additional delays seem wasteful and solely politically motivated.”

Ron Ness, President, North Dakota Petroleum Council
“We are troubled by the decision from the U.S. Army Corps of Engineers, which directly contradicts the will of four separate state governments, an original, thorough assessment of the project by the federal government, as well as two federal court rulings in favor of completing construction.

The risk of a potential spill has been thoroughly studied and extensive safety measures have been implemented to ensure the safe operation of the pipeline. By further delaying the Dakota Access Pipeline, the Corps of Engineers will only bring more instability to North Dakota, as protesters continue to threaten private property and workers along the pipeline route.”

Andy Peterson, President, North Dakota Chamber
“The Obama Administration’s decision to unnecessarily further halt the Dakota Access pipeline, in the name of additional consultation, runs counter to the thorough and careful process undertaken by the men and women of the United States Army Corps of Engineers and North Dakota’s Public Service Commission. Two federal courts have upheld the process and agreed that the consultative process was thorough and complete. In addition, careful consideration was taken to the routing location of the pipeline and extensive safety mechanisms were included in its design to ensure the safe operation of the Dakota Access Pipeline.

Our state deserves the opportunity to build and operate this project – to delay the project because of a 1,000 feet crossing – is unfair to North Dakotans who rely on our state’s energy resources to fuel and drive our economy. The Administration should strongly reconsider their decision.”

Mike Ralston, President, Iowa Association of Business and Industry
“I am disappointed by the decision to further delay this important national energy infrastructure project. Dakota Access has undergone extensive review and consultation at both the state and federal levels. The delay to a project that is already 84% complete is unfair to our state, the men and women building the project and all those involved from the top to the bottom of the supply chain. We have already seen the extent to which additional delay can have – violence, destruction of equipment, and threats against the individuals building or supporting the project. Enough is enough – the project should not be delayed any further.”

Bill Gerhard, President, Iowa State Building and Construction Trades Council
“The Obama administration’s decision to continue delaying the completion of the Dakota Access Pipeline threatens the safety and jobs of thousands of Americans and jeopardizes billions of dollars in future development. Dakota Access has lawfully sought and received all of the necessary state and federal approvals, but now, after the project is over 84 percent complete, the White House wants to change the rules. This unprecedented action is harmful to American workers, businesses, and all those who depend on reliable infrastructure.”

Ed Wiederstein, Chairman, MAIN Coalition
“The decision by the U.S. Army Corps of Engineers to further delay the Dakota Access Pipeline and not grant the final easement today is extremely disheartening. This pipeline was thoroughly reviewed for nearly two years by the federal and four state governments, including by the Corps of Engineers.
This political decision to postpone construction jeopardizes the safety of all those who live and work near the project. The MAIN Coalition continues to stand for the approval of the Dakota Access Pipeline in accordance with the will of the states, the original assessment by the Corps of Engineers, and the rulings of two United States Federal Courts.”

Chad Carter, IUOE Local 234
“The announcement today by the U.S. Army Corps of Engineers only threatens further instability and continued protests on the Dakota Access Pipeline job sites, where hard working Americans are being threatened with violence just for showing up to work.”
“This decision will only further enflame protesters who have no regard for the rule of law, and will continue to intimidate workers, threaten acts of violence, and resist lawful removal by police. This decision undermining of the regulatory review process represents a threat to the future of infrastructure projects, and the future of American jobs for years to come.”

Dawna Leitzke, Executive Director, South Dakota Petroleum and Propane Marketers Association
“Today’s decision to again delay the completion of the Dakota Access Pipeline represents an unprecedented step in the wrong direction for the future of American energy independence. This fully approved and permitted project is over 80 percent built, yet Washington has now decided to upend existing law at the peril of American workers and businesses.”

DAPL Parent Company Denounces Obama Admin Easement Delay

The parent companies of the Dakota Access Pipeline—Energy Transfer Partners and Sunoco Logistics Partners—sharply denounced yesterday’s announcement by the U.S. Army Corps of Engineers to delay issuing the final easement needed to cross under Lake Oahe in North Dakota. In a joint statement, the project’s backers called the move “unjust and a reinforcement of the Administration’s lack of interest in enforcing and abiding by the law.”

Energy Transfer Partners, L.P. (NYSE: ETP) and Sunoco Logistics Partners, L.P. (NYSE: SXL) denounced today’s announcement by the Army Corps of Engineers regarding Dakota Access Pipeline’s authority to cross under Lake Oahe in North Dakota as unjust and a reinforcement of the Administration’s lack of interest in enforcing and abiding by the law. Furthermore, there was no legal or factual justification stated by the Corps for the delay. In fact, the Corps admitted again today that its review had concluded that all previous decisions complied with all applicable legal requirements.

The Corps knows full well that it is seeking additional consultation with a party that has steadfastly refused to consult. Rather than holding Standing Rock Sioux Tribe accountable for its decisions over the past three years, it seeks to reward them at this late date.

“This action is motivated purely by politics at the expense of a company that has done nothing but play by the rules it was given,” said Kelcy Warren, CEO of Energy Transfer Partners. “To propose, as the Corps now does, to further delay this pipeline and to engage in what can only be described as a sham process sends a frightening message about the rule of law.”

Dakota Access is fully confident that the previous review process conducted by the Corps was extremely thorough and comprehensive. The Corps has supported and defended this process in two federal courts and has been upheld both times.

Dakota Access will vigorously pursue its legal rights in this matter.

The joint statement echoes the MAIN Coalition’s immediate response to this unprecedented, extrajudicial action.

MAIN Coalition Statement Regarding Dakota Access Easement Decision

Today, the U.S. Army Corps of Engineers announced plans to further delay the completion of the Dakota Access Pipeline. In response, MAIN Coalition spokesman Craig Stevens said the following:

“Today’s decision is yet another attempt at death by delay and is a stunning rebuke of the Army Corps of Engineers, the federal civil service, four state governments, and the rule of law.  This extrajudicial, political decision is exactly why hard-working Americans across the country rejected a third Obama term.  By its own review and admission, the Army Corps of Engineers did everything right.  Americans expect their government to play by the rules – and this is just another example of the Obama Administration using its perceived authority to drive a political agenda.

Now the Secretary of the Army’s office is requiring even more consultations: why?  The Corps consulted with 55 Native American tribes, including the Standing Rock Sioux tribe, nearly 400 times.  The Standing Rock Sioux ignored or canceled further requests for meetings from the government and the pipeline construction company.  There is no disagreement from the government or the federal court that the Corps and the company did everything right.  So rather than finalize the already approved easement, the Administration has chosen to further fan the flames of protest by more inaction.

The pipeline – at no point – crosses the Standing Rock Sioux tribe’s reservation, is collocated with a three-decades old natural gas pipeline, and has received all requisite state and federal approvals.  The only remaining piece of the 1,172 mile puzzle was the final easement for a 1,000 foot portion abutting Lake Oahe.  There is no reasonable logical, factual, or scientific reason for it not to be issued.

Additionally, we are dumbfounded and heartsick for the dozens of Army Corps and career civil service personnel who worked tirelessly for more than 800 days to ensure they fully met the letter and spirit of the law in approving the 37 miles of the pipeline route the federal government has oversight over.

With President-Elect Trump set to take office in 67 days, we are hopeful that this is not the final word on the Dakota Access Pipeline.”

Army Corps of Engineers To Announce Easement Decision “In Matter of Days”

Today Capital Alpha reported that U.S. District Court Justice James Boasberg held a status hearing to discuss the Dakota Access Pipeline lawsuit, Standing Rock Sioux v. U.S. Army Corps of Engineers.

During the meeting, Army Corps counsel Matthew Marinelli said that the Corps “will announce next steps or a path forward” on the easement “within a matter of days.” When pressed about whether that would be a yes/no decision on the easement by Boasberg, Marinelli declined to elaborate.

Following a significant period of time already spent on review, the Corps of Engineers should feel confident in their original assessment of no significant impact and approve the final easement so construction on the Dakota Access Pipeline can be completed.

What the Dakota Access Pipeline Protesters Aren’t Telling You

With the help of celebrities and professional activists, protests against the Dakota Access Pipeline in North Dakota have attracted international attention. The shouting and violence have drawn sympathy from people who are hearing only one side of the story — the one told by activists. Were the full story to be heard, much, if not all, of that sympathy would vanish.

The activists tell an emotionally-charged tale of greed, racism, and misbehavior by corporate and government officials. But the real story of the Dakota Access Pipeline was revealed in court documents in September, and it is nothing like the activists’ tale. In fact, it is the complete opposite.

Continue Reading >>

Governors Urge Army Corps to Issues Dakota Access Easement

Governors Urge Army Corps to Issues Dakota Access Easement

 

Earlier this week, the governors of Iowa, North Dakota, and South Dakota urged the U.S. Army Corps of Engineers to adhere to the regulatory process and issue the final easement necessary to complete the Dakota Access Pipeline.

In the Oct. 25 letter, the three governors highlighted that more than 96 percent of the 1,172 mile infrastructure project has already been thoroughly vetted and approved by state utility regulators. Furthermore, the governors noted that Dakota Access has satisfied all of the established federal requirements needed to move forward.

“As governors of three states which the Dakota Access Pipeline route crosses – Iowa, North Dakota, and South Dakota we write to you today to ask the United States Army Corps of Engineers to adhere to the process which was in place when this project began as you make the decision to issue the final federal easement required for the Dakota Access Pipeline to cross the Missouri River in North Dakota,” the governors wrote

They went on to caution that further delays will likely result in negative impacts to their states and the region. “Construction delays will negatively impact landowners and farmers who will risk having multiple growing seasons impacted by construction activities,” they wrote. It is in the best interest of all parties to mitigate any further negative impacts.”

The letter—signed by Govs. Terry E. Branstad of Iowa, Jack Dalrymple of North Dakota, and Dennis Daugaard of South Dakota—is the latest of in a series of recent high-profile calls for the Army Corps and the Obama administration to allow this critical infrastructure project to be completed.

MAIN Responds to Sen. Sanders’ Call to Halt Dakota Access Construction

Earlier today U.S. Sen. Bernie Sanders and four other Democratic senators asked President Obama to halt construction on the Dakota Access Pipeline and order that a full environmental review be completed. In a statement, MAIN Coalition spokesperson Craig Stevens challenged the request, noting that the project has already been fully vetted and approved by both the federal government and four state regulatory agencies.

There is no legitimate reason, whatsoever, for the federal government to request another environmental study for the Dakota Access Pipeline – to do so is nothing more than a ploy to kill the project by unnecessary and undetermined delay.

The Dakota Access Pipeline has been fully vetted and approved by four states and the federal government pursuant to dozens of state and federal regulations including environmental regulations. Two federal courts have ruled that the Army Corps of Engineers met its obligations under the law – and in many cases went beyond the letter of the law to meet the spirit and intent of the legislation. Additionally, the Corps and Dakota Access, LLC, met with thousands of concerned citizens and groups over the past two years to ensure the pipeline traversed the safest, most sensible route.

The nation is watching this administrative decision: Will the administration respect the rule of law, the regulatory process, and the engineers who did their jobs or will the administration make a decision based on a political preference?  If the decision ignores the regulatory process it will have a chilling effect on future private infrastructure development and threaten American jobs.

The MAIN Coalition remains hopeful that administrative actions and judicial decisions will be based on the facts, science, engineering, and the rule of law that leads to the completion and operation of the Dakota Access Pipeline without further delay.

MAIN Coalition Statement Regarding Court Ruling, Tribal Consultations

Today, MAIN Coalition spokesman Craig Stevens released the following statement discussing the U.S. Court of Appeals decision to deny the Standing Rock Sioux Tribe’s injunction request as well as this evening’s tribal listening session in Phoenix, AZ:

There is no reasonable reason for the federal government to continue its delay of the necessary easement to allow for the ultimate completion and operation of the Dakota Access Pipeline. The Army Corps of Engineers and Dakota Access, LLC, have labored for more than two years, meeting with hundreds – if not thousands – of individuals and groups to plot out the safest, most sensible route for the pipeline.

The 1,172 mile pipeline has been approved by four states and the federal government and has received all necessary permits and easements, except for the mere formality of an easement for approximately 1,100 feet abutting and under Lake Oahe which would parallel an existing natural gas pipeline and which has already been approved by the Army Corps of Engineers.

It is nearly 60 percent built and supports more than 8,000 jobs, at a cost of more than $1.6 billion so far.  And, once operational, it will be among the most technologically advanced pipelines in the world.

Now, two courts have agreed that the Army Corps followed the letter of the law: first Judge Boasberg in his initial decision and then the Appellate Court in its order.  Additionally, considering the painstaking review and accommodations that were made on the final pipeline route, we would argue that the Corps and company followed the spirit of the law and the intent of the lawmakers.

We recognize the importance of consulting with all interested parties and applaud the government for holding its meetings with tribal leaders to discuss appropriate processes for future projects.  However, the government cannot reasonably say that any disagreement equates to a veto.  If that becomes the standard then no infrastructure project of consequence will ever again be completed in this country.

Our nation is a nation of laws which includes regulations that were written to facilitate life in a civilized society.  Regulations are intentionally apolitical to allow businesses and individuals to live with certain rules and expectations outside the bounds of political discourse.  If we can no longer rely on the certitude of duly passed and implemented laws and regulations, it could ultimately lead to chaos; or, at the very least, an understandable confusion among American business leaders and citizens as to which laws and regulations are meaningful and which can be ignored.

The last administrative action on the final 1,100 feet of the Dakota Access Pipeline now rests with the Obama Administration.  We hope and expect that they do the right thing: issue the easement for construction under Lake Oahe without further delay.  To do otherwise would undermine our nation’s regulatory regime and chill American infrastructure development, costing Americans their jobs and, ultimately, our nation its progress.

MAIN Coalition Statement on Court Decision

The U.S. Court of Appeals has ruled to dissolve its administrative injunction and allow Dakota Access to  move forward with construction up to Lake Oahe. In a statement, MAIN Coalition spokesman Craig Stevens welcomed the announcement:

We are pleased, but not surprised, by the Court’s decision as this demonstrates that the Army Corps of Engineers did, indeed, meet the requirements required by the law.  As laid out in Judge Boasberg’s opinion, the corps consulted 389 times with 55 tribes including the Standing Rock Sioux. Not only was the letter of the law met, but considering the lengths the corps and Dakota Access, LLC, went, so too was the spirit.

We continue to believe that as long as the ultimate administrative and judicial decisions are based on the facts, science, engineering, and the rule of law the Dakota Access Pipeline will become operational without additional delay.