Statements from Members of Congress on Corps Indecision and Further Delay of DAPL

North Dakota Senator Hoeven issued a strong rebuke yesterday evening on the Corps decision to further delay the Dakota Access Pipeline and acknowledged the careful examination of the project by the agency and need to approve the project immediately. In addition, House Natural Resources Chairman Rob Bishop indicated the facts surrounding the project have not changed and that it is time to approve the project.

Hoeven: Corps Should Issue The Dapl Easement And Resolve The Pipeline Situation In N.D.
U.S. John Hoeven, November 14, 2016

WASHINGTON – Senator John Hoeven today issued the following statement in response to the Army Corps of Engineers’ announcement that it will further delay issuing a final easement that would allow construction of the Dakota Access Pipeline to be completed:

“The Corps today announced it will further delay issuing an easement for the Dakota Access Pipeline. That will only prolong the disruption in the region caused by protests and make life difficult for everyone who lives and works in the area.

“U.S. District Judge James Boasberg ruled in September that the Corps has done its due diligence, and he allowed the project to proceed. Furthermore, the pipeline is sited in an existing right-of-way that already includes a natural gas pipeline and a high-voltage transmission line. The route has been altered 141 times to address sites of archaeological significance.

“The solution now is for the Corps to grant an easement for the project so that life can return to normal for our farmers, ranchers, tribal members and law enforcement officers, who have worked very hard to protect the lives and property of all. Further, I will continue to call on the Obama administration to provide federal resources and funding to help ensure public safety.”

The senator has been working to support state and local law enforcement efforts, which include bringing in additional law enforcement resources through EMAC, the Emergency Management Assistance Compact, so that people living in the region feel safe and private property rights are protected. Hoeven and the congressional delegation have also been working to bring federal resources to assist local law enforcement in their efforts to keep the peace and deal with the protests.

Bishop: Dakota Access Delays Jeopardize Future Infrastructure Investment and Development
House Natural Resources Committee, November 15, 2016

WASHINGTON, D.C., November 15, 2016 – Yesterday, the U.S. Army Corps of Engineers (USACE) announced they will begin another round of discussions and analysis on the Dakota Access pipeline (DAPL) project with the Standing Rock Sioux Tribe, Energy Transfer Partners and Dakota Access, LLC. Chairman Rob Bishop (R-UT) issued the following statement:

“From the beginning of this controversy, the Obama administration exploited Native Americans to advance an obstructionist and radical environmental agenda.

“The facts haven’t changed. The route was approved the first time around after an exhaustive permitting process under the established regulatory framework, including the Mineral Leasing Act. The president’s increasingly autocratic interventions create massive uncertainty that jeopardizes future infrastructure investment and development. This is a mockery of our constitutional system and beyond the pale for any administration. Americans are counting down the days until we can return a semblance of certainty and professionalism to the federal government’s permitting process.”

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.”

Repercussions of Dakota Access Pipeline Delay

The repercussions of the Obama administration’s decision to continue delaying the more than half-completed Dakota Access pipeline would extend well beyond billions in private investment dollars, tens of thousands of lost jobs, and hundreds of millions in denied annual tax revenues.  At stake is the fragile nexus between state and federal regulation of the private development they govern.  If Dakota Access is denied at this late stage – after having met and exceeded all applicable rules and regulations, and, after having invested huge sums of capital – it would signal an end of the rule of law under this administration.

Dakota Access Delays Could Limit Future Infrastructure Investment

In a new opinion piece, Jack Rafuse, a former White House energy advisor, made clear that the Obama administration’s decision to continue delaying the Dakota Access Pipeline could greatly limit future private investment in nation’s already crumbling infrastructure. According to Rafuse, a decision to deny the project after it has been largely completed would set a dangerous precedent and signal an end to the rule of law.

Private companies do not spend large amounts of time and money frivolously.  They identify a need, conceive a solution, and then establish a goal for attaining it.  They study.  They plan.  They commit to years of regulatory hearings, testimony, proceedings, and detailed reports by the company and by federal, state and local officials.  Only after all those steps have been taken do the private companies commit, and with years to go before ultimate clearances are granted, do they commit.

Furthermore, Rafuse outlined the exhaustive 800-plus day review that the project underwent and the hundreds of consultations that took place between the U.S. Army Corps of Engineers and 55 different Native American tribes.

Although Dakota Access was ultimately green-lighted by the applicable agencies of four separate states as well as the United States Army Corps of Engineers (USACE), it received those approvals only after a painstaking review process that included continuous consultation with Native American tribes, as well as the verification by three independent sources – USACE (which held 389 meetings with 55 tribes), a federal judge, and the North Dakota State Historic Preservation Office (and its Chief Archaeologist, Paul Picha) – that the pipeline’s route near the protest site in North Dakota does not infringe upon any areas of cultural significance.

In addition, Rafuse notes that Dakota Access has already invested more than $1.6 billion in the pipeline and currently supports upwards of 8,000 jobs.

Click here to read Dr. Rafuse’s full piece in Real Clear Energy.

Dakota Access Parent Company Tops List of ‘Investment Heroes’

A new report released by the Progressive Policy Institute (PPI) shows that Energy Transfer Equity—the Dallas-based parent company of Dakota Access—invested more than $9.3 billion in the United States last year.

Started in 2012, PPI’s “Investment Heroes” report provides an annual ranking of American companies that are making substantial capital investments and improving the national economy in the process. In its latest ranking, PPI outlined 25 firms that collectively spent nearly $177 billion on long-term domestic investments in buildings, equipment, and software.

“To understand which companies are betting on America’s future today, we rank the top 25 companies by their estimated domestic investment in their most recent fiscal year.”

Ranked fourth on the list, ETE stands out as leader in private energy infrastructure development by providing the means to safely move oil and gas resources utilizing private capital for investments rather than placing the burden on American taxpayers.

“This year, as in the previous four years, AT&T is the leading company on our list, having invested an estimated $18.7 billion in the United States in 2015. Next on the list is Verizon, with an estimated $16.5 billion in domestic capital spending, followed by Exxon Mobil, Energy Transfer Partners, Chevron, Walmart, and Google’s parent company, Alphabet.”

For too long America has failed to make essential investments in national infrastructure which will hinder economic progress in the 21st century. The companies outlined as 2016 Investment Heroes are betting on America’s future and making the necessary investments right now—like the Dakota Access Pipeline—that will provide the foundation for new growth in our national economy for decades to come.

Pre-Debate Statement from the MAIN Coalition

In just a few hours Secretary Clinton and Mr. Trump will engage in their first presidential debate.  Among the topics they are expected to discuss are their plans to strengthen our nation’s economy. In advance of their debate, MAIN Coalition spokesman Craig Stevens issued the following statement:

As Secretary Clinton and Mr. Trump discuss their visions to support our nation’s economic prosperity, there will be one area that they both can agree: encouraging private infrastructure development.  There is no debate that our nation’s infrastructure needs updating; and there are American companies ready to employ American skilled labor to get the job done right.  But companies need regulatory certainty in order to dedicate the financial resources necessary to complete these needed massive projects.

Right now, a stretch of the Dakota Access Pipeline is in limbo because – despite being fully approved by the relevant four states and the U.S. Army Corps of Engineers and being more than 60 percent complete – the Administration has decided to reevaluate the regulatory process.  This is indeed troubling and could have a chilling effect on private infrastructure development as companies, who have followed the process correctly and done everything right, risk having their projects stopped right in the middle construction.

This is no way to run an economy.

The members of the MAIN Coalition and all Americans will be listening to both candidates tonight to see who articulates the best vision for our nation’s economy, including the best way to support necessary U.S. infrastructure development.

Dakota Access Opponents’ Extrajudicial Actions Have Real Safety Implications

Some of the key points throughout the entire review process for the construction of the Dakota Access Pipeline were “is this pipeline safe,” “will the job site be safe,” and “will those job sites protect the environment?”

These are questions we all had, after all, this is our land, these are our communities. If this work is going to take place, safety is of the utmost concern both during construction and operation. That’s why we had a review process that considered all these questions, and more.

Throughout the review we learned about the intricacies of soil restoration, X-Ray weld scanning technology, remote actuated shutoff valves, 24/7 monitoring, and horizontal directional drilling. These were matters that were carefully explained by the company throughout each of the lengthy review processes both in open testimony and public documents so that each state, through their utility regulatory bodies, and the federal government, through the U.S. Army Corps of Engineers, could make an informed decision. Only after all had been satisfied was the pipeline deemed safe and approved for construction.

But now that construction has begun, opponents of the project have taken matters into their own hands by committing acts of destruction, trespassing, and refusing compliance with lawful authorities’ orders meant to keep our communities safe.

Rather than pursue lawful action, or accept the fact that this pipeline was indeed thoroughly reviewed and that informed decision makers did their due diligence. These fringe groups have taken to physical action to stop the pipeline on the lawful easements where construction is taking place.

This type of activity endangers local workers, communities, and possibly even the opponents themselves, who do not have the proper training or safety understanding to move on or around the active job sites.

We’ve talked in the past about our disagreements, but the simple fact remains this pipeline was approved many times over.

We urge the opponents of this project to not put themselves in harm’s way and to denounce those who do. It does all of us no good to endanger their own safety and the safety of those working on the pipeline.

Dakota Access Review Exemplifies Thorough Energy Permitting Process

It’s safe to say the Dakota Access Pipeline has received one of the most thorough reviews of a domestic infrastructure project in recent memory. For many of us this project has been a long time coming, but even just this weekend, despite all permitting decisions completed, opponents of the project are still attempting to halt its progress because according to their message, nobody was listening.

But the facts show this just isn’t true. Everyone had a fair opportunity to present their interests and multiple jurisdictions approved this project independently of one another.

Don’t believe us? Let’s take a look at the numbers:

  • 3 North Dakota Public Services Commission Hearings
  • 4 South Dakota Public Utility Board Meetings
  • 18 Iowa IUB Meetings in each county along the pipeline route
  • Nearly a month of official testimony in front of the Iowa Utilities Board
  • Nearly a year and a half of review by the U.S. Army Corps of Engineers

And that doesn’t even take into account the thousands of comments and letters sent in to each jurisdiction throughout a nearly two year process. So if two years of time in front of public servants from four states and the federal government isn’t enough time to make a case then it’s hard to imagine any scenario where opponents of Dakota Access would be satisfied.

Army Corps of Engineers: Time to Act. Approve the Dakota Access Pipeline permit.

 

The Dakota Access pipeline was approved by state bodies in North Dakota, South Dakota, Iowa, and Illinois after more than 500 days of scrutiny, hundreds of hours of expert testimony, and 32 public meetings and hearings. This includes the North Dakota Public Service Commission, South Dakota Public Utilities Commission, Iowa Utilities Board, and Illinois Commerce Commission who have all taken into account public and expert opinion in addition to multiple filings from Dakota Access, the states, and individual landowners.

But bureaucrats at the U.S. Army Corps of Engineers are delaying construction because of permits on only 3.5% of the total length of the pipeline route, even though the corps has spent more than 15 months on its review. Dakota Access has requested federal permits under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 for water body crossings, as well as permission required by Section 14 of the Rivers and Harbors Act of 1899. This would allow construction to take place on 37 miles of land along the entire project corridor.

Utility boards in all four states have already issued permits for the construction of the Dakota Access Pipeline in their states.

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The states have weighed in and we are in agreement.

Tell the Army Corps: Time to Act.

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Release the permits so construction can begin.