Senators’ Letter Rejects the Facts

A letter sent by Oregon Senators Wyden and Merkley, addressed to President Obama regarding the Dakota Access Pipeline, show just how out of touch these members appear to be with the realities of the permitting and planning process for energy infrastructure projects, and with the on the ground realities of the brutal and illegal actions of anti-pipeline protesters.

To summarize; the letter from Senators Wyden and Merkley argues that the planning process for the project had “three major shortcomings.” The first there was inadequate consultations with the SRST “on the impacts to their historic and cultural land;” second, the Corps utilized an inappropriate permitting process; and third, there was a failure to conduct environmental review. The letter also  notes that the concerns with the Nationwide Permit 12 process and argues that because of the pre-approval process in the NWP 12, that there was no public notice or comment period for the overall project or an EIS. The letter also states, in their opinion, that the environmental review was not thorough enough and that concerns from EPA, DOI, and ACHP were disregarded.  Finally, it notes the right of the protesters to “peacefully protest,” and does not include mention of the actions by the protesters but rather the “militarized police response.”

Today the word of the year was announced, false-truth.

We can think of nothing better to describe the gross inaccuracies described by this letter to the President. Once again we see a pattern of ignored realities.

Dakota Access, as well as the U.S. Army Corps of Engineers conducted hundreds of outreach meetings and consultations with Native American tribes, many of which the Standing Rock Sioux Tribe simply refused to participate in. The State of North Dakota also held three separate public input hearings that were well publicized throughout the state that the tribe did not participate in.

Regardless of the Senators concerns with the Nationwide 12 permitting process, the entirely legal process was followed by the various federal agencies who have oversight of the permitting process. Following the issuance of an finding of no significant impact in an over 1,200 page environmental assessment studied over two years by the U.S. Army Corps of Engineers, the project was permitted to move forward on federal lands. That decision was upheld by the U.S. Circuit Court for the District of Columbia as well as the U.S. Circuit Court of Appeals. The Senators might have their own opinions, but these are not the basis of federal law. Political opinions, like those of the Senators of members of the Obama Administration, should remain just that, while federal laws should be followed according to the letter of the law; including the permits released under Nationwide 12.

Finally, once again we see Washington politicians rejecting the overwhelming evidence of violent acts towards members of the law enforcement community, who have pleaded for federal assistance. Instead, the Senators decided to side with protesters who have already committed the following illegal acts:  set fires, slaughtered livestock, fired at gun at law enforcement officers, burned a bridge, terrorized journalists, and repeatedly trespassed on private property.

Regulator: Standing Rock Sioux Absent During Dakota Access Review

North Dakota Public Service Commission (PSC) Chairwoman Julie Fedorchak recently confirmed that the Standing Rock Sioux Tribe failed to participate in the state’s 13-month review of the Dakota Access Pipeline. Speaking with NPR’s Morning Edition, Fedorchak noted that tribal representatives never attended any of the PSC’s public hearings despite personal outreach urging them to weigh in.

“The Standing Rock tribe did not participate in our public hearings or, quite honestly, at any point throughout our 13-month review process,” she said. “Here’s the situation, though, we notified the tribes. We had a personal call go out to the tribes urging them to participate, and we had a hearing 45 minutes from Cannonball.”

Fedorchak further noted that, despite the tribe’s absence, hundreds of others did engage in the process. When asked about the agency’s review of cultural resources, Fedorchak stressed that the entire route was carefully examined by certified archaeologists.

“The entire route of the pipeline was examined on foot by certified archaeologists. They identified more than 500 different cultural resources that needed to be protected, and the pipeline route was altered 140 times to avoid cultural resources. So those include Native American resources, but they also include other historic artifacts.”

Meanwhile, Fedorchak has also refuted claims that the pipeline was originally supposed to cross the Missouri River north of Bismarck and not beneath Lake Oahe.

“The river crossing north of Bismarck was a proposed alternative considered by the [Dakota Access] company early in the routing process. This route was never included in the proposed route submitted to the PSC and therefore was never vetted or considered by us during our permitting process,” she said in an Oct. 27th statement. “The final permitted route follows an existing pipeline corridor that has been previously disturbed.”

Dakota Access Likely to be Safest Pipeline in State

In the worst-case scenario, a leak from the Dakota Access pipeline would release 19,000 barrels — about 800,000 gallons — of oil at a location near Williston. That is the maximum release on the North Dakota part of the 1,172-mile line, according to an analysis Dakota Access was required to complete as part of its permit application with the Public Service Commission.

PSC Commissioner: Permitting Process Validated By Court Ruling

North Dakota Public Service Commission chairwomen Julie Fedorchak weighed in on the Standing Rock Sioux Tribe’s legal challenge to the Dakota Access Pipeline during an interview with Bismarck NBC affiliate KFYR-TV.

Fedorchak, who oversaw the state’s 13 month review of the project, said she feels the U.S. Court of Appeals decision to deny an injunction further validates the permitting process.

On the protests, Fedorchak said that many of the concerns expressed by Standing Rock have been addressed and urged activists to pack up their camp on the banks of Lake Oahe.

“These protests have run their course, they made their point. A lot of the issues that they’re concerned about have been addressed and dealt with. And that, that these protesters should pull up their camp and move on and let law enforcement and the school children in that area and the businesses in that area and everyone in that area go back to life as normal,” said Fedorchak.

Fedorchak’s comments echo those of many others in recent weeks, including U.S. District Court Judge James Boasberg who noted the U.S. Army Corps of Engineers extensive efforts to accommodate tribal concerns.

Federal Inspectors Play Active Role in Dakota Access Construction

The North Dakota Public Service Commission (PSC) met with representatives from the Pipeline and Hazardous Materials Safety Administration (PHMSA) Tuesday and received an updated on the agency’s safety inspections being conducted on the Dakota Access Pipeline.

“The discussion with PHMSA reinforced the value of new, state-of-the-art pipelines as the preferred method for transporting oil,” said PSC Commission Chairwomen Julie Fedorchak in a press release following the meeting. “It’s safer for the public and for the environment.

According the release, PHMSA officials ensured commissioners that inspectors continue to play an active role in the in the DAPL construction process. While the PSC was responsible for approving the pipeline in North Dakota, PHMSA has regulatory authority over the construction, operation, and maintenance of DAPL. During construction, inspectors focus on a multitude of different areas, including ensuring proper training and observing the pipe’s installation.

“The work of these neutral, third-party PHMSA inspectors provides great comfort for concerned citizens that this important oil transmission pipeline is being installed to meet or exceed all reasonable safety standards,” said Commissioner Randy Christmann.

The release further noted that a majority construction and testing in North Dakota should be complete by the end of October.