A False Victory At Standing Rock

The Obama administration announced Sunday that it is denying an easement needed to build the Dakota Access Pipeline, which would run crude oil from North Dakota to Illinois. The project is mostly built on private land but requires approval from the Army Corps of Engineers to cross federally regulated waters, including Lake Oahe, a section of the Missouri River. The Standing Rock Sioux Tribe , which governs a reservation near the lake, objects that the project threatens its water and violates sacred land. The protest camp the tribe created has swelled with activists from across the country, who have clashed with local authorities. So, with the harsh Dakota winter descending on the camp, the Army Corps said Sunday it would examine new routes in consultation with tribal leaders.

It is hard not to have sympathy for the tribe. Driven off their territory and cordoned into a small reservation, the Standing Rock and other Native American communities were victims of grave injustice as white Americans moved relentlessly west in pursuit of land and fortune. The area outside the reservation still holds historical and cultural significance, which deserves careful consideration.

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What the Dakota Access Pipeline Is really About

A little more than two weeks ago, during a confrontation between protesters and law enforcement, an improvised explosive device was detonated on a public bridge in southern North Dakota. That was simply the latest manifestation of the “prayerful” and “peaceful” protests against the Dakota Access Pipeline.

Escalating tensions were temporarily defused Sunday when the U.S. Army Corps of Engineers, at the direction of the Obama administration, announced it would refuse to grant the final permit needed to complete the $3.8 billion project. The pipeline, which runs nearly 1,200 miles from the Bakken Shale in North Dakota to Illinois, is nearly complete except for a small section where it needs to pass under the Missouri River. Denying the permit for that construction only punts the issue to next month—to a new president who won’t thumb his nose at the rule of law.

Like many North Dakotans, I’ve had to endure preaching about the pipeline from the press, environmental activists, musicians and politicians in other states. More often than not, these sermons are informed by little more than a Facebook post. At the risk of spoiling the protesters’ narrative, I’d like to bring us back to ground truth.

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Environmental Fears Over DAPL Overblown

The Dakota Access Pipeline (DAPL) is more than just a pipeline. It is a political hot potato. There are a lot of issues underlying the DAPL conversation, including indigenous peoples’ access to ancestral lands, environmental concerns of a potential spill, water rights, and social justice.

One false assumption is that rejecting the DAPL would result in fossil fuels staying in the ground. The lack of a pipeline has not stopped growth in oil production from the Bakken shale formation yet. This oil is currently transported by rail or road, where it has a significantly higher chance of spillage, explosion or tragedy. Higher prices will be passed on to consumers, a regressive policy that inordinately affects the poorest citizens.

Climate change activists have also entered the fray. Anti-fossil fuels advocate Bill McKibben said the pipeline couldn’t pass “a climate test” and the Center for Biological Diversity has made DAPL a touchstone of its aggressive climate campaign. Wouldn’t it be great to see the numbers behind the rhetoric?

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Army Corps Gives the Left a Last Stand in North Dakota

The U.S. Army Corps of Engineers on Sunday delivered a symbolic victory to the environmental left by denying a permit to complete the 1,200-mile Dakota Access oil pipeline. The political obstruction illustrates why it’s so hard to build anything in America these days.

Construction is almost complete on the Dakota Access, which aims to transport a half million barrels of oil each day from the Bakken Shale in North Dakota to Illinois for delivery to refiners on the East and Gulf coasts. About 99% of the pipeline doesn’t require federal permitting because it traverses private lands. But the Corps must sign off on an easement to drill under Lake Oahe that dams the Missouri River.

After an exhaustive consultation with Native American tribes, the Corps in July issued an environmental assessment of “no significant impact.” Construction is unlikely to harm tribal totems because the Dakota Access would parallel an existing gas pipeline. The route has been modified 140 times in North Dakota to avoid upsetting sacred cultural resources.

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Our View: Finish Dakota Access Pipeline

The United States has 72,000 miles of crude oil pipeline. Yet each proposal to add 1,000 miles or so is viewed by opponents in almost apocalyptic terms.

Activists spent years defeating the Keystone XL pipeline, which would have transported oil from western Canada and eastern Montana to the Gulf of Mexico.

Now the focus is on the Dakota Access Pipeline, a mostly built line running diagonally through the Dakotas and Iowa on its way to Illinois. It would be the first major pipeline bringing access to the Bakken oil fields that have been so much a part of America’s energy production renaissance.

On Sunday, the Army Corps of Engineers said it would not approve an easement to cross the Missouri River at the Standing Rock Sioux reservation, where protesters have been holed up for months. The decision by the Obama administration effectively punts the issue to the Trump administration, which would do well to explore whether there are less controversial ways to complete the pipeline.

For the Standing Rock Sioux, it is understandable that they would not want a pipeline crossing a major river just upstream of their reservation (and traversing land outside of the reservation said to contain sacred burial sites).

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Energy Transfer Partners and Sunoco Respond to Dept. of the Army Statement

Following the announcement that the U.S. Army Corps of Engineers would not issue an easement to Dakota Access at this time for the crossing of Lake Oahe, Energy Transfer Partners and Sunoco Logistics issued a statement declaring the decision a “purely political action.”

According to the statement, “For more than three years now, Dakota Access Pipeline has done nothing but play by the rules. The Army Corps of Engineers agrees, and has said so publicly and in federal court filings. The Corps’ review process and its decisions have been ratified by two federal courts. The Army Corps confirmed this again today when it stated its ‘policy decision’ does ‘not alter the Army’s position that the Corps’ prior reviews and actions have comported with legal requirements.’”

“The White House’s directive today to the Corps for further delay is just the latest in a series of overt and transparent political actions by an administration which has abandoned the rule of law in favor of currying favor with a narrow and extreme political constituency.”

The companies remain committed to ensuring that the project will be completed and will move forward.


MAIN Coalition Members and Advisors Release Statement on Administration’s Decision Not to Issue Final Easement

Following the Obama Administration’s decision to not grant an easement for the Dakota Access Pipeline at Lake Oahe, MAIN Coalition members and advisors issued the following statements:

Coalition Advisors

Ret. Major General James “Spider” Marks

“Today’s decision by the Obama Administration to deny the easement for the Dakota Access Pipeline is a politically motivated action with a complete disregard for the rule of law and the regulatory process that was so carefully followed over two years.

To deny the easement, based on the influence and unlawful actions of the unpeaceful protesters I saw firsthand is baffling and unlike anything I have ever seen.

Today’s decision will only embolden, empower, and engage future activity on other major infrastructure projects and create detrimental consequences for our nation’s energy security, economy, and infrastructure development for years to come.”

Brigham McCown, Former PHMSA Administrator

“As a supporter of the institutional process, I am disheartened to see the length to which this current administration has chosen to politically manipulate and undermine mature programs administered by the career civil service.

There is simply no justification for today’s decision which undermines every single proposed infrastructure project across America. The signal it sends is tragic, that the government can change its mind after a project has been approved and construction has started. This ill-conceived notion says that the rules of the game are subject to manipulation without recourse, at least until a new administration takes office.

The decision to review alternate routes was already rejected, and the government offers no justification for rescinding its previous findings of no adverse impacts and it yet another example of government obstruction of key infrastructure projects which would have increased energy safety and environmental stewardship.”

Coalition Members

Ed Wiederstein, Chairman of the MAIN Coalition

“It is extremely disappointing that the administration has decided to take this course of action on what should be a mere formality for a project that is more than 90 percent complete.

Dakota Access has worked for more than two years to identify the safest, most sensible route for the pipeline and once operational, this project will be among the most technologically advanced pipelines in the world.

Instead this purely political decision has undermined our nation’s regulatory structure and sent a chilling message to those looking to invest in our nation’s infrastructure network.”

Bill Gerhard, President of the Iowa State Building and Construction Trades Council

“It is completely unacceptable that the administration has denied the easement on the final, 1,000 foot section of an 1,200 mile project. This project was denied because of special interest opponents who have already stated their mission is far greater than this particular project. And the reality is this decision will have implications far beyond than those who are protesting it’s development.

The over $1 billion private investment in Iowa alone is critical to modernizing our nation’s energy transportation network and Iowa stands to benefit greatly in the years to come from the millions in added tax revenues during construction that is already being generated. The skilled tradesmen from many communities along the pipeline’s route already preparing for the coming economic boon that will accompany the construction phase of the project were dealt a serious blow by this decision.”

Andy Peterson, President of the North Dakota Chamber of Commerce

“The refusal to grant an easement for the Dakota Access Pipeline in North Dakota by the federal government is deeply concerning for future business and infrastructure investments in our state.

Despite receiving approvals from each state along the route, a finding of No Significant Impact by the U.S. Army Corps of Engineers, court rulings from the District and Circuit Court of Appeals for the District of Columbia, and the support of thousands of individuals in the business, agriculture, and labor communities, political decisions ultimately overrode informed judgement.

If private companies cannot rely on the government to enforce the rule of law, and ensure that lawful investments can be carried through despite two full years of governmental review and approvals, then there is very dangerous precedent being set by the Obama Administration.”

Ron Ness, President of the North Dakota Petroleum Council

“The Army Corps of Engineers’ refusal to grant an easement for the Dakota Access Pipeline to cross Lake Oahe is extremely disheartening.

Despite a thorough review by the U.S. Army Corps of Engineers, and an approval by the North Dakota Public Service Commission, political decisions made by the Obama Administration ultimately overruled sound engineering judgment, and will only serve to enflame ongoing tensions in Morton County.

The North Dakota Petroleum Council looks forward to the enforcement of the rule of law and the approval of an easement by the incoming Trump Administration.”

Dawna Leitzke, Executive Director, South Dakota Petroleum and Propane Marketers Association

“The South Dakota Petroleum and Propane Marketers Association is deeply troubled by the refusal to grant the last easement for the Dakota Access Pipeline by the Obama Administration.

This refusal threatens the future of both energy independence and ensuring a low cost of supplying a vital resource that drives our economy from agriculture, to manufacturing, to consumer products and services.

The Dakota Access Pipeline remains a critical investment and we look forward to its approval and completion after the Obama Administration leaves office in a few short weeks.”


Obama Admin. Blocks Dakota Access Pipeline Months After Approving It

The U.S. Army Corps of Engineers will not be granting the company building the Dakota Access Pipeline (DAPL) the easement it needs to cross the Missouri River, despite the project being nearly complete.

American Indians and environmentalists camped out at the project’s construction site hailed the decision a victory, while Energy Transfer Partners and pipeline supporters are bashing the Corps for reversing its stance on the project.

Army Assistant Secretary for Civil Works Jo-Ellen Darcy said the Corps would not approve the easement based on the need “explore alternate routes” for the pipeline. It’s a stunning reversal from July 2016, when the Corps approved the easement for the project.

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MAIN Coalition Statement on Refusal To Grant An Easement at Lake Oahe

Following the Obama Administration’s decision to not grant an easement for the Dakota Access Pipeline at Lake Oahe, MAIN Coalition spokesman Craig Stevens issued the following statement:

“This purely political decision flies in the face of common sense and the rule of law.  Unfortunately, it’s not surprising that the President would, again, use executive fiat in an attempt to enhance his legacy among the extreme Left.  That the President continues to believe that he is above the law is simply un-American and it is this arrogance that working class Americans soundly rejected on November 8.  For millions of hard-working people across the heartland, January 20 cannot come soon enough.

“President Obama’s decision not to issue the final easement is a rejection of the entire regulatory and judicial system, as well as the scores of Army Corps of Engineers and civil servants who toiled for more than 800 days to ensure the process was followed correctly, in accordance with the law.

“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, environmental, or scientific reason for this not to be issued – in fact the Army Corps of Engineers had already recommended the approval of the easement.

“With President-elect Trump set to take office in just a few weeks, we are hopeful that this is not the final word on the Dakota Access Pipeline.”

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Statement from Ret. Major General Spider Marks on Veterans Joining DAPL Protests

Ret. Major General James “Spider” Marks issued the following statement Saturday in response to reports that a number of veterans will be traveling to North Dakota next week to join protesters opposing the Dakota Access Pipeline:

“As people, including some veterans, are traveling to North Dakota this weekend, I would urge all sides to respect and honor our shared military service.  Veterans are represented throughout local law enforcement, among pipeline construction workers, as well as the protesters.  All of us, no doubt, have lost friends or colleagues and spilled our own blood to protect the American freedoms that we all cherish.

“I am concerned that the protests have grown, and will continue to grow, more violent and targeted against law enforcement and pipeline construction personnel and equipment.  We all respect the right to be heard, but I implore all protesters to demonstrate in a peaceful and lawful manner.  As brother and sister veterans, we should respect each other and our shared sacrifice.”

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