Dakota Access Memo Cheers Pipeline Supporters

A pair of agency-directed memos signed Tuesday by President Donald Trump could force completion of the controversial Dakota Access pipeline in North Dakota as well as breathe new life into the Canadian-based Keystone XL pipeline.

Trump’s memo did not grant a drilling easement for the $3.8 billion Dakota Access project to cross U.S. Army Corps of Engineers land on the Missouri River/Lake Oahe but directs the agency to expedite review with the idea that prior reviews already satisfy federal law.

Congressman Kevin Cramer said he believes the memo will force the agency to rescind the decision it made last week to begin a full-blown environmental impact statement on the crossing and issue an easement in short order.

Cramer said he made contact Tuesday with federal law enforcement agencies, including the CIA and the U.S. Marshal service, in anticipation of pushback from hundreds of pipeline protesters camped near the water crossing just north of the Standing Rock Sioux Reservation when construction resumes.

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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.”

Dakota Access Delays Threaten the Future of Infrastructure

The 2016 election will go down in history as one of the more toxic and divisive in modern American history. Yet it is worth considering at least one issue that received near universal support from both candidates: the need to invest in infrastructure.

Political leadership has long viewed infrastructure investments by the private sector as the backbone of the U.S. economy. Politicians praise transportation, telecom, water, and energy infrastructure as the very lifeblood of our economy, seamlessly moving the supplies, energy, and information to where it is needed. As Donald Trump himself stated moments after winning the presidential election, “We’re going to rebuild our infrastructure, which will become, by the way, second to none. And we will put millions of our people to work as we rebuild it.”

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DAPL Supporters Stress Risks to Public Health, Safety if Protests Continue

There are presently around 3,000 protesters occupying six camps near where the Dakota Access Pipeline will cross the Missouri River. As the seasons change, some have opted to go home, but others have stayed and are beginning to construct shelters in preparation for winter. It’s a sign that they intend to wait out the winter. According to industry officials, though, the pipeline itself is all but built and continued protest is unlikely to be effective.

“This thing is going to get approved,” said Brigham McCown, former acting administrator of the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration. The project has already received permits from each of the several states it passes through. All that remains is a final easement of about 540 feet on each side of the river. The Army Corps of Engineers has twice defended its approval process for the section in courts, and the courts have agreed construction should continue. But earlier this week, the Corps announced it wanted to halt construction while doing further analysis.

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Former Regulator: Pipeline Exceeds Requirements

The former head of the U.S. Pipeline and Hazardous Materials was in North Dakota Wednesday to inspect the Dakota Access pipeline. Brigham McCown said he cannot recall a case where the U.S. Army Corps of Engineers ever withdrew permits that were validly issued, and he believes the manner of that withdrawal should give everyone pause.

Meanwhile, Chairman of the Morton County Commission Cody Schulz pushed back on the U.S. Army Corps of Engineers’ decision to further review the pipeline’s crossing at Lake Oahe, saying the federal agency is endangering everyone involved, and the Standing Rock Sioux Tribe announced a media event at the Oceti Sakowin camp on Friday. The event is to include tours of the camp and interviews with a variety of celebrities and influencers, as well as 25 of the youth water protectors who met with President Barack Obama and First Lady Michelle Obama when the two visited the tribe in 2014.

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Former PHMSA Administrator Discredits Activist-Funded Study on Dakota Access

The former head of the federal government’s top pipeline safety watchdog is challenging the findings of recent analysis of the Dakota Access Pipeline authored by pay-for-play consultant Richard Kuprewicz and funded by Earthjustice.

Brigham McCown, a former head of the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) and current advisor to the MAIN Coalition, refuted many of Kuprewicz’s assumptions and questions the overall manner in which the analysis was conducted.

“My concerns with Mr. Kuprewicz’s report include a lack of understanding and respect for accepted methodology, inferring that an absence of risk is demonstrative of risk, and the inability to accept the importance of the safe transportation of America’s energy,” McCown wrote. “The overall Kuprewicz report runs directly counter to best practices, does not keep with accepted norms, and should not be relied upon when discussing the Dakota Access Pipeline Project.”

McCown proceeds to detail and correct the myriad of errors and false assumptions that Kuprewicz made, including the lack of scientifically accepted methodology, using absence of risk to indicate risk, and disregard for the necessity of petroleum-based resources.

After reviewing both the Army Corps Environmental Assessment and the Earthjustice assessment, McCown concluded that the, “Earthjustice report lacks credibility and was, from its conception, a report designed to undermine confidence in the Dakota Access Pipeline Project as opposed to a paper realistically designed to review the government’s work and decision to fully permit the project.”

Click here to read McCown’s full review.