Burgum Wants DAPL Completed, Rule of Law Restored

Just hours after being sworn into office, North Dakota’s new governor, Doug Burgum, made clear that he wants the Dakota Access Pipeline completed and the rule of law restored. In a video message, Burgum called on the Obama administration to issue the final easement needed to complete the project and provide federal resources to assist local law enforcement.

“For months, the Obama administration has politically stalled a legally permitted project that had already been through an exhaustive review process and has twice been upheld by the federal courts,” Burgum said. “Failure to finish it would send a chilling signal to those in any industry who wish to invest in our state and play by the rules.”

Burgum also addressed the hefty price tag of the months long protests in Morton County, saying that North Dakota taxpayers should not be responsible for the $17 million the state has spent to counter unlawful activities.

The message came a day after now former Gov. Jack Dalrymple defended the multibillion dollar infrastructure project and blasted protesters for ignoring straightforward facts and trampling the legal process.

“It is unacceptable that the facts of the permitting process were not only omitted in much of the discussion among those who disagreed with the pipeline, but were twisted in order to paint the state of North Dakota and federal government as reckless and racist,” Dalrymple wrote in an opinion piece published in the Billings Gazette.

Dalrymple: Setting Record Straight On Dakota Access Pipeline

The Dakota Access Pipeline, an oil pipeline which starts in North Dakota and will route to Illinois, has been marred by a steady stream of misinformation and rumor. As governor of North Dakota, I feel it is important to share the facts of how the route was permitted through our state, as well as our North Dakota law enforcement’s exemplary management of protesters who have made national headlines.

Recently, many around the world have come to know this project as simply “DAPL” and have used limited information shared through traditional and social media to form opinions about the pipeline, and North Dakota as a whole. Much of this information is neither accurate nor fair.

North Dakota’s connection to the pipeline began in 2014 when Energy Transfer Partners officially filed its application for corridor compatibility and route permit through our Public Service Commission. It is the job of our three-person elected PSC to handle all such matters according to state law. A 13-month review process included public input meetings which were held across the state. As a result of these meetings, the route was modified 140 times to ensure environmental safety, including a shift to follow an existing gas pipeline corridor so as not to create an entirely new pathway. The final route was legally approved and permitted by the state of North Dakota, the location for the crossing of the Missouri River was approved by the U.S. Army Corps of Engineers, and the easement was forwarded to the assistant secretary of the Army for signature.

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Army Corps Orders DAPL Protester to Leave, Then Says Won’t Enforce

The U.S. Army Corps of Engineers is cracking down on Dakota Access Pipeline opponents who have been illegally camping in federal lands since August.

In a November 25th letter to Standing Rock Sioux Chairman David Archambault, Omaha District Commander Colonel John Henderson said the area, which is home to the Oceti Sakowin camp, will be closed to public access starting on December 5th due to safety concerns stemming from oncoming winter weather and recent clashes with law enforcement officials.

Not surprisingly, the Standing Rock Sioux Tribe and other protest organizers have vowed to remain at their camp, which has been the subject of increased scrutiny following revelations that permanent structures are being built in violation of federal law.

North Dakota’s top elected officials welcomed the Army Corps’ move to evict protesters, but also questioned whether the Obama Administration would follow through and enforce the order.

“The decision by the Army Corps is a needed step to support the safety of residents, workers, protestors, and law enforcement,” said North Dakota Senator Heidi Heitkamp. “Safety must remain the top priority for everyone, and to help make that possible, it’s critical protestors peacefully and lawfully move off of the Corps land north of the Cannonball River and to the identified federal and tribal lands.”

Senator John Hoeven also backed the decision to require pipeline opponents to leave federal lands north of the Cannonball River. “In light of violent protest activity, the Corps has taken a necessary step to protect public safety. Now, the protesters should respect the law and peacefully leave the protest area,” he said in a statement. “Now, state, local, tribal and federal authorities need to coordinate their efforts to help ensure that the protesters comply and leave.”

Governor Jack Dalrymple responded to the Army Corps’ decision Saturday, saying it will be up to the federal government to enforce the eviction notice. “Our state and local law enforcement agencies continue to do all they can to keep private property and public infrastructure free from unpermitted protest activities, and it’s past time that the federal government provides the law enforcement resources needed to support public safety and to enforce their own order to vacate,” Dalrymple said in a statement.

The Army Corps said Sunday that it “has no plans for forcible removal” of protesters who remain after the December 5th deadline, suggesting that the eviction notice merely serves as hollow political rhetoric. If this is true, it would represent yet another disturbing example of Obama Administration’s complete disregard for the rule of law. It begs the question, why have rules if they aren’t enforced?

Hoeven, Cramer, Dalrymple Call on Obama to Approve Pipeline Easement, Support Law Enforcement

In a letter sent on November 23rd  to President Obama, North Dakota Senator John Hoeven, Congressman Kevin Cramer, and Governor Jack Dalrymple called on the White House to allow the Army Corps of Engineers to issue the final easement needed to complete the 1,172-mile Dakota Access Pipeline project and provide federal resources to assist with ongoing protests.

“We call on you again to direct the Army Corps of Engineers (Army Corps) to approve, without further delay, the final federal easement for the Lake Oahe crossing of the Dakota Access Pipeline. Further, in the strongest terms possible, we recommend you provide federal law enforcement resources immediately to state and local agencies in order to maintain public safety, which has been threatened by ongoing – and oftentimes violent – protest activity. These resources are essential to prevent further destruction on and surrounding federal lands.”

North Dakota’s top elected officials went on to highlight that construction of the pipeline is now over 86 percent and has undergone extensive state and federal regulatory reviews over the past two and a half years. Furthermore, they note that two federal courts have ruled in favor of letting the project proceed.

“Twice challenged and twice upheld – including by your own appointees – federal courts found that the Army Corps had followed the appropriate process, the tribe was properly consulted and the project could lawfully proceed. As a former Constitutional law professor you certainly understand there is no legal reason to withhold this easement.”

The letter comes as protesters resort to increasingly dangerous and violent tactics to harm law enforcement officers, trespass on private property, and obstruct construction of the pipeline. President Obama’s decision to “let it play out” my be politically convenient in Washington, but in North Dakota, the administration’s refusal to follow and enforce the rule of law has left entire communities on edge.

Construction Unions Call On the Governor of North Dakota to Secure Work Sites, Promote the Rule of Law

In an announcement today, the General Presidents of four unions: Laborers International Union of North America (LiUNA), the International Union of Operating Engineers (IUOE), the International Brotherhood of Teamsters (IBT), and the United Association (UA) announced that they have sent a letter to North Dakota Governor Jack Dalrymple. The letter requests that the governor use all the resources at his disposal to protect the hard-earned jobs of thousands of American men and women.

The release highlights the opportunity both supporters and opponents of the pipeline had to voice their opinions before the North Dakota Public Service Commission three times last year and calls attention to the actions of protestors that have endangered the safety of both construction workers and law enforcement.

According to the release, “Our men and women who earn a living on important and vital construction infrastructure projects such as Dakota Access have been asked to leave the job site while the local law enforcement contains the illegal protesters… While they may have a right to protest, we also have a right to do our jobs in a safe environment.”