Presidential Miscues On The Dakota Access Pipeline

Right now a major energy and environmental fiasco is playing out over the completion of the Dakota Access Pipeline (DAPL). This 1172-mile pipeline, when completed, will move 470,000 barrels of oil per day from the production fields in the Bakken and Three Forks regions of North Dakota to refineries and terminals located in Patoka, Ill.

Originally, the case was a legal dispute which pitted the company building the pipeline and the Army Corps of Engineers against the Standing Rock Sioux Tribe (SRST) over the narrow, but important, legal question of whether the Army Corps and Dakota Access had complied with the provisions of the National Historic Preservation Act of 1966, which required them to consult with the tribes before a permit could be issued.

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Feds Offer No Solution In Failure To Remove Protesters and Failure To Assist Law Enforcement

Similar to the approach towards the issuance of a Lake Oahe easement, the Obama Administration has continued its do-nothing strategy with regard to its enforcement of federal law toward protesters and no assistance for local law enforcement.

According to an article in Inside Sources, because the protester encampments are on federal land, state officials cannot evict the protesters, no matter how violent they become. Now, as they wait for a final decision on the pipeline, the state of North Dakota is forced to spend millions to allow the protests to continue.

The result has been confrontations between activists and members of law enforcement attempting to protect private property. Protesters have twice attempted to assault law enforcement across a bridge on 1806 over the Backwater which has required law enforcement to use force to repel the mob.

If this is what President Obama meant when he said he would “let the situation play out,” then inauguration day can’t come soon enough.


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 firesslaughtered livestockfired at gun at law enforcement officersburned a bridge, terrorized journalists, and repeatedly trespassed on private property.


A Pipeline of Necessity

The untouched vistas of the Northern Great Plains are a national treasure and are sacred to American Indians. But more than memories of home on the range are encouraging activists to block the construction of the Dakota Access Pipeline. The resistance is part of a relentless environmentalist campaign to shut down critical upgrades of the nation’s energy infrastructure. Weighing the interests of the few against the needs of the many, there is only one clear conclusion: The pipeline must go through.

The $3.7 billion pipeline, stretching 1,134 miles from the Bakken oil fields in North Dakota southeast to Illinois, has triggered protests by members of the Standing Rock Sioux who say that the pipeline would deface ancestral artifacts and threaten vital sources of water. Sioux spines have been stiffened by the same sort of “keep it in the ground” arguments that anti-growth activists used to persuade President Obama to kill the Keystone XL pipeline two years ago. The spray-painting of anti-pipeline graffiti on the North Dakota pillar at the National World War II Memorial in Washington links radical environmentalism with angry anti-Americanism. It’s the unmistakable calling card of the destructive left.

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DAPL Parent Company Denounces Obama Admin Easement Delay

The parent companies of the Dakota Access Pipeline—Energy Transfer Partners and Sunoco Logistics Partners—sharply denounced yesterday’s announcement by the U.S. Army Corps of Engineers to delay issuing the final easement needed to cross under Lake Oahe in North Dakota. In a joint statement, the project’s backers called the move “unjust and a reinforcement of the Administration’s lack of interest in enforcing and abiding by the law.”

Energy Transfer Partners, L.P. (NYSE: ETP) and Sunoco Logistics Partners, L.P. (NYSE: SXL) denounced today’s announcement by the Army Corps of Engineers regarding Dakota Access Pipeline’s authority to cross under Lake Oahe in North Dakota as unjust and a reinforcement of the Administration’s lack of interest in enforcing and abiding by the law. Furthermore, there was no legal or factual justification stated by the Corps for the delay. In fact, the Corps admitted again today that its review had concluded that all previous decisions complied with all applicable legal requirements.

The Corps knows full well that it is seeking additional consultation with a party that has steadfastly refused to consult. Rather than holding Standing Rock Sioux Tribe accountable for its decisions over the past three years, it seeks to reward them at this late date.

“This action is motivated purely by politics at the expense of a company that has done nothing but play by the rules it was given,” said Kelcy Warren, CEO of Energy Transfer Partners. “To propose, as the Corps now does, to further delay this pipeline and to engage in what can only be described as a sham process sends a frightening message about the rule of law.”

Dakota Access is fully confident that the previous review process conducted by the Corps was extremely thorough and comprehensive. The Corps has supported and defended this process in two federal courts and has been upheld both times.

Dakota Access will vigorously pursue its legal rights in this matter.

The joint statement echoes the MAIN Coalition’s immediate response to this unprecedented, extrajudicial action.


Hoeven: Corps Should Issue the DAPL Easement and Resolve the Pipeline Situation in N.D.

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.

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Americans Have Demanded Change: Manufacturers Respond to President’s Decision on DAPL

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.

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MAIN Coalition Statement Regarding Dakota Access Easement Decision

Today, the U.S. Army Corps of Engineers announced plans to further delay the completion of the Dakota Access Pipeline. In response, MAIN Coalition spokesman Craig Stevens said the following:

“Today’s decision is yet another attempt at death by delay and is a stunning rebuke of the Army Corps of Engineers, the federal civil service, four state governments, and the rule of law.  This extrajudicial, political decision is exactly why hard-working Americans across the country rejected a third Obama term.  By its own review and admission, the Army Corps of Engineers did everything right.  Americans expect their government to play by the rules – and this is just another example of the Obama Administration using its perceived authority to drive a political agenda.

Now the Secretary of the Army’s office is requiring even more consultations: why?  The Corps consulted with 55 Native American tribes, including the Standing Rock Sioux tribe, nearly 400 times.  The Standing Rock Sioux ignored or canceled further requests for meetings from the government and the pipeline construction company.  There is no disagreement from the government or the federal court that the Corps and the company did everything right.  So rather than finalize the already approved easement, the Administration has chosen to further fan the flames of protest by more inaction.

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, or scientific reason for it not to be issued.

Additionally, we are dumbfounded and heartsick for the dozens of Army Corps and career civil service personnel who worked tirelessly for more than 800 days to ensure they fully met the letter and spirit of the law in approving the 37 miles of the pipeline route the federal government has oversight over.

With President-Elect Trump set to take office in 67 days, we are hopeful that this is not the final word on the Dakota Access Pipeline.”


Sheriff’s Say Obama Putting Lives in Danger

The National Sheriffs’ Association sharply criticized President Obama’s comments on the Dakota Access Pipeline, saying that his decision to let “things play out” puts lives at risk. In a statement, NSA Executive Director and CEO Jonathan Thompson said the following:

Law enforcement is in the middle of a powder keg in Morton County, N.D., and last night President Obama said: “We’re going to let it play out for several more weeks…”

Law enforcement officers are protecting private property and the right to protest in Morton County. There have been 415 arrests in connection with the riots. Just 8 percent of are from North Dakota, while the other 92 percent are from 43 other states stretching from Vermont to Florida to California. This includes militant agitators with long histories of violence, including domestic assault, child abuse and burglary.

Protesters have allegedly fired a weapon and thrown Molotov Cocktails at law enforcement and President Obama is “going to let it play out for several more weeks.”

Mr. President, this is not a game. As we saw in Iowa this morning, where two police officers were ambushed and murdered, law enforcement is real life and, all too often, real death.

Sheriffs, Sens. Heidi Heitkamp and John Hoeven, Rep. Kevin Cramer, Gov. Jack Dalrymple and Lt. Gov. Drew Wrigley have repeatedly called for assistance from the federal government.

Letting it play out, as the President has recommended, puts precious lives – protesters, workers, tribal members, ranchers, farmers and law enforcement – in danger. Unless the President can provide us with assistance and support, the President should be held partially responsible for the fear, terror, and damage caused by violent, militant out-of-state agitators.

Law enforcement officers are on the frontlines of this dangerous standoff and know firsthand that protests that protests have not been “peaceful and prayerful.” These brave men and women have put their lives on the line in the interest of upholding the rule of law and protecting law-abiding citizens. The President should be thanking these civil servants and hanging them out to dry.


President Obama Just Made the Dakota Access Pipeline Situation Worse

With a few words to a reporter, President Barack Obama just took the rule of law, crumpled it up, and tossed along a riverbank in North Dakota.

Here’s what he told NowThis about the recent actions by his administration and the protests over the Dakota Access Pipeline:

I think, right now the Army Corps is examining whether there are ways to reroute this pipeline. So we are going to let it play out for several more weeks and determine whether or not this can be resolved.

This was “resolved” months ago, after state and federal agencies signed off on the project.

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