We are protectors not protesters fighting N Dakota Pipeline

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Re: We are protectors not protesters fighting N Dakota Pipel

Postby Luther Blissett » Fri Mar 24, 2017 4:37 pm

We should probably shift the conversation over to one of the KeystoneXL threads, I'm not sure if there's a longer one than this:
viewtopic.php?f=8&t=32942
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Re: We are protectors not protesters fighting N Dakota Pipel

Postby Iamwhomiam » Fri Mar 24, 2017 4:48 pm

I looked into it and decided not to, my being unsure which would be the more appropriate. I pulled 30 pages of results for "Keystone XL."
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Re: We are protectors not protesters fighting N Dakota Pipel

Postby Rory » Fri Mar 24, 2017 4:53 pm

Thread proliferation sucks
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Re: We are protectors not protesters fighting N Dakota Pipel

Postby seemslikeadream » Fri Mar 24, 2017 5:00 pm

THIS REALLY SUCKS AND SO DOES TRUMPTY DUMBTY

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North Dakota oil spill 3 times larger than first estimated
4 Hours Ago
The Associated Press

North Dakota oil spill 3 times bigger than first estimated North Dakota oil spill 3 times bigger than first estimated
1 Hour Ago | 00:50
A December oil pipeline spill in western North Dakota might have been three times larger than first estimated and among the biggest in state history, a state environmental expert said Friday.

About 530,000 gallons of oil is now believed to have spilled from the Belle Fourche Pipeline that was likely ruptured by a slumping hillside about 16 miles northwest of Belfield in Billings County, Health Department environmental scientist Bill Seuss said. The earlier estimate was about 176,000 gallons.

The site of the spill is roughly 150 miles from Cannon Ball, where protesters aligned with the Standing Rock Sioux tribe camped out in opposition to the Dakota Access pipeline for months. Those camps were cleared after President Donald Trump approved the disputed project, siding against activists who fear a spill could contaminate a lake that provides drinking water and that Native Americans hold sacred.

On Friday, Trump approved another project opposed by environmentalists, TransCanada's Keystone XL pipeline.

No decision has been made on any fines against Wyoming-based True Cos., which operates the Belle Fourche pipeline, following the spill. The company says it is committed to cleaning up the spill and that the job is about 80 percent done.

"There's no timeline for completion, spokeswoman Wendy Owen said. "We will be there until it is" done.

A company's efforts to clean up after an oil spill are a large factor in how much of a fine is levied, according to Seuss.

"We tend to hold off on those. It's kind of a motivator," he said.

The largest oil pipeline spill in North Dakota was 840,000 gallons, in a wheat field near Tioga in September 2013.

In the December spill, an unknown amount of oil flowed into Ash Coulee Creek, which feeds into the Little Missouri River, a tributary of the Missouri River. Seuss said no oil made it into those rivers or into any drinking water source, but that the focus is on cleaning up the creek before spring grazing season, since cattle drink from the waterway.

There have been no confirmed cases of livestock or wildlife deaths related to the spill. One rancher reported some cattle deaths but refused to allow the state veterinarian to do a necropsy, according to Seuss. Cleanup crews also found a dead beaver, but it's not known what caused the death.

The pipeline had been leaking since being restarted Dec. 1 following routine maintenance, Seuss said. A landowner discovered the spill on Dec. 5.

There is still oil seeping out of the hillside but it's being contained. Soil remediation work could take "a year or more," Seuss said.

http://www.cnbc.com/2017/03/24/north-da ... mated.html
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Re: We are protectors not protesters fighting N Dakota Pipel

Postby Iamwhomiam » Fri Mar 24, 2017 5:51 pm

I thought I had mentioned the Belle Fourche pipeline rupture when it was first reported back in December, but maybe I didn't!

https://incidentnews.noaa.gov/map

https://incidentnews.noaa.gov/

Btw, the EPA's website has been ruined. https://www.epa.gov/
Search for "Oil Spills" and note the returns.
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Re: We are protectors not protesters fighting N Dakota Pipel

Postby seemslikeadream » Sun Apr 09, 2017 8:52 pm

Senators Allege DAPL Builder Didn’t Have Permit to Build Under Lake Oahe
New letter to Army Corps of Engineers makes bombshell accusations, asks for documentation on several legal fronts
Rob Capriccioso • April 7, 2017

Top Senate Democrats are questioning whether the builder and manager of the Dakota Access Pipeline (DAPL) had a permit to construct a controversial stretch of the project near tribal land and water sources.

In a letter dated April 3, Sens. Maria Cantwell (D-WA), the ranking member of the Senate Committee on Energy and Natural Resources, and Tom Carper (D-DE), the ranking member of the Senate Committee on Environment & Public Works, took the U.S. Army Corps of Engineers, which on February 8 granted an easement to Energy Transfer Partners to build the pipeline under Lake Oahe in North Dakota, to task on several fronts.

They argued that the Corps has provided “virtually no information to Congress regarding its oversight of the project” and that the Corps’ actions have left real questions over whether it made “efforts to make sure that Energy Transfer Partners complies with even the most fundamental environmental, safety and mitigation conditions of its easement and permits.”

In one of their most legally intriguing allegations, the senators wrote to Todd Semonite, the chief of engineers at the Corps, that the permitting process of the Lake Oahe portion of the pipeline appears suspect.

“We are concerned that Energy Transfer Partners or its subsidiaries might have been drilling under Lake Oahe without a permit and while project approval was under a court challenge given news reports and court documents showing that the pipeline is close to completion 50 days ahead of schedule,” the senators wrote.

To address that concern, Cantwell and Carper are asking the Corps to provide information on how it oversaw drilling operations “to ensure the company and its subsidiaries were meeting their legal obligations,” as well as any documentation that would show Corps’ supervision.

If something unusual happened involving the pipeline’s permitting and drilling, it could raise legal problems that need to be addressed in court, according to Senate aides familiar with the letter. The Standing Rock Sioux Tribe, the Cheyenne River Sioux Tribe and the Yankton Sioux Tribe all continue to battle Energy Transfer Partners and the U.S. government in federal court on multiple legal fronts.

The letter comes the same week that Energy Transfer Partners announced that it had begun to move oil under the Lake Oahe pipeline section as it preps to put the pipeline into service. The letter also notes that Sunoco Logistics, which is designated to operate the pipeline, has violated environmental and other legal rules in its construction and operation of pipeline projects to the tune of $22 million in government fines since 2010. Federal records indicate that the company, a subsidiary of Energy Transfer Partners, has had more hazardous material leaks than any other company, according to the letter.

Referring to President Donald Trump’s memorandum of January 24 forcing DAPL to proceed sans completion of an environmental impact statement, the senators wrote that “[e]xecutive memoranda and other actions to expedite the issuance of an easement or permits for the Dakota Access project did not exempt the project from the need to comply with federal environmental law as it pertains to tribal, environmental, and other legal responsibilities and requirements,” and the Corps was not absolved “from its responsibility to ensure the requirements of those laws are fulfilled, the safety of downstream citizens is ensured, and the federal government’s trust and treaty responsibilities are met.”

Jennifer Baker, a lawyer for the Yankton Sioux, said the letter underscores many of the concerns of the tribe surrounding DAPL and the Corps’ process involving it.

“Yankton in fact submitted a FOIA (Freedom of Information Act) request for the information the Senators are seeking through their letter,” Baker said, presumably to use such information in its litigation effort.

Jan Hasselman, a lawyer for the Standing Rock Sioux Tribe, said the letter “highlights many of the themes that we have been talking about in the case—the rushed process, the lack of oversight, the failure to really think about spills and how they would affect the tribe.”

Hasselman said the legal case will be determined based on the record that was in front of the Corps at the time it issued the permit.

The senators further asked the Corps to clarify its well-reported lack of tribal consultation on this matter.

“Given the federal government’s trust and treaty responsibilities to tribes affected by this project, we also seek information regarding how the Corps has engaged with affected tribal communities and the extent to which tribes have been appropriately consulted and informed during any permitting and construction activity,” the senators wrote. “Has the Corps made a determination that compliance with President Trump’s Executive Memoranda satisfies the federal government’s obligation to meet its trust and treaty obligations to affected tribal governments?”

They further ask whether the Corps has considered any alternative options to protect and provide access to clean drinking water if Lake Oahe is contaminated by the pipeline.

A spokesperson for Cantwell said the Corps has not responded to the letter to date.

https://indiancountrymedianetwork.com/n ... =ED3880618
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Re: We are protectors not protesters fighting N Dakota Pipel

Postby seemslikeadream » Tue Apr 25, 2017 10:58 am

Last stand: Nebraska farmers could derail Keystone XL pipeline


By Valerie Volcovici | NELIGH, NEBRASKA
When President Donald Trump handed TransCanada Pipeline Co. a permit for its Keystone XL pipeline last month, he said the company could now build the long-delayed and divisive project "with efficiency and with speed."

But Trump and the firm will have to get through Nebraska farmer Art Tanderup first, along with about 90 other landowners in the path of the pipeline.

They are mostly farmers and ranchers, making a last stand against the pipeline - the fate of which now rests with an obscure state regulatory board, the Nebraska Public Service Commission.

The group is fine-tuning an economic argument it hopes will resonate better in this politically conservative state than the environmental concerns that dominated the successful push to block Keystone under former President Barack Obama.

Backed by conservation groups, the Nebraska opponents plan to cast the project as a threat to prime farming and grazing lands - vital to Nebraska's economy - and a foreign company's attempt to seize American private property.

They contend the pipeline will provide mainly temporary jobs that will vanish once construction ends, and limited tax revenues that will decline over time.

They face a considerable challenge. Supporters of the pipeline as economic development include Republican Governor, Pete Ricketts, most of the state’s senators, its labor unions and chamber of commerce.

"It’s depressing to start again after Obama rejected the pipeline two years ago, but we need keep our coalition energized and strong," said Tanderup, who grows rye, corn and soybeans on his 160-acre property.

Now Tanderup and others are gearing up for another round of battle - on a decidedly more local stage, but with potentially international impact on energy firms and consumers.

The latest Keystone XL showdown underscores the increasingly well-organized and diverse resistance to pipelines nationwide, which now stretches well beyond the environmental movement.

Last year, North Dakota's Standing Rock Sioux, a Native American tribe, galvanized national opposition to the Energy Transfer Partners Dakota Access Pipeline. Another ETP pipeline in Louisiana has drawn protests from flood protection advocates and commercial fishermen.

The Keystone XL pipeline would cut through Tanderup's family farm, near the two-story farmhouse built in the 1920s by his wife Helen's grandfather.

The Tanderups have plastered the walls with aerial photos of three "#NoKXL" crop art installations they staged from 2014 to 2016. Faded signs around the farm still advertise the concert Willie Nelson and Neil Young played here in 2014 to raise money for the protests.

The stakes for the energy industry are high as the Keystone XL combatants focus on Nebraska, especially for Canadian producers that have struggled for decades to move more of that nation's landlocked oil reserves to market. Keystone offers a path to get heavy crude from the Canada oil sands to refiners on the U.S. Gulf Coast equipped to handle it.

TransCanada has route approval in all of the U.S. states the line will cross except Nebraska, where the company says it has been unable to negotiate easements with landowners on about 9 percent of the 300-mile crossing.

So the dispute now falls to Nebraska's five-member utility commission, an elected board with independent authority over TransCanada’s proposed route.

The commission has scheduled a public hearing in May, along with a week of testimony by pipeline supporters and opponents in August. Members face a deadline set by state law to take a vote by November.

TransCanada has said on its website that the pipeline would create "tens of thousands" of jobs and tens of millions in tax dollars for the three states it would cross - Montana, South Dakota and Nebraska.

TransCanada declined to comment in response to Reuters inquiries seeking a more precise number and description of the jobs, including the proportion of them that are temporary - for construction - versus permanent.

Trump has been more specific, saying the project would create 28,000 U.S. jobs. But a 2014 State Department study predicted just 3,900 construction jobs and 35 permanent jobs.

Asked about the discrepancy, White House spokeswoman Kelly Love did not explain where Trump came up with his 28,000 figure, but pointed out that the State Department study also estimates that the pipeline would indirectly create thousands of additional jobs.

The study indicates those jobs would be temporary, including some 16,100 at firms with contracts for goods and services during construction, and another 26,000, depending on how workers from the original jobs spend their wages.

TransCanada estimates that state taxes on the pipeline and pumping stations would total $55.6 million across the three states during the first year.

The firm will pay property taxes on the pumping stations along the route, but not the land. It would pay a different - and lower - "personal property" tax on the pipeline itself, said Brian Jorde, a partner in the Omaha-based law firm Domina Law Group, which represents the opposition.

The personal property taxes, he said, would decline over a seven-year period and eventually disappear.

TRUMP: 'I'll CALL NEBRASKA'

The Nebraska utilities commission faces tremendous political pressure from well beyond the state it regulates.

"The commissioners know it is game time, and everybody is looking," said Jane Kleeb, Nebraska's Democratic party chair and head of the conservation group Bold Alliance, which is coordinating resistance from the landowners, Native American tribes and environmental groups.

The alliance plans to target the commissioners and their electoral districts with town halls, letter-writing campaigns, and billboards.

During the televised ceremony where Trump awarded the federal permit for the pipeline, he promised to weigh in on the Nebraska debate.

"Nebraska? I'll call Nebraska," he said after TransCanada Chief Executive Russell Girling said the company faced opposition there.

Love, the White House spokeswoman, said she did not know if Trump had called Nebraska officials.

The commission members - one Democrat and four Republicans - have ties to a wide range of conflicting interests in the debate, making it difficult to predict their decision.

According to state filings, one of the commissioners, Democrat Crystal Rhoades, is a member of the Sierra Club - an environmental group opposing the pipeline.


Another, Republican Rod Johnson, has a long history of campaign donations from oil and gas firms.

The others are Republicans with ties to the farming and ranching sectors - including one member that raises cattle in an area near where the pipeline would cross.

All five members declined requests for comment.



PREPPING THE WITNESSES

TransCanada has been trying since 2008 to build the 1,100-mile line - from Hardisty, Alberta to Steele City, Nebraska, where it would connect to a network feeding the Midwest and Gulf Coast refining regions. The firm had its federal permit application rejected in 2015 by the Obama administration.

Opponents want the pipeline, if not rejected outright, to be re-routed well away from Nebraska's Sandhills region, named for its sandy soil, which overlies one of the largest freshwater aquifers in the United States.

The Ogallala aquifer supplies large-scale crop irrigation and cattle-watering operations.

“It all comes down to water,” said Terry Steskal, whose family farm lies in the pipeline's path.

Steskal dug his boot into the ground on his property, kicking up sand to demonstrate his biggest concern about the pipeline. If the pipeline leaks, oil can easily seep through the region's porous soil into the water, which lies near the surface.

TransCanada spokesman Terry Cunha said the company has a good environmental record with its existing Keystone pipeline network in Nebraska, which runs east of the proposed Keystone XL.

The company, however, has reported at least two big pipeline spills in other states since 2011, including some 400 barrels of oil spilled in South Dakota last year.

The Domina Law Group is helping the opposition by preparing the landowners, including the Tanderups and Steskals, for the August hearings, much as they would prepare witnesses for trial.

If the route is approved, Jorde said the firm plans to file legal challenges, potentially challenging TransCanada's right to use eminent domain law to seize property.

Eminent domain allows for the government to expropriate private land in the public interest. But Jorde said he thinks TransCanada would struggle to meet that threshold in Nebraska.

"Some temporary jobs and some taxes is not enough to win the public interest argument," he said.

(Additional reporting by Ethan Lou in Calgary; Editing by Richard Valdmanis and Brian Thevenot)
http://www.reuters.com/article/us-usa-t ... SKBN17L2HK
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Re: We are protectors not protesters fighting N Dakota Pipel

Postby Iamwhomiam » Tue Apr 25, 2017 7:57 pm

I hope they win. Watch Trump declare it as essential to national security and railroad through the eminent domain process, all 90 cases at once. Cuomo recently killed another proposed pipeline from entering NYS.
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Re: We are protectors not protesters fighting N Dakota Pipel

Postby cptmarginal » Sun Jun 04, 2017 3:51 pm

seemslikeadream » Mon Oct 31, 2016 10:13 am wrote:
OCTOBER 31, 2016
Security Firm Running Dakota Access Pipeline Intelligence Has Ties to U.S. Military
by STEVE HORN

TigerSwan is one of several security firms under investigation for its work guarding the Dakota Access pipeline in North Dakota while potentially without a permit. Besides this recent work on the Standing Rock Sioux protests in North Dakota, this company has offices in Iraq and Afghanistan and is run by a special forces Army veteran.

According to a summary of the investigation, TigerSwan “is in charge of Dakota Access intelligence and supervises the overall security.”

The Morton County, North Dakota, Sheriff’s Department also recently concluded that another security company, Frost Kennels, operated in the state while unlicensed to do so and could face criminal charges. The firm’s attack dogs bit protesters at a heated Labor Day weekend protest.

Law enforcement and private security at the North Dakota pipeline protests have faced criticism for maintaining a militarized presence in the area. The American Civil Liberties Union (ACLU) and National Lawyer’s Guild have filed multiple open records requests to learn more about the extent of this militarization, and over 133,000 citizens have signed a petition calling for the U.S. Department of Justice to intervene and quell the backlash.

The Federal Aviation Administration has also implemented a no-fly zone, which bars anyone but law enforcement from flying within a 4-mile radius and 3500 feet above the ground in the protest area. Dallas Goldtooth, an organizer on the scenes in North Dakota with the Indigenous Environmental Network, said on Facebook that “DAPL private security planes and choppers were flying all day” within the designated no-fly zone.

Donnell Hushka, the designated public information officer for the North Dakota Tactical Operation Center, which is tasked with overseeing the no-fly zone, did not respond to repeated queries about designated private entities allowed to fly in no-fly zone airspace.

What is TigerSwan?

TigerSwan has offices in Iraq, Afghanistan, Jordan, Saudi Arabia, India, and Latin America and has headquarters in North Carolina. In the past year, TigerSwan won two U.S. Department of State contracts worth over $7 million to operate in Afghanistan, according to USASpending.gov.

TigerSwan, however, claims on its website that the contract is worth $25 million, and said in a press release that the State Department contract called for the company to “monitor, assess, and advise current and future nation building and stability initiatives in Afghanistan.” Since 2008, TigerSwan has won about $57.7 million worth of U.S. government contracts and subcontracts for security services.

Company founder and CEO James Reese, a veteran of the elite Army Delta Force, served as the “lead advisor for Special Operations to the Director of the CIA for planning, operations and integration for the invasion of Afghanistan and Operation Enduring Freedom” in Iraq, according to his company biography. Army Delta partakes in mostly covert and high-stakes missions and is part of the U.S. Joint Special Operations Command (JSOC), the latter well known for killing Osama Bin Laden.

One of TigerSwan’s advisory board members, Charles Pittman, has direct ties to the oil and gas industry. Pittman “served as President of Amoco Egypt Oil Company, Amoco Eurasia Petroleum Company, and Regional President BP Amoco plc. (covering the Middle East, the Caspian Sea region, Egypt, and India),” according to his company biography.

“Sad, But Not Surprising”

Investigative journalist Jeremy Scahill told Democracy Now! in a 2009 interview that TigerSwan did some covert operations work with Blackwater USA, dubbed the “world’s most powerful mercenary army” in his book by the same name. Blackwater has also guarded oil pipelines in central Asia, according to Scahill’s book.

Reese advised Blackwater and took a leave of absence from TigerSwan in 2008 in the aftermath of the Nisour Square Massacre, a shooting in Iraq conducted by Blackwater officers which saw 17 Iraqi civilians killed. TigerSwan has a business relationship with Babylon Eagles Security Company, a private security firm headquartered in Iraq which also has had business ties with Blackwater.

“It is sad, but not surprising, that this firm has ties to the US interventions in Afghanistan and Iraq,” Medea Benjamin, co-founder of the women-led peace group CODEPINK and the co-founder of the human rights group Global Exchange, told DeSmog. “It is another terrifying example of how our violent interventions abroad come home to haunt us in the form of repression and violation of our civil rights.”

The North Dakota Bureau of Criminal Investigation and the Private Investigation and Security Board are also conducting parallel investigations to the one recently completed by Morton County. TigerSwan did not comment on questions posed about their contract.
http://www.counterpunch.org/2016/10/31/ ... tary-work/


Not exactly a big surprise, but I happened to see this just now:

Leaked Documents Reveal Counterterrorism Tactics Used at Standing Rock to “Defeat Pipeline Insurgencies”

Alleen Brown, Will Parrish, Alice Speri

May 27 2017, 8:04 a.m.


TigerSwan Tactics

Part 1


Leaked documents and public records reveal a troubling fusion of private security, public law enforcement, and corporate money in the fight over the Dakota Access Pipeline.

Part 3 is coming soon


Part 2 is right here: https://theintercept.com/2017/06/03/sta ... l-complex/

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Re: We are protectors not protesters fighting N Dakota Pipel

Postby seemslikeadream » Fri Nov 17, 2017 8:08 pm

Keystone pipeline spills 210,000 gallons of oil on eve of permitting decision for TransCanada

By Steven Mufson and Chris Mooney November 16 at 6:40 PM

Keystone pipeline spills 210,000 gallons of oil in South Dakota

TransCanada Corp has shut part of its Keystone pipeline after 210,000 gallons of oil leaked in South Dakota. (Reuters)
The Keystone pipeline running from Canada across the Great Plains leaked Thursday morning, spilling about 5,000 barrels of oil — or 210,000 gallons — southeast of the small town of Amherst in northeast South Dakota.

The spill comes just days before a crucial decision next Monday by the Public Service Commission in Nebraska over whether to grant a permit for a new, long-delayed sister pipeline called Keystone XL, which has been mired in controversy for several years. Both are owned by Calgary-based TransCanada.


The spill on the first Keystone pipeline is the latest in a series of leaks that critics of the new pipeline say shows that TransCanada should not receive another permit.



“TransCanada cannot be trusted,” said Jane Kleeb, head of the Nebraska Democratic Party and a longtime activist opposed to Keystone XL. “I have full confidence that the Nebraska Public Service Commission is going to side with Nebraskans, not a foreign oil company.”

TransCanada, which has a vast network of oil and natural gas pipelines, said that the latest leak occurred about 35 miles south of the Ludden pump station, which is in southeast North Dakota, and that it was “completely isolated” within 15 minutes. The company said it obtained permission from the landowner to assess the spill and plan cleanup.

Brian Walsh, an environmental scientist manager at the South Dakota Department of Environment and Natural Resources, said that the leaking pipe was in “either a grass or an agricultural field” and that TransCanada had people at the site. Walsh said the leak was detected about 5:30 a.m.

“Based on what we know now, the spill has not impacted a surface water body,” Walsh said. “It has not done that. So that’s good news.”
The first Keystone pipeline, which runs 1,136 miles from Hardisty in Alberta, carries about 500,000 barrels a day of thick bitumen from the oil sands area to pipeline, refining and storage networks in Steele City, Neb., and Patoka, Ill.

The pipeline has had smaller spills — 400 barrels each — in the same region in 2011 and 2016.

TransCanada told the Pipeline and Hazardous Materials Safety Administration that the May 7, 2011, spill at the Ludden pump station was caused by a threaded connection on small diameter piece of pipe that had been installed improperly, causing stress fatigue. There were two other small leaks at pumping stations that month.

In 2016, TransCanada told PHMSA that a third-party metallurgist it hired found a “small weld anomaly” that dripped at a slow rate for an indeterminate amount of time.

TransCanada first applied for a permit for its Keystone XL pipeline in 2008, but it has been delayed by environmental concerns. Some opponents said the pipeline would encourage the exploitation of the oil sands, whose extraction emits more greenhouse emissions than the extraction of other resources. President Obama approved the southern half of the project in 2012 but ultimately rejected the northern segment in late 2015.

After his election, President Trump issued an executive order to clear obstacles for the Keystone XL, but TransCanada still needed a permit from the independent, five-person Nebraska PSC. Concerns there have revolved around potential harm to the state’s ecologically delicate Sandhills region and its vast Ogallala aquifer, prompting TransCanada to move the Nebraska segment further east.

President Donald Trump on Friday unveiled his administration's official go-ahead for the Keystone XL pipeline, a controversial project that was rejected by his predecessor, former President Barack Obama. Rough Cut (no reporter narration). (Reuters)

TransCanada, by contrast, said the pipeline would be good for the economy and would create jobs.

Activists pounced on the news Thursday to renew their opposition to Keystone XL.

“This disastrous spill from the first Keystone Pipeline makes clear why Keystone XL should never be built,” said Jared Margolis, senior attorney with the Center for Biological Diversity. “Trump’s issuance of a permit for Keystone XL is a farce that will only lead to more pollution for people and wildlife.”

https://www.washingtonpost.com/news/ene ... 535e976b8e
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Re: We are protectors not protesters fighting N Dakota Pipel

Postby liminalOyster » Thu Mar 01, 2018 12:30 pm

Activists Block Construction of the Bayou Bridge Pipeline in Louisiana
Tuesday, February 27, 2018
By Mike Ludwig, Truthout | Report

Donaldsonville, Louisiana—Activists are pushing to block construction of the Bayou Bridge Pipeline, a 162-mile oil pipeline that would link the Dakota Access Pipeline that sparked a massive resistance movement in North Dakota to petrochemical facilities and export terminals in eastern Louisiana.

Three water protectors were arrested on Monday after refusing to leave a pipeline construction site in southern Louisiana, marking the first public arrests in the ongoing fight over Bayou Bridge.

Meanwhile, the Energy Transfer Partners (ETP) joint subsidiary behind the project sought to overturn an injunction handed down by a federal district court in Baton Rouge last week, which has temporarily blocked construction in sensitive wetlands as legal challenges proceed. Energy Transfer Partners built the Dakota Access Pipeline in North Dakota that was met with fierce nonviolent resistance from the Standing Rock Sioux and activists across the world in 2016.

About 25 protesters entered the rural pipeline construction site south of Baton Rouge on Monday, unfurling banners and halting work on the pipeline for two hours as police determined how to respond. Three protesters held a sit-in after police asked them to leave the property and were arrested on charges of trespassing, failure to disperse and resisting arrest.

The protest kicked off a week of solidarity actions planned across the country. For many activists, the Bayou Bridge Pipeline represents both an extension of the Dakota Access Pipeline and a real threat to the Atchafalaya Basin, a large and ecologically diverse area of swamps and wetlands that rural Louisianans have long depended on for fishing and other resources.

Pippin Frisbie-Calder, an New Orleans-based artist who was born in Louisiana and is inspired by the state's wetlands, told Truthout that she decided to participate in the sit-in and risk arrest because activists are running out of other options. Like other activists, Frisbie-Calder showed up to permit hearings, attended rallies, and made calls to voters and politicians asking them to oppose Bayou Bridge, but state agencies are allowing the pipeline to be built anyway.

"I decided to [sit-in and be arrested] because I am a wetland artist, and all of my work focuses on the environment here, and I thought that more people who have their livelihoods dependent on those systems should put their bodies on the line to protect them," Frisbie-Calder said in an interview.

Bayou Bridge, which would connect to a vast pipeline network stretching to oil fields in North Dakota and carry 480,000 barrels of oil a day, is also a potent symbol of the destruction wreaked by the fossil fuel industry, which dominates local economies in southern Louisiana and across the Gulf South. Louisiana in particular finds itself on the front lines of climate disruption as rising seas, intensifying storms and erosion linked to oil and gas development cause coastal land loss at a startling rate.

Like the protest movement launched by the Standing Rock Sioux against the Dakota Access Pipeline in North Dakota that garnered international media attention as activists established a massive protest camp in the face of brutal police repression, the fight against Bayou Bridge is led in part by Native activists and centers their connection to the land and bayous of Louisiana. For example, the pipeline would cross Bayou Lafourche, which supplies drinking water to the United Houma Nation.

"We have lived and thrived in the swamps of Terrebonne and Lafourche Parish for over 200 years," said activist Rae-Lynn Cazelot of the United Houma Nation, in a statement. "But now our land is disappearing out from under us and our homes and way of life are being threatened yet again."

Indigenous activists have been pointing to ETP's actions regarding the Dakota Access Pipeline as an indication of how events might play out in Louisiana.

"Companies just like ETP have come in, exploited our land, poisoned our waters and displaced our people -- making billions, then retreating to safety while we're left with the effects," Cazelot said. "So why should we believe that ETP, of all companies, would do the right thing after what they did to our brothers and sisters of the Sioux in North Dakota?"

The call to halt the project has rallied local advocates along with activists from across the country, including grassroots organizers who have constructed the L'eau Est La Vie (Water is Life) protest camp along the pipeline route, which stretches across a large portion of southern Louisiana from Lake Charles to the industrial corridor between Baton Rouge and New Orleans.

"We will not allow this pipeline to be built without a fight," said Cazelot, who organizes with other activists at the L'eau Est La Vie camp.

The Bayou Bridge Pipeline also faces mounting legal challenges. On Friday, a federal judge in Baton Rouge issued a broad injunction blocking construction of the Bayou Bridge Pipeline as the court considers a lawsuit filed by a coalition of environmental groups and local crawfishers challenging a crucial permit issued by the Army Corps of Engineers.

Oil and gas pipelines already crisscross the Atchafalaya Basin, and construction and maintenance of the pipelines creates canals and "spoil banks" that inhibit water flow and reduce water quality, according to the legal complaint. The groups argue that another major pipeline project would do further damage to fishing grounds used by crawfish harvesters and compromise natural flood protection that the wetlands provide to millions of Louisiana residents.

"If the Cajun people of Louisiana had challenged the first pipeline when it came through Louisiana, we wouldn't be facing the environmental mess that we have in coastal Louisiana and the Atchafalaya Basin," said Jody Meche, a commercial crawfisherman with the Louisiana Crawfish Producer's Association, West, in a statement on Friday.

The groups say the Bayou Bridge Pipeline also threatens ancient tupelo and cypress trees that provide migratory habitat for birds. Additionally, the plaintiffs are concerned about oil spills in the sensitive wetlands. Federal data shows that Energy Transfer Partners and its subsidiary Sunoco, Inc. were responsible for more than 300 "significant" pipeline incidents over the past decade, according to the complaint.

Bayou Bridge Pipeline LLC, the joint venture between Energy Transfer Partners and Phillips 66 Partners that is heading the pipeline's construction, asked the court on Monday to stay the injunction blocking construction of the pipeline while the company appeals. The company argued that the injunction was overly broad because it did not specify whether construction must halt along the entire pipeline route, or only in the Atchafalaya Basin area subject to the lawsuit. The company resumed construction on Monday on private land beyond the basin and was confronted by the protesters.

The company also argued that the pipeline serves "public interest" because it will create jobs and tax revenues. Protesters had a response: Yesterday, they left a note at the construction site encouraging the oil and gas industry to hire more people to fix the "leaking pipeline, rusty refineries and abandoned oil wells" that litter the Louisiana landscape instead of building new infrastructure.

http://www.truth-out.org/news/item/4368 ... -louisiana


Federal Judge Halts Bayou Bridge Pipeline Installation, But Photos Show Damage Already Inflicted


Bayou Bridge Pipeline opponents aim to build Standing Rock-like protest camp June 2017
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Re: We are protectors not protesters fighting N Dakota Pipel

Postby seemslikeadream » Fri Nov 09, 2018 8:48 am




Judge blocks Keystone XL pipeline, says government cannot ignore ‘inconvenient’ facts



‘An agency cannot simply disregard contrary or inconvenient factual determinations that it made in the past’
By Jon Porter on November 9, 2018 6:13 am


Photo by Andrew Burton/Getty Images
A federal judge from Montana has blocked construction of the controversial Keystone XL oil pipeline. US District Judge Brian Morris said that the Trump administration’s 2017 decision to move forward with the project disregarded “inconvenient factual determinations” about the 1,184-mile-long pipeline’s impact on the climate made under Obama. Construction of the $8 billion project, which was due to begin as early as next year, is now halted until the State Department completes a supplemental environmental review.


In late 2015, President Barack Obama rejected the pipeline, saying it would undercut America’s leadership in the fight against climate change. But President Trump reversed the decision shortly after being sworn in. Under Trump, the State Department argued that climate change issues should now be less of a concern given the “numerous developments” that have occurred since 2015. Morris said such analysis lacked sufficient detail and “falls short of a factually based determination, let alone a reasoned explanation, for the course reversal.”

DISREGARDING “INCONVENIENT FACTUAL DETERMINATIONS”
“An agency cannot simply disregard contrary or inconvenient factual determinations that it made in the past, any more than it can ignore inconvenient facts when it writes on a blank slate,” Morris wrote.

The ruling is a rare win for environmental groups, who have seen their cause continually thwarted by the Trump administration. As well as slashing funds for the Environmental Protection Agency, the administration also installed a leader who once questioned whether global warming was a bad thing in the first place. The administration has also rolled back much of Obama’s environmental protections surrounding vehicle emissions and clean energy, and has withdrawn from the Paris climate agreement.

https://www.theverge.com/platform/amp/2 ... tana-judge
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Re: We are protectors not protesters fighting N Dakota Pipel

Postby seemslikeadream » Sat Oct 12, 2019 10:03 pm

Greta Thunberg Heads to Standing Rock to Support Indigenous Activists
Image
Greta Thunberg, 16, sits next to Tokata Iron Eyes, 16, during the panel Sunday at the Pine Ridge Reservation in South Dakota.

Photo: Courtesy of Lakota People’s Law Project
For indigenous environmental activist Tokata Iron Eyes, climate solutions are all about indigenous rights and culture. When Iron Eyes met Swedish teen activist Greta Thunberg a couple of weeks ago and realized Thunberg felt the same way, she invited Thunberg to her ancestral homelands. The two 16-year-olds forged a friendship—not much different, I imagine, from the girlfriends I made when I was a young woman.

For these teens, however, the stakes are much higher.

Thunberg arrived in the U.S. in August and has since toured the country and Canada. On Sunday, she joined Iron Eyes on a panel on the climate crisis hosted by the Lakota People’s Law Project at the Pine Ridge Reservation in South Dakota where Iron Eyes lives. Thunberg will be speaking on another panel Tuesday at Standing Rock in North Dakota, the site of a seminal 2016 protest over the Dakota Access Pipeline.

Welcoming a blue-eyed European to lands that many Native Americans in the region consider sacred is no little thing. These lands were pillaged and destroyed by people who looked like Thunberg, and there’s a long history of continued racism perpetrated on tribes by white Americans. Few white folks are received with such love and gratitude as what Thunberg has seen.

Her invitation to these lands sends a clear message to her critics: She’s one of us. Some people on the left have criticized both the media for giving Thunberg so much attention and Thunberg herself for taking up space that some believe should go to young activists of color that have been doing this work for years.

Frontline communities like Standing Rock and youth from these communities like Iron Eyes have seen what climate change looks like, so they’ve been sounding the alarm on climate change long before climate strikes were a thing. The fossil fuel extraction that drives the crisis happens on their lands. The pollution as a result of that extraction ends up in their waterways. And all the while, these tribal nations have little to no say on whether such projects should continue or even be built in the first place. For many, it’s not just an infringement to their basic human rights, but also a legal violation of treaty rights established with the U.S. government.

Iron Eyes knows firsthand what that’s like; she was born in the Standing Rock Reservation and lived there at the time of the mass protests against the Dakota Access Pipeline. Youth played a central role in the fight against the 1,172-mile crude oil pipeline, making interstate runs to deliver petitions and producing a video campaign called Rezpect Our Water to raise awareness of the pipeline. And raise awareness they did: Standing Rock exploded into a textbook example of what climate mobilization can look like when frontline communities lead.

Iron Eyes was speaking out about environmental injustices long before Standing Rock, telling the crowd at Pine Ridge on Sunday that she spoke out about uranium mining at age 9.

For communities who face environmental threat on the regular, their history runs deep. Thunberg, on the other hand, only began speaking out about climate change a year ago when she began her Fridays for Future school strikes outside the Swedish parliament. She’s still relatively new to the world of climate activism, and she’s faced some criticism over it. I get the criticism, but I find it, quite frankly, unfair. And Iron Eyes ain’t down with it, either.

“I think that it’s not a problem of who’s in the spotlight,” Iron Eyes told Earther. “I think it’s a problem of the U.S. media, especially, wanting to only cover a white narrative. It’s not somebody’s personal fault for being valued more in a system that values only them.”

Truth! First of all, Thunberg is a child. And homegirl is out here doing more than plenty of adults in the climate space. She’s a kid willing to say whatever she wants to whomever she wants (such as calling out the elite at the World Economic Forum for their role in the climate crisis in January 2019). Thunberg can get away with such bold statements, in part, because she’s this seemingly innocent-looking, blue-eyed white girl. But the teen has been clear about using her privilege to provide support and allyship to her fellow youth of color who are not media darlings.

In regards to the landmark international climate complaint she and 15 other young people launched last month, Thunberg has been clear that it’s not about her but about all of them. During the press conference, she kept urging the press to ask other youth questions. At a march and rally against the Keystone XL Pipeline in Rapid City, South Dakota, on Monday, Thunberg urged leaders to listen to indigenous voices, according to Rapid City Journal.

During the Sunday panel, Iron Eyes didn’t shy away from addressing some of the criticism Thunberg has received from others in the movement.

“We have to realize that we’re all on the same team, and we’re all fighting for the same thing, so no matter who is in the spotlight, no matter who is getting the most camera time, we have to be able to come together as one under the same set of values and be able to speak to each other on this level of human being and talking about the same things and how we can make real change together without any forms of jealousy,” she said during the conversation.

And jealousy can come quite easily when you’re a teenager, so it says a lot that this is coming from a 16-year-old. It also says a lot about the moment we’re in that Thunberg is at Standing Rock. We each have our own unique contributions to bring to the table when it comes to addressing the climate crisis. Indigenous people have so much knowledge and wisdom to offer. Thunberg speaks with an urgency that the world needs—and a privilege that many of her peers don’t have.
https://earther.gizmodo.com/greta-thunb ... 1838873376
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Re: We are protectors not protesters fighting N Dakota Pipel

Postby seemslikeadream » Tue Oct 22, 2019 7:41 am

Oil pipeline fuels fears in Native American reservations
Dakota access pipeline set to pass a short distance from Standing Rock reservation

Stephen Starr in Standing Rock Reservation
The Dakota access pipeline passes close to the northern boundary of the Standing Rock reservation and under the Missouri river, in the background. Photograph: Stephen Starr
It’s been three years since thousands of protesters, environmentalists and more than 95 Native American nations gathered in a field-turned-campsite on the fringes of Standing Rock reservation, attempting to stop the Dakota access pipeline from being built a short distance from the reservation’s land.

Their efforts mostly proved in vain. Since June 2017, the pipeline – known as DAPL – has been carrying about 570,000 barrels of crude oil from the Bakken Formation in northwest North Dakota to Illinois every day.

And although Standing Rock’s remote expanses across North and South Dakota have since turned quiet, local residents find themselves facing a new dilemma. Not only is the pipeline now set firmly underground, its parent company, Energy Transfer Partners (ETP), in June announced plans to double DAPL’s capacity.

Currently the pipeline carries crude oil on a route running within a mile of Standing Rock and under the nearby Missouri river, an important water source for communities and businesses across the reservation. The proposed increase would result in the equivalent of more than 70 Olympic-sized swimming pools of oil pass through the pipeline every day.

Possibility of major leak

Tribal leaders fear the heightened capacity could further increase the possibility of a major oil leak or spill, with the pipeline section buried deep under the Missouri river of particular concern.

“That’s greatly increasing the risk, and the harm from a potential release,” says Elliott Ward, the Standing Rock Sioux Tribe’s emergency manager. “They [the operating company] say they have [leak] detectors, but we know their spill detection track record is grossly inefficient. If there’s a spill that’s less than one per cent, it won’t detect it at all. That’s still 6,000 gallons [a day] that could be leaking that their sensors won’t detect.”

A judge in North Dakota has granted the tribe a request to intervene in the increased capacity plan, and it will take part in a public hearing scheduled for November 13th.

This follows a long and keenly contested series of disputes involving multiple sides in recent years. In 2016, the tribe sued the US army corps of engineers, which regulates activities pertaining to waterways across the country, for allegedly failing to meaningfully respond to its initial concerns relating to the construction of the pipeline.

In December 2016, at the height of the protest movement, the corps denied ETP an easement – the right to use or cross land belonging to another entity – and called for alternative pipeline routes to be explored and assessed through an environmental impact statement.

Within days of taking office, however, President Donald Trump, who received $103,000 (€93,000) from ETP’s billionaire chief executive during his 2016 presidential campaign, issued an executive memo calling on the corps to speed up its assessment.

Soon after, the corps withdrew the impact statement proposal, and on February 7th, 2017, approved the easement to allow the pipeline pass under the Missouri river.

Cody Two Bears, an environmentalist who lives in Cannon Ball, the town closest to the pipeline, says if a leak or breakage near or under the river were to occur, it could be weeks or longer before anyone except the operators find out. Towns such as Cannon Ball and Fort Yates, a 25-minute drive downstream, use Missouri river water for everyday use. “If something goes bad with the pipeline, we will be the worst affected,” he says.

In 2016, the tribe opened a new water treatment plant 113km downstream of where the pipeline crosses the Missouri. Were oil to enter the river from the pipeline, it would take between nine and 13 hours to flow downstream and reach the treatment plant, according to Reuters.

A report assessing the impact of an oil leak released by the tribe in February 2018 warned: “The corps of engineers and DAPL’s current estimates of a worst-case oil release into the Missouri river and underlying aquifer are based upon unrealistic assumptions, and the environmental impacts of an oil spill may be far greater than disclosed in the final environmental assessment.”

Emails to ETP seeking comment on the pipeline’s leakage detection technology and other queries went unanswered.

Though many energy companies claim that transporting oil through pipelines is safer than via rail, pipeline spills and leaks are far from uncommon. In July, a leak on a pipeline operated by Polar Midstream LLC saw 21,000 gallons of the toxic wastewater brine used in fracking processes spill into a tributary of the Missouri river several hundred miles upriver of Standing Rock.

Spillages

ETP, too, has had a chequered recent history with accidental spillages. Last September, a leak from a pipeline run by a subsidiary, Sunoco, in Pennsylvania led to a fire that destroyed a house. The company has also faced the wrath of officials in Ohio and West Virginia for causing environmental damage and water pollution on several occasions during the construction phase of a natural gas pipeline.

“Data collected from the US Pipeline and Hazardous Materials Safety Administration shows that the ETP family of hazardous liquids pipelines experienced 527 incidents from 2002 to the end of 2017,” found an April 2018 report from Greenpeace, “spilling ~87,000 barrels, and causing an estimated $115 million [€104 million] in property damage.”

Back at Standing Rock, the field that became a temporary home and symbol of defiance for 15,000 activists and demonstrators in 2016 is today just an empty, wind-blown pasture. A sign attached to a fence ringing the field warns against trespassing by order of the US government. The prairies of this vast reservation may be quiet now, but for the people of Standing Rock the battle looks set to go on.
https://www.irishtimes.com/news/world/u ... -1.4057101
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Re: We are protectors not protesters fighting N Dakota Pipel

Postby seemslikeadream » Tue Oct 29, 2019 6:00 am

South Dakota won't enforce pipeline protest law Native American groups said stifled right to assemble
In a win for the ACLU, South Dakota under Gov. Kristi Noem agreed Thursday to not enforce its controversial “Riot Boosting Act," which faced harsh criticisms.

Oct. 24, 2019, 12:49 PM CDT / Updated Oct. 24, 2019, 2:14 PM CDT
In a win for the American Civil Liberties Union, South Dakota agreed Thursday to not enforce its “Riot Boosting Act,” decried by indigenous and environmental activists as a measure to stifle First Amendment rights and inhibit pipeline protests.

The bill, SB 189, signed into law by Gov. Kristi Noem in March, was part of a larger pipeline package. The law allowed South Dakota to sue any individual or organization for “riot boosting” or encouraging a protest where acts of violence occur. Under SB 189, individuals could have been criminally or civilly liable even if they “do not personally participate in any riot but directs, advises, encourages or solicits other persons participating in the riot.”

The package of bills, passed in preparation for the construction of the Keystone XL Pipeline, was meant to provide a legislative solution to “ensure the safety and efficiency of pipeline construction in South Dakota,” Noem said at the time.

But the package of bills faced swift and harsh criticisms in the state, particularly from Native American groups who felt the law targeted them. Indigenous activists have been the driving force behind the opposition to the Keystone XL, which is set to start construction soon.

Legal experts also feared the vague clause about “encouraging” or “soliciting” others to participate in a protest could be indiscriminately applied. It wasn't clear if that meant that sending an invitation to people to join a protest or writing a letter to the editor of a newspaper in support of protesters would fall under the law's purview.

A coalition of indigenous and environmental groups teamed up with the ACLU to sue the state over SB 189 and two mirroring criminal statutes, saying it violated the First and the 14th amendments.

In September, a federal court temporarily blocked the enforcement of the law through a preliminary injunction.

“Imagine that if these riot boosting statutes were applied to the protests that took place in Birmingham, Alabama, what might be the result?” U.S. District Judge Lawrence L. Piersol of South Dakota wrote, sharing concerns about how the law could be broadly exercised.

Now, the ACLU, its plaintiffs, and the state have come to an agreement that nullifies the law, pending court approval.

“South Dakota knew these laws couldn’t stand up to our legal challenge, so rather than face embarrassment they decided to capitulate,” Dallas Goldtooth, a plaintiff in the case affiliated with the Indigenous Environmental Network, said in a statement. “We will celebrate this win, but remain vigilant against further government attempts to outlaw our right to peacefully assemble.”

Vera Eidelman, staff attorney at the ACLU, said the settlement is not only a win for first amendment rights in South Dakota, but also for the country.

“There is a legislative trend around the country of legislatures passing bills that either seek to or, in fact, will chill dissent,” Eidelman said, referencing the more than 20 statehouse bills in the past two years that First Amendment advocates say criminalize protest and discourage political participation. “We hope this serves as a lesson to those legislatures.”

Noem said Thursday that if the agreement is approved by the court, her office will "begin work to update crimes that have been on the books since South Dakota became a state."

"It’s important to note that it is still illegal to riot in South Dakota," Noem said in a statement. "No one has the right to incite violence."
https://www.nbcnews.com/news/us-news/so ... n-n1071361
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