Challenges to Dakota Access Pipeline are shifting into new shapes, new fronts

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President Donald J. Trump says the Dakota Access Pipeline is not even controversial. Yet the challenges to that project are taking new form. (Photo via YouTube)

 

Could there be a day, one day, without oil?

Mark Trahant / Trahant Reports

The Trump administration has been in office for less than a month — and already the construction of the Dakota Access Pipeline is again proceeding. Company officials say oil will be flowing by June.

Yes, there is a flurry of activity around the Dakota Access Pipeline, a project that has cost more than $3.8 billion to transfer oil from North Dakota to markets in Illinois and beyond.

But every action to build the pipeline is met with many more reactions to stop it. The fight about this pipeline — and the broader issues it represents — is far from over.

Of course some days it does not seem that way. The U.S. Army Corps of Engineers approved the final easement for the pipeline to cross under the Missouri River and complete the project. The Corps also withdrew its ongoing environmental review, citing President Donald J. Trump’s executive memorandum. But that begs a huge question for the courts: Can a president do that? Is an order from the president (along with previous environmental findings from the Corps) enough to satisfy the law? That question will be sorted out by the courts.

But there are many other challenges to the pipeline.

A press release from the Standing Rock Sioux Tribe said if the construction is successful “the tribe will seek to shut the pipeline operations down.” The tribe has also called for a march next month in the nation’s capital.

“Our fight is no longer at the North Dakota site itself,” said tribal chairman Dave Archambault II. “Our fight is with Congress and the Trump administration. Meet us in Washington on March 10.”

In addition there remain water protectors near the construction site itself (as well as a massive cleanup of where people were camping in flood-prone areas).

What’s clear about the “what’s next?” is that the battle against the Dakota Access Pipeline is taking a very different form. And it’s also a new start because there will be many more actions as the administration and oil-related companies move to restart the Keystone XL pipeline, or in Canada, the Kinder Morgan pipeline.

Then President Trump lives in a world where none of this is a big deal. “I don’t even think it was controversial,” he said. “I haven’t had one call.”

Then the White House wasn’t taking calls. So the Center for Investigative Reporting and its Reveal News has created a new phone number to solicit voice mails from the public about what they would tell the president. It’s 510-545-2640. This is your opportunity to sound off.

Another challenge is financial. Many individuals, tribes, cities, and companies are pulling their money from the banks who finance the Dakota Access Pipeline. But that’s really just the beginning of the actions ahead. Rebecca Adamson, founder of First Peoples Worldwide, points out to investors how much capital is lost by companies that operate without consent from the community involved. A cost she has pegged at somewhere between $20 million to $30 million a week when there are operational disruptions. “The time it takes to bring oil and gas projects on-line has doubled over the course of the past decade due to community opposition, creating significant financial loss,” Adamson writes. More investors are learning about that financial risk and even more need to understand  what’s at stake.

“The movement to stop the Dakota Access Pipeline (DAPL) is wreaking financial havoc on the companies and banks involved,” Adamson writes. “In August 2016, Energy Transfer Partners reported ‘it could lose $1.4 billion in a year if delays continue … Even a temporary delay would mean loses of over $430 million.’ ETP is attempting to raise new debt. This could mean that the banks are ramping up pressure on the company to repay their loans out of concern DAPL will never be finished. In November 2016, Energy Transfer Partners announced a merger with sister company Sunoco Logistics in order to raise much needed cash to finish construction. Energy Transfer Partners’ own shareholders are filing a lawsuit to block the merger, alleging conflicts of interest.”

Like I said: The financial challenges are just beginning.

I also have a big idea I want to toss out. One that could have significant financial implications. So we know the project will take some 30 days to complete. And about three weeks to actually transfer oil from North Dakota to the end of the pipeline. (Updated: Company officials told the U.S. District Court that oil could begin flowing in less than four weeks.)

What if on that day, the day the oil reaches markets, there is a Day Without Oil. One day. It take a massive organizational effort. But why not? What if every ally of Standing Rock, every community that has its own Standing Rock, every one who is concerned about water, takes a day off from oil? Either walk every where that day — or just stay home. Do what it takes to remind the companies, and the government itself, who’s really in charge of the economy.

Mark Trahant is the Charles R. Johnson Endowed Professor of Journalism at the University of North Dakota. He is an independent journalist and a member of The Shoshone-Bannock Tribes. On Twitter @TrahantReports

Reposting or reprinting this column? Please credit: Mark Trahant / TrahantReports.com

 

Standing Rock Tribe defied history; what happens next is anything but inevitable

 

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Amazing day at the Oceti Sakowin Camp as the U.S. Army Corps of Engineers denies an easement for the Dakota Access Pipeline. It’s a huge victory for the Water Protectors. (Photo by Dale Kakkak, News From Indian Country.)

Mark Trahant / Trahant Reports

The Standing Rock Sioux Tribe has defied history.

Nearly two years ago the Dakota Access Pipeline and the U.S. Army Corps of Engineers told the tribe about an inevitable pipeline that would cross near their reservation and within treaty lands. The tribe objected. But it was inevitable. A done deal.

And in April the Camp of the Sacred Stones was set up as a center by LaDonna Brave Bull Allard as a center for spiritual resistance. Crazy, right? A few people standing together cannot do anything against the absolute power of the state of North Dakota and the oil company billionaires who want this done. Inevitable. A done deal.

Then in August Standing Rock Sioux Tribal Chairman Dave Archambault II defied state authorities and was arrested in the pipeline’s path. He told Indian Country Today Media Network:  “The Standing Rock Sioux Tribe is doing everything it can legally, through advocacy and by speaking directly to the powers that be who could have helped us before construction began.” So what? The $3.8 billion pipeline was inevitable. A done deal.

Then in September the tribe and its allies won a battle when the Obama administration said it would review the matter. “Construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time,” said the joint statement from the Department of Justice, the Department of the Interior, and the U.S. Army. “We request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.”

But the Dakota Access Pipeline’s owners ignored that request. Why should they stop? This entire pipeline route was designed to avoid federal interference. So what if the federal government was reviewing the record. This project was inevitable. A done deal.

In fact a few days later, in an extraordinary exchange before the U.S. Court of Appeals, the company admitted that the process was incomplete.  Judge Thomas B. Griffith asked: “Why not wait until you see whether you’re going to get the easement?” asked the judge. “To a neutral outside observer, it looks like you’re forcing their hand … So it’s a gamble. You’re gambling you’re going to win.”

And why not gamble? The easement was inevitable. A done deal.

But inevitable blew up Sunday night. On the same weekend when thousands of veterans showed up to support Standing Rock, the U.S. Army Corps of Engineers said it will not grant the easement under Lake Oahe. And the corps will now require an Environmental Impact Statement.

So what now? That invincible force known as the oil industry is still out there, saying the project is inevitable.

U.S. Rep. Kevin Cramer said: “Today’s unfortunate decision sends a very chilling signal to others who want to build infrastructure in this country. Roads, bridges, transmission lines, pipelines, wind farms and water lines will be very difficult, if not impossible, to build when criminal behavior is rewarded this way.”

(Remember the company was proceeding without an easement.)

And from Washington, the president of the National Association of Manufacturers Jay Timmons said the decision “defies logic, science and sound policy-decision making, and the consequences can be measured in lost work for manufacturers and those in the manufacturing supply chain. If a project that has involved all relevant stakeholders and followed both the letter and spirit of the law at every step of this approval process can be derailed, what signal does that send to others considering building new energy infrastructure in this country? We can only hope that President-elect Trump will stand by his promises to invest aggressively in new infrastructure in America and start by overturning this misguided decision and allow the completion of the pipeline.”

There we go again. Inevitable. A done deal. If only the Standing Rock Sioux Tribe, the Cheyenne River Tribe, hundreds of other tribes, and people from across the planet would not have got in the way.

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Exactly so. (Photo by Dale Kakkak, News From Indian Country)

 

But there are three critical things to think about in that chronology and the idea of the inevitable.

First, no energy company can roll over a community that’s united. And that’s all of the communities involved, not just the people of Standing Rock. As Chairman Archambault said today in a news release, “throughout this effort I have stressed the importance of acting at all times in a peaceful and prayerful manner.” 

Second, President-elect Donald J. Trump can revisit this issue. He probably will. But it will not be easily undone. I have been writing for months that President Obama would likely take this action but it had to be done in concert with the federal agencies involved. A president’s power is not absolute. (I am really interested in the structure of the Army Corps’ decision to see just how complex it will be for a Trump administration to unwind.)

Third, and most important, this is a moment when North Dakota can tell the world what it really wants to be. The timing is ideal for a new beginning.

Is this a state where the sheer power of police, looking like military, will roll over the legitimate interests of a community? Is this how you tell the world, come to North Dakota, invest, we’re open? Or, does the state now take advantage of this unique opportunity to show what can be done in a spirit of reconciliation. This is the time for the state to get serious about an environmental impact statement, a smarter route, to work with the tribes, end prosecutions, and pardon those who are in the criminal justice system now. Even better: Take one more step and build bridges by investing in the Standing Rock neighborhood.

This whole pipeline encounter was a fiasco that was a better story for the 19th century instead of the 21st. It represented the total breakdown in communications between the tribes and the State of North Dakota. However there’s now a path toward the healing that needs to occur. And that is what should be inevitable. A done deal. #HealNorthDakota

Mark Trahant is the Charles R. Johnson Endowed Professor of Journalism at the University of North Dakota. He is an independent journalist and a member of The Shoshone-Bannock Tribes. On Twitter @TrahantReports

Reposting or reprinting this column? Please credit: Mark Trahant / TrahantReports.com

 

 

#NativeVote16 – Why politicians should make a point to visit Camp Sacred Stone

Tribal flags from nations across North America mark the boundary where construction has stopped on the North Dakota Access pipeline. (Trahant photo)
Mark Trahant / TrahantReports

The disconnect between the perception of Camp Sacred Stone and the reality of the moment starts a few miles south of Mandan, North Dakota.

A cement barricade and a handful of law police divert traffic so that people have a slightly slower route to Camp Sacred Stone. Not that it stops anyone. It’s silly. And more than anything else it displays a deep sense of ignorance.

Indeed it’s that ignorance that is systemic. There is a profound regional misunderstanding about so many things. It’s exactly why, in an election year, every politician running for office (or even those in office) ought to take a few hours drive around the barricade and take time to listen.

What will they see and hear? 

The first thing is a remarkable organization. It’s very much like any powwow weekend in America — except more so. Checkpoints (no alcohol, no drugs, no weapons) and a food operation that is extraordinarily complex managing the increasing shipment of donations to the menu of the day. Everybody is fed. People walk around camp handing out water, “make sure you stay hydrated in the heat,” was a common pitch. And the trash is about as organized as you can get: Cans for cigarette butts, recycling bins, and garbage bags. When people forget to separate their plastic – we are dealing with human beings after all – there are regular reminders and more people to help. (My favorite spot: Signal hill. Where people stand because cell phone bars are pretty good alright.)

Politicians would hear speeches, songs, and prayers, one after another. People standing, listening, laughing, nodding, and inspired. They’d also see many symbols of patriotism: From flags to recurring honors for veterans. 


But the most important lesson for any politician who drops by would be this: A clear message of resolve. There is a serious purpose for the people here, one that’s not going away without a successful resolution. There are so many avenues for that to happen: A favorable court ruling based on the Treaty or federal consultation rules, a potential legal challenge to the failure of Dakota Access Pipeline to secure easements before beginning construction, global interest and support, and, the court of public opinion. As more media arrive it’s this story of resolve and peaceful purpose that will carry the day. 

And for the North Dakota politicians who show up. A few have been here already. Congressional candidate Chase Iron Eyes posted on Facebook:  “Don’t get dragged into this racial division being pushed as a result of the DAPL happenings. We are stronger together. You can’t ignore the ignorant & hateful comments, so represent your character but fighting fire with fire too long burns a hole in the soul. Remember we are all evolving socially, there are racists in each race, and there are liberated people who see race for the superficial human construct it is. We have been living side by side for 120 years, relatives. We are neighbors, like it or not. Mutual respect must reign.”

And Marlo Hunte-Beaubrun, who’s running for the office that would regulate pipelines, spent Saturday in service. She reported handing out  “780 bags of chips for 4 hrs & was promoted to chip supervisor.” This is what politics is supposed to be about, service, and she “observed, & visited friends & family I haven’t seen in a while … had some good, much needed laughs!”

But on her way out. “As I tried to go home today the police that stopped me at the blockade & said ‘for the safety of the protesters, you have to go around!’ So this little country girl took the backroads  (and the country) was just as beautiful as it was when I was a little girl!”

The roadblock is silly. And it’s exactly why North Dakota politicians – especially the Republicans – need to spend a few hours looking at the world from a different point of view.

Mark Trahant is the Charles R. Johnson Endowed Professor of Journalism at the University of North Dakota. He is an independent journalist and a member of The Shoshone-Bannock Tribes. On Twitter @TrahantReports

Reposting or reprinting this column? Please credit: Mark Trahant / TrahantReports.com

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