Tag: deny easement

DAPL Easement Issued, Pipeline Work Will Soon Begin

Army Corps ignores EIS commitments, President Trump has heard no complaints about pipelines

By C.S. Hagen
CANNON BALL – The U.S. Army Corps of Engineers issued the final easement needed to complete the Dakota Access Pipeline Wednesday afternoon, sparking fierce criticism from tribal leaders and opened the doors to intensifying condemnation from Peace Garden State political leaders against the Standing Rock Sioux.

“On February 8, 2017, the U.S. Army Corps of Engineers granted an easement to Dakota Access, LLC allowing the installation of a thirty-inch diameter light crude oil pipeline under federal lands managed by the Corps at Oahe Reservoir,” Capt. Ryan Hignight reported in the Army Corps’ press release.

“The granting of this easement follows the February 7 Secretary of the Army decision to terminate the Notice of Intent to Perform an Environmental Impact Statement and notification to Congress of the Army’s intent to grant an easement to Dakota Access for the Lake Oahe crossing.”

Standing Rock Sioux Tribe Chairman Dave Archambault II was on a flight to Washington D.C. when he first heard President Trump’s remarks about hearing ‘no complaints’ from anyone regarding the continuation of the Dakota Access Pipeline, according to the Standing Rock Sioux Tribe Facebook page. He learned that the easement had been issued after he landed.

Archambault responded to Trump by cancelling the meeting saying, “Trump’s complete disregard for Native Nations and our treaty rights is disrespectful.”

Monthly, more than 12 million people are engaged in online discussions pertaining to the Dakota Access Pipeline, more than 590,000 petition signatures and environmental impact study statements have been submitted, and more than 15,000 calls have been made to the White House and the U.S. Army Corps of Engineers, according to a tribal press release.

“And Trump says nobody spoke up.”

The news didn’t come as a surprise to the Standing Rock Sioux or to the tribe’s supporters, as the Department of the Army issued an intent to issue the easement a day earlier. Legal actions are already underway.

“We sent a letter directly to Trump, have filed a legal challenge and we stand with more than 360 Native Nations and millions of Americans who have voiced their opposition to the project,” Archambault said. “The media has widely reported the President’s brazen conflict of interest to the pipeline. His complete disregard for Native Nations and our treaty rights is disrespectful.”

The U.S. Army Corps of Engineers advertised earlier this week that testimonies would be accepted pertaining to the environmental impact statement until February 20. Additional telephone calls and emails were placed to Hignight for comment, but the captain did not reply by press time.

“We have asked for a fair, balanced and lawful environmental impact statement directly to President Trump and through the courts,” Archambault said. “The Governor, North Dakota congressional delegation, and the entire world are keenly aware of the immense opposition to this project. We encourage our allies to exercise their First Amendment rights to remind President Trump where we stand on DAPL.

“Rise with Standing Rock.”

Unity within the activists gathered has come under question after the Standing Rock Sioux Tribal Council ordered campers away. Questions also have risen pertaining to how the tribe has been spending funds donated to the fight against the Dakota Access Pipeline. Some activists are determined to stay, but the long winter months have depleted the activist numbers on site to a few hundred, according to activist reports.

Former Secretary of the Interior Sally Jewell told The Washington Post that the Army Corps was “reneging” on its commitment to other federal agencies and tribal leaders.

“So the decision to not do any of that is reneging on a commitment they made [in December] and I think it’s fair to say that I’m profoundly disappointed with the Corps’ reversal of its decision to conduct an Environmental Impact Statement and consider alternative routes,” Jewell told The Washington Post. “This is a clear reversal of a commitment on the part of the U.S. Army Corps of Engineers on something they gave thoughtful consideration to when they decided to do an environmental review.”

The Army Corps further stated in its press release that it will “ensure the portion of the pipeline that crosses Lake Oahe complies with the conditions of the easement.”

Additionally, the Army Corps is also working with the Standing Rock Sioux Tribe and local law enforcement to restore the area to its pre-protest state and dealing with trash and untreated waste.

Structures at former Oceti Sakowin Camp – photo by Kirsta Anderson

“The safety of those located on Corps-managed land remains our top priority, in addition to preventing contaminants from entering the waterway,” U.S. Army Corps of Engineers, Omaha District Commander, Col. John Henderson said.

Since August 2016, Morton County Sheriff Kyle Kirchmeier has stated repeatedly that his department and other police departments who assisted during Standing Rock’s opposition to the Dakota Access Pipeline, were concerned only with the rule of law, and not whether the pipeline was built or not.

“Today’s decision from the U.S. Army Corps of Engineers is a step toward the closure necessary for pipeline construction,” Kirchmeier said. “If protestors continue to take unlawful actions in response to the Corps’ decision, law enforcement will be forced to continue to put themselves in harm’s way to enforce the rule of law. Our hope is that the new administration in Washington will now provide North Dakota law enforcement the necessary resources to bring closure to the protests. ”

A garbage pile at the former Oceti Sakowin – photo by Kirsta Anderson

Morton County Commissioner Cody Schulz fired a shot at former President Obama before condemning activists without proof for at least one crime that hasn’t been proven they committed.

“The last administration in Washington decided against granting an easement to DAPL even through the career experts at the U.S. Army Corps of Engineers recommended approval and a federal court denied a request to stop it. And they refused to give North Dakota law enforcement the much needed resources to deal with professional protestors who have assaulted police officers, bullied residents, killed livestock, and angered the Standing Rock Sioux Tribe for treating their land with disrespect.”

Schulz’s claim that activists slaughtered livestock refers to an incident late autumn when local bison and cattle were reported missing. State politicians, including Congressman Kevin Cramer, R-N.D. propagandized the incident, which was perpetuated by many, including the Chairman of the North Dakota Veterans Coordinating Council Russel Stabler

The case of missing livestock is still under investigation by the North Dakota Stockmen’s Association. No one has been charged with any crime related to missing livestock.

“Today’s decision from the Corps shows that this new administration will not politically meddle in a thorough review of a project that will have an enormous positive effect on the economy and public safety in our area,” Schulz said. “With professional protestors continuing to engage in criminal activities, we have new hope that we didn’t have before: an administration that will help law enforcement provide public safety for the citizens of Morton County instead of turning their backs on them.”

The conspiracy theory behind “paid protesters,” reported by Kirchmeier, Schulz, and other state politicians, stems from a news story published by the Fargo Forum and by Valley News Live on November 16, 2016. The story pertained to an anonymous Craigslist advertisement that offered to pay people cash to help shut down Fargo’s West Acres Mall. No actual protest was reported to have occurred. The Morton County Sheriff’s Department cited the Craigslist advertisement as a “vetted source.”

Since August 2016, the state has spent more than $25 million protecting the $3.8 billion Dakota Access, LLC’s interests in the 1,172-mile long pipeline, and Morton County has solicited assistance from nearly 1,300 officers from 25 North Dakota counties, 20 cities, and nine states. Nearly 700 arrests have been made.

As of January 25, 2017, more than 300 GoFundMe accounts raised a total of $8,061,614 for activists and the camps defending Standing Rock, according to Morton County officials. A total of 360 Native Nations from around the world have come together at Standing Rock since August 2016, a feat history has never seen before.

“Once again the federal government is putting oil industry profits ahead of the rights of Native American communities, clean water and combatting climate change,” Senator Bernie Sanders said on his Facebook page. “We must stop this pipeline, uphold our commitment to Native Americans and protect our planet for future generations.”

Bismarck Under Soft Lockdown, Army Corps Halts DAPL Construction

Hundreds march on Peace Garden State’s Capitol, no arrests, Army Corps says DAPL construction “cannot occur”

By C.S. Hagen
BISMARCK – The Peace Garden State’s capital city was partially locked down Monday as Standing Rock and approximately 500 supporters hit the city’s streets in defiance of the Dakota Access Pipeline.

Some schools closed. Roads closed. The North Dakota State Capitol Building partly closed. At least one school’s students were put into shelters, Bismarck resident Shane Balkowitsch reported, because activists marched down an adjacent street.

Balkowitsch, a wet plate photographer, watched his son’s choir concert later Monday evening sing “This Land is Your Land,” and could only feel sadness during the performance.

Activists at Capitol - photo provided by Rob Wilson Photography

Activists at Capitol – photo provided by Rob Wilson Photography

“You see, just four hours before at this same school there was a mandatory ‘shelter lockdown,’” Balkowitsch said. He received warning text messages on his cell phone about the action. “It turned out a peaceful group of DAPL protesters were walking down the street executing their First Amendment rights. The school felt this action was warranted to ‘protect the safety of the students.’”

Instead of sheltering the students, Balkowitsch said the school his child attends should have taken the opportunity for discussion.

“I was told that this ‘was not a political statement’ and I told them that is exactly what it was, and that fear-mongering should not be tolerated,” Balkowitsch said. The school had an opportunity to teach the children about the First Amendment and what it means, and that maybe someday they will want to exercise this God-given right.”

The First Amendment states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

“Doing a lockdown tells the children that there is something to fear and worry about, that what is happening is bad. It is not.”

No DAPL activists in Bismarck - photo provided by Rob Wilson Photography

No DAPL activists in Bismarck – photo provided by Rob Wilson Photography

“It was put in place to keep the large group from demonstrating in the capital,” North Dakota Highway Patrol Lt. Tom Iverson said. “The North Dakota State Capitol building was placed on ‘soft lockdown’ this morning after pipeline protesters converged on the Capitol from all directions. Approximately 500 protesters carrying signs, placards and chanting converged on the Capitol with several attempting to enter the Capitol building.”

The North Dakota State Capitol building was placed on “soft lockdown” around 11:30 a.m. Monday, with all exterior doors to the building locked and monitored by North Dakota Highway Patrol officers, Iverson said.

Activists gathered at the north and west entrances, and the south mall area of the Capitol, Iverson said. After 1 p.m. activists marched down Third Street toward the William Guy Federal Building.

“Law enforcement blocked off the roadway from traffic and lined up along the grass area next to the Federal Building. Protesters were notified that their actions of blocking the roadway were unlawful and they needed to return to their vehicles. The protesters slowly made their way back to the Capitol after approximately two hours.”

No arrests were made on Monday at the Capitol or closer to St. Anthony where approximately 50 activists marched on a Dakota Access Pipeline construction site, Iverson said.

“They proceeded onto the DAPL easement locked arm in arm, but were confronted by DAPL security personnel who gave them orders to vacate the private property.”

DAPL pipeline and drillpad at Missouri River at Lake Oahe - photo provided by Myron Dewey

DAPL pipeline and drillpad at Missouri River at Lake Oahe – photo provided by Myron Dewey

In what activists describe as good and welcome news, the U.S. Army Corps of Engineers reported Monday that it informed the Standing Rock Sioux, Energy Transfer Partners, and Dakota Access LLC that it completed its review launched on September 9.

“The Army has determined that additional discussion and analysis are warranted in light of the history of the Great Sioux Nation’s dispossessions of lands, the importance of Lake Oahe to the tribe, our government-to-government relationship, and the statute governing easements through government property,” the statement reported.

Furthermore, the Corps invited the Standing Rock Sioux Tribe to engage in discussions regarding potential conditions on a new easement for pipeline crossing that would reduce the risk of a spill or rupture, or “hasten detection and response to any possible spill, or otherwise enhance the protection of Lake Oahe and the tribe’s water supplies.

“While these discussions are ongoing, construction on or under Corps land bordering Lake Oahe cannot occur because the Army has not made a final decision on whether to grant an easement.”

Energy Transfer Partners, the parent company of Dakota Access Pipeline, said one week ago that within 14 days it would be drilling under the Missouri River at Lake Oahe. Energy Transfer Partners personnel could not be reached for comment; neither media personnel or the company’s CEO, Kelcy Warren, have returned emails or telephone calls since early August.

Buffalo behind fences - Indigenous Rising Media

Buffalo behind fences – Indigenous Rising Media

Last week, video footage taken by Indigenous Rising Media near the Dakota Access Pipeline drill pad route revealed hundreds of buffalo trapped behind fencing, and apparently without access to proper grazing areas or water, which prompted the Animal Legal Defense Fund to investigate.

“There have been threats of killing the buffalo by the construction company. The Animal Legal Defense Fund is confirming reports, collecting information, and investigating the legality of the treatment of these buffalo,” Animal Legal Defense Fund reported.

Morton County Sheriff’s Department confirmed that buffalo were fenced in near the DAPL pathway. “The owner wanted them moved to a different pasture,” Morton County Sheriff’s Department reported. “They were corralled to transport.”

Additionally, Morton County Sheriff’s Department has begun an investigation into the case of a DAPL worker who allegedly brandished a handgun and drove a Four Square Concrete truck and excavation equipment into a crowd of activists. At least one woman was injured during the incident, activists and law enforcement reported. As he drove away, the driver allegedly fired his pistol multiple times into the air, according to video footage.

“The case construction worker is under investigation. The woman was offered medical assistance bur refused treatment.”

DAPL employee brandishes handgun before driving truck through crowd - online sources

DAPL employee brandishes handgun before driving truck through crowd – online sources

Four Square Concrete LLC is a Mandan company registered in June 2013, according to the North Dakota Secretary of State, and is a “family owned and operated business,” according to the Four Square Concrete LLC website. The North Dakota Secretary of State lists Leonard Leingang as the registered agent.

Morton County Sheriff’s Department would not release the name of the DAPL worker involved, but a Facebook page entitled “Leonard Leingang is a Hero” has attracted national attention.

Facebook posts on the Leingang page denounce the man allegedly involved is a hero, among other various insults. Attempts to reach Leingang at the telephone number provided on the company’s website were unsuccessful.

dapl-drill-pad-less-than-a-quarter-of-a-mile-from-missouri-river-photo-provided-by-myron-dewey

DAPL drill pad less than a mile from Standing Rock Sioux reservation, and nearly on Missouri River’s banks – photo provided by Myron Dewey

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