Tag: executive order

Might And Money Win Again 

As pipelines leak, and Bakken soil is poisoned, North Dakota politicians snuggle closer to oil tycoons

By C.S. Hagen
FARGO
– The collusion between might and money historically has been the beginning of the end for countless empires. 

From China’s Shang Dynasty more than 3,000 years ago to the American Revolutionary War against a corrupt monarchy, when power marries money, downfall always follows.  

North Dakota government’s collusion with private corporations is “so expansive that there does not appear to be a sense in the general public where there is anything wrong with this,” Barry Nelson of the North Dakota Human Rights Coalition said. 

It was the same when ancient China’s King Zhou Xin created a pond filled with wine to float on, or when King George III raised taxes on the colonies to fill royal coffers. Both leaders, at the pinnacle of empire, decided not to listen to what was right, but to what they thought was profitable. 

No ethics committees or commissions exist within the Peace Garden State. Instead, the North Dakota Century Code leaves ethical decisions up to the individual.

“The resolution of ethical problems must rest largely in the individual conscience… to resist influences that may bias a member’s independent judgment,” North Dakota legislation reports. 

Today, the Dakota Access Pipeline is leaking, and the Bakken earth is poisoned. Politicians are welcoming slick-talking oil tycoons like conquering heroes. Despite a United Nations condemnation of state militarized tactics in March, little, if anything, has changed in the Peace Garden State. Hundreds the 761 activists arrested during the Dakota Access Pipeline controversy still await trial, adding to the approximately $38 million the state has already spent militarizing local police and quelling the disquiet outside of Standing Rock. And while litigation continues, it’s business as usual for state politicians. 

On April 19 Valley News Live “Point of View” Anchor Chris Berg posted pictures of Congressman Kevin Cramer R-ND, ceremoniously giving Energy Transfer Partners CEO Kelcy Warren the pen President Trump used to sign the DAPL executive order. Additionally, Berg thanked Warren online for traveling to the Peace Garden State, and asked Governor Doug Burgum – not for the first time – if the state would accept a fat check from the CEO of Energy Transfer Partners. 

Pictures of Rep. Kevin Cramer presenting Energy Transfer Partners CEO Kelcy Warren with pen President Trump used to sign the DAPL executive order – photo listed on POVnow Facebook page

It is a move many suggest is similar to the age of the Pinkerton National Detective Agency collusion with the federal government. Warren continues to offer to pay in full the state’s expenditures used in militarizing police and cracking down on Standing Rock and the No DAPL movement. 

So far, the offer has not been rejected by state politicians.

North Dakota will receive up to $15 million in federal funding for costs incurred during the Dakota Access Pipeline controversy, according to Governor Burgum’s office. 

“We’re committed to pursuing all avenues available to hold the federal government responsible and ensure that North Dakota taxpayers alone don’t bear the enormous costs of law enforcement and other resources expended on the protests,” Burgum said. 

Rep. Kevin Cramer and Energy Transfer Partners CEO Kelcy Warren – photo posted on POVnow Facebook page

Burgum also sent a letter to President Trump stating that the federal government is significantly responsible for costs due to the U.S. Army Corps of Engineers’ failure to enforce regulations. 

“Ethically, it has all the appearances – it has a smell to it – it seems to be undue influence of one industry, one company, on federal and state governments, and you want to believe the government is there to make sure all sides of the issue are addressed,” Nelson said.  

During the Dakota Access Pipeline controversy, the state was not looking out for all sides of the dispute, rather to assist oil industry’s agenda, Nelson said. 

“It’s one thing when it feels like collusion between a government official, in this case Kevin Cramer, and a corporate head of a private industry, in this case a pipeline company, if the general public feels all of this was perfectly justified, then what is considered right and wrong anymore? It makes you step back. The North Dakota Human Rights Coalition believes that this kind of collusion between private industry and government is wrong. Good cannot come out of this. 

“It speaks so much about power and money against the people.” 

Bakken earth is poisoned, according an April 27, 2016 study released by Duke University, funded by the National Science Foundation, and the Natural Resources Defense Council, and published in the Environmental Science & Technology magazine. The study shows that accidental wastewater spills from “unconventional oil production in North Dakota have caused widespread water and soil contamination.” 

Much of the poisons come from brine, or saltwater used in frakking, and is non-biodegradable. 

More than 9,700 wells have been drilled in the Bakken region of North Dakota in the past decade, which led to more than 3,900 brine spills, primarily from faulty pipes, the report states.

The water studied in some spill sites was unsafe to drink, the study reported.

High levels of ammonium, selenium, lead, and salts have been found in the soil; streams have been polluted by wastewater, which contain contaminants, according to the study. Soil along spill sites has also been contaminated with radium, a radioactive element.

“Many smaller spills have also occurred on tribal lands, and as far as we know, no one is monitoring them,” Avner Vengosh, a researcher and a professor of Earth and Ocean Sciences at Duke University said. “People who live on the reservations are being left to wonder how it might affect their land, water, health and way of life.”

The spills are primarily coming from pipelines in the Bakken area, he said. The spill areas have not affected reservoirs for human drinking water, but some are close. Everyone shudders when news of an oil spill breaks headlines; brine spills are far more frightening, he said.

“Nature cannot heal from inorganic brine spills,” Vengosh said. “The contaminants are going to stay. You can dilute and over time this will help, but the actual concentration will remain.”

In other words, areas where the brine spills have occurred in the Bakken region must be completely removed and disposed of. Radiation, which could spread by wild animals, is another concern that is difficult to control.

“And the more wells you drill, the more spills you have,” Vengosh said..

The narrative spun by the state has assumed that the need for militarized security was because of out-of-state environmental terrorists who chose to stake their claim here, Nelson said. “So no responsibility is placed on bad decisions made by the state legislators, that the company violated laws and did things that were illegal. None of that is laid at their doorstep. All is on the doorstep of people coming from around the country, and locally from Standing Rock. 

“It’s blaming the rape victim that they got raped.”

Additionally, the 1,100-mile-long Dakota Access Pipeline, made from “sterner stuff” according to politicians and engineers, and with Russian steel, according to DeSmog, has already leaked 84 gallons in South Dakota. A storage tank outside of Keene, North Dakota spilled 25,620 gallons when an operator overfilled the tank, according to North Dakota Department of Health. 

Both spills took investigators a month to announce the mishaps to the public.

“This spills serves as a reminder that it is not a matter of if a pipeline spills, it’s a matter of when a pipeline spills,” Dallas Goldtooth of the Indigenous Environmental Network said. “The fact that this occurred before Dakota Access even becomes operational is all the more concerning. We fear more spills will come to bear, which is an all too frequent situation with Energy Transfer Partners pipeline projects. As such, eyes of the world are watching and will keep Dakota Access and Energy Transfer Partners accountable.”

Although most of the world thinks Standing Rock’s movement is dead, remnants remain. For months, Facebook statuses reported former Dakota Access Pipeline activists, or water protectors, felt lost after the February closing of the camps outside Standing Rock. Dozens of cases have been thrown out of court, but not all. 

Some water protectors are still wandering. Others have found new causes defending water at Flint, Michigan, Dresden, Ohio, and against the Piñon Pipeline in New Mexico. Activists have also set up the Four Band Great Sioux Nation Camp on Standing Rock land.

The movement against big oil, for native rights and clean water, has spurred at least fifteen new camps to life around the country, according to Rev. Karen Van Fossan, a minister of the Unitarian Universalist Fellowship & Church of Bismarck-Mandan. 

A “Stand with Standing Rock” banner hangs outside her church, a congregation that has been in Bismarck for 65 years. During the controversy her church and church members housed at least 250 activists. The stance her church takes on the issue has created controversy in Bismarck she said, but is also a blessing in disguise. 

“Some of us who are white, and haven’t experienced racism in any kind of real way, have now had some glimpse of what that experience might be like,” Fossan said. 

“In my experience, the water protector movement has given us in North Dakota an opportunity to face some pretty harsh realities about racism in our state. I sometimes hear it said that race relations are more strained now than they have been in some time, and people of color who I know tell me actually, the racism has been there. 

“Now it is just that all of us are taking the opportunity to look at it and contend with it.” 

State support of big business has trampled indigenous rights, but has given the state a unique opportunity for change. 

“I have been increasingly concerned about the role of many governmental entities, locally and statewide, promoting the interests of business and painfully ignoring other voices,” Fossan, who is also a writer, said. 

“Even while I’m deeply disturbed by the executive order to push the pipeline through against the very clear voices of Standing Rock and many other native nations, I do see that here locally in Bismarck and Mandan, we continue to have an opportunity like we haven’t had in a long time to look at the reality of life in our communities, and the reality of racism. Not just personal visible racism that many indigenous people and people of color in our communities experience regularly, but the systems themselves are already rolling along in ways that at best ignore indigenous voices and at worst push a pipeline through, and manifest in the arrests of hundreds of people.”

Is The Pen is Mightier Than The Law?

Trump’s Administration orders Army Corps to issue long-embattled final easement for Dakota Access Pipeline, Veterans Stand may return to Standing Rock

By C.S. Hagen
CANNON BALL
–  Nearly two months after the Standing Rock’s victory against big oil, Trump’s Administration is trying to take it away. 

Senator John Hoeven, R-N.D. reported the Army Corps has been ordered to proceed with the easement needed under the Missouri River at Lake Oahe. 

“Today, the Acting Secretary of the Army Robert Speer informed us that he has directed the Army Corps of Engineers to proceed with the easement needed to complete the Dakota Access Pipeline,” Hoeven said. “This will enable the company to complete the project, which can and will be built with the necessary safety features to protect the Standing Rock Sioux Tribe and others downstream.”

No mentions were made by Hoeven of negotiations, or of a reroute, or of the current environmental impact study issued by the U.S. Army Corps of Engineers. Earlier in January, President Trump also signed executive orders reviving the Keystone Pipeline and the Dakota Access Pipeline, and to expedite studies pertaining to environmental impact. 

The decision to issue the go-ahead clashes with the environmental impact study, which could take months or years to complete. A comment period is currently underway and will continue until February 20, Standing Rock Sioux Tribe Chairman Dave Archambault II said. 

Thousands, and then hundreds of activists remained at Oceti Oyate, or All Nations Camp, outside of Cannon Ball during the freezing winter months in opposition to the pipeline. Due to cleanup efforts and impending spring floods, the main camp is emptying. 

Coals from the Oceti Oyate were carried to western high ground Wednesday morning, attorney and long-term activist Chase Iron Eyes reported. 

“This is the start of what’s called Last Child’s Camp,” Iron Eyes said. “That name was chosen to honor Crazy Horse and the only warrior society he was known to create. For many reasons, one of those reasons being the last children that are born usually have it harder and have to struggle more.

“Our conscience won’t let us back down. DAPL seeks to bring death to our children. The easement to drill under the river is set to be granted. Ready our hearts.” 

Iron Eyes called upon anyone interested and strong enough to endure the remaining cold months to join them.

Activists surround new fire at the Last Child’s Camp – video still provided by Chase Iron Eyes

Archambault has written to President Trump at least twice asking for a face-to-face meeting between leaders. All requests have not been answered, Archambault said. 

“This change in course is arbitrary and without justification,” Archambault wrote in a letter to President Trump. “The law requires that changes in agency positions be backed by new circumstances or new evidence, not simply by the President’s whim. It makes it even more difficult when one considers the close personal ties you and your associates have had with Energy Transfer Partners and Sunoco.”

President Trump and Hoeven, along with other North Dakota politicians, stand to gain financially if the pipeline is completed. 

“Trump’s most recent federal disclosure forms, filed in May, show he owned between $15,000 and $50,000 in stock in Texas-based Energy Transfer Partners,” according to Bloomberg. “That’s down from between $500,000 and $1 million a year earlier.”

Trump also owns up to $250,000 in Phillips 66, which has a one-quarter share of Dakota Access Pipeline. Owner and CEO of Energy Transfer Partners, the parent company of Dakota Access Pipeline, Kelcy Warren, contributed $3,000 to Trump’s campaign plus $100,000 to a committee supporting Trump’s candidacy, and $66,800 to the Republican National Committee. 

In 2016, Hoeven’s largest campaign contributor was the oil and gas sector with a total of $327,963, including Continental Resources, Inc. and its CEO, Harold Hamm, who collectively donated $8,200. The Hess Corp contributed a total of $20,800 to Hoeven’s 2016 campaign. ExxonMobil contributed $10,000, and Whiting Petroleum Corporation contributed $2,750. Energy Transfer Partners donated $5,000 to Hoeven’s 2016 campaign. Hoeven has invested in 68 different oil-producing wells in North Dakota listed under the 2012-company Mainstream Investors, LLC, according to the United States Senate financial disclosure form.

In a move many deem contradictory because of apparent disregard to Standing Rock’s repeated petitions, Hoeven, a long-time supporter of pipelines, was also elected chairman of the Senate Committee on Indian Affairs on January 5, according to a Senate Committee on Indian Affairs press release.

Hoeven said he was honored to serve on the committee, but added two of his top priorities were to address job creation and natural resource management issues on native lands. He has also called upon federal assistance, including the Bureau of Indian Affairs, to clear the camps outside of Cannon Ball. 

“We are also working with the Corps, the Department of Justice, the Department of Interior and the Department of Homeland Security to secure additional federal law enforcement resources to support state and local law enforcement,” Hoeven said. “On Sunday, 20 additional Bureau of Indian Affairs law enforcement officers arrived at Standing Rock to assist local authorities. Also, the Standing Rock Sioux Tribal Council has asked the protesters to leave the campsite on Corps land.

“This has been a difficult issue for all involved, particularly those who live and work in the area of the protest site, and we need to bring it to a peaceful resolution.”

Congressman Kevin Cramer, R-N.D., a long-time advocate of the 1,172-mile long Dakota Access Pipeline, said in press releases he couldn’t be happier with the way the government under President Trump is heading. 

“The meddling by the Obama Administration in trying to block this legally permitted project has encouraged civil disobedience, threatened the safety of local residents, and placed an onerous financial burden on local law enforcement – with no offer of federal reimbursement for these increasing costs,” Cramer said. “Legally permitted infrastructure projects must be allowed to proceed without threat of improper governmental interference. Finally we have a President who will stand by our efforts in Congress to bring common sense to an immigration policy in dire need of reform.” 

The Indigenous Environmental Network condemned the order given to the Army Corps. 

“We are falling into a dangerous place where the United States government makes up its own rules,” the network stated in a press release. The Indigenous Environmental Network is a nonprofit organization and supporter of Standing Rock and other environmental and indigenous issues.

“We are disgusted but not surprised by the Secretary of the Army’s decision to recommend the easement on the Dakota Access Pipeline. Instead of following proper legal procedure and completing the Environmental Impact Study, the Army has chosen to escalate an already tense situation, go against their own processes, and potentially put peoples in harm’s way.

“Trump and his climate denying cabinet are clearly doing what is best for their businesses and are willing to put profit before human rights and the environment. But make no mistake: we are prepared to mobilize and resist this brazen power grab.”

A group identified as Veterans Stand said it will continue to support Standing Rock and the fight against the Dakota Access Pipeline.

“In response to recent aggressions and the passing of legislation which clears the way for the completion of the Dakota Access Pipeline, Veterans Stand is announcing that we will continue operations in support of the people of Standing Rock, the Water Protectors who have held the front lines, and the sustainability of our precious environment.

“In the spirit of service, and in the name of a free and evolutionary sustainable America, Veterans Stand is committed to ensuring that no human or civil rights violations go unchecked, that the voices of the people are truly heard, and that we leave behind a stable and unpolluted environment for future generations.”

Rodent Poison Spread by North Dakota Rancher Not Cause for “DAPL Cough” 

President Trump signs executive orders authorizing DAPL and other US oil pipelines

By C.S. Hagen
CANNON BALL
– Around the time Standing Rock’s first camp was pitched against the Dakota Access Pipeline, a deadly poison was spread across thousands of acres in the area by a rancher intent on killing prairie dogs. 

Six eagles, a buffalo, prairie dogs, and an antelope may have died because of the poison, investigators from the United States Environmental Protection Agency and the Standing Rock Sioux Tribe report. Questions have arisen as to whether humans who traveled to the area last year, now suffering from what is known as the “DAPL cough,” also were affected. 

More than 40,000 pounds of the poison Rozol Prairie Dog Bait, an anticoagulant rodenticide, were purchased by rancher David Meyer, of Flasher, North Dakota, and a portion was spread across more than 5,408 acres of pasturelands, including the Wilder Ranch and the Cannonball Ranch, according to the United States Environmental Protection Agency. 

In early April 2016, investigators spotted the bright bluish poison spread across large areas of pastureland, according to the United States Environmental Protection Agency.

Rozol is manufactured by Liphatech Inc., and has as its most active ingredient chlorophacinone, which if ingested or inhaled causes a slow, painful by internal bleeding, according to the United States Environmental Protection Agency. The poison is also deadly to humans if consumed. 

More than 20,000 people from 350 indigenous tribes from across the world passed though the camps setup by the Standing Rock Sioux tribe against the Dakota Access Pipeline since August 2016. Some environmental watchdogs are concerned the poison was spread to people through ingestion of bison meat, as many activists complain of bloody noses, fatigue, and in some cases coughing up blood. The symptoms are referred to colloquially as the “DAPL cough,” according to a January 23 press release from Save the Buffalo Nation, the operating arm of the nonprofit environment advocate Mother Earth Trust.

Standing Rock’s first camp, the Sacred Stone Camp, began April 1, and the poison was spread approximately the same time, Standing Rock Sioux Director of Environmental Development Allyson Two Bears said. 

“But not anywhere near any of the camps,” Two Bears said. “There was some acreage that was applied on the Cannonball Ranch.” Two Bears wasn’t sure if the poison was spread across 20 parcels of the ranch land sold to Energy Transfer Partners last October, and which was also the location where private security hired by Frost Kennels illegally used dogs to attack activists. 

“It was misapplication, so there was a cleanup that was done, and it was remediated before the main camp was setup,” Two Bears said.

“There are some misconstrued facts. There was 40,000 pounds of purchased by the Meyer Ranch, but not all of it was applied.” Most of the poison was spread in areas in South Dakota, with a smaller portion on the Cannonball Ranch. 

The closest activists came to the poison was on September 3, the day of the attack dogs. Two Bears said it would be nearly impossible for any humans to have been affected by the poison. 

“You would literally have to eat it in order for it to be a lethal dose to you. I imagine you would have to eat a large quantity of it and it would probably have had to die from the poison itself.”

Many nearby ranches donated bison and other meat to the camp last year, Two Bears said. 

“By no means, there are no connections between any of the bison that were donated or provided to the camp throughout the summer. None of the animals that were involved… were exposed to any of the sites. 

“I want to squash that fear now, none of the bison that were donated to the people at the camps were from any of these ranches.”

State investigators and politicians including Congressman Kevin Cramer, R-N.D., have also pointed fingers at Standing Rock and the tribe’s supporters over the disappearance of cattle and buffalo from the area. 

“I know some of the information about cattle disappearance,” Two Bears said. “And I question the integrity of those reports. It’s all been a part of the story that they are trying to write out to paint the picture of protectors being bad people. 

“There are planes flying over daily. If this many bison were killed at the camp, it would not go unnoticed.” The case of missing cattle and bison is still under investigation by the North Dakota Stockmen’s Association.

The narrative local authorities and state politicians are trying to paint stems from recent corruption at the state’s highest ranks, Two Bears said. 

“It goes completely against North Dakota values. We have been corrupt for several years now just because of the oil development here in North Dakota and what that brings.”

Meyers faces hefty fines for the misapplication of the poison, but the case is still in litigation, Two Bears said. Meyer could not be reached for comment. 

Welcome to the Peace Garden State – DAPL front lines – photo provided by Johnny Dangers

Standing Rock’s other issues 

On Tuesday, President Trump signed three executive orders pertaining to oil pipeline infrastructure. 

“Something that has been in dispute,” Trump said before signing the Keystone Pipeline executive order. “We’re going to renegotiate some of the terms, and if they like, we’ll see if we can get that pipeline built. A lot of jobs, 28,000 jobs, great construction jobs.” 

He signed the order, and then turned to the Dakota Access Pipeline executive order. “Again, subject to terms and conditions to be negotiated by us,” Trump said. 

Attorney Chase Iron Eyes spoke on CBS News pertaining to President Trump’s executive orders. 

“It’s clear that Donald Trump is going to represent some of the corporate interests that are seeking to privatize and further stratify the economic injustice that is happening right now on the ground in the state North Dakota in the most significant struggle we feel since the Civil Rights era, since the armed Wounded Knee occupation, since the Occupy Movement. Now he’s signaling that he’s willing to take it to the next level. 

“It’s something that we on the ground anticipated, but it’s going to become a stark and harsh reality, and we are prepared for the fight because we feel that Americans need to stand up for clean water and to determine our own destiny. Standing Rock is going to become a focal point for all of these struggles.” 

Two Bears is concerned about President Trump’s projected policies pertaining to energy infrastructure and environmental issues, including a possible freeze on environmental protection grants. 

“There’s a big fight coming,” Two Bears said. “With this and the administration that’s coming in, we could very well be looking at cuts in essential programs like pesticides that work with applicators that could avoid situations like misapplications. We have to ensure programs are still there and this administration keeps these programs and regulations in order like the US EPA so we can ensure we have the health and safety of everybody. Had we not had the EPA and the pesticide program, we would not have had the route to perform an investigation and ensure that there would not be further exposure.”

Although Standing Rock won victories on December 4 when the U.S. Army Corps of Engineers halted Energy Transfer Partners’ drilling under the Missouri River at Lake Oahe and then registered its Environmental Assessment Impact study on January 18, Standing Rock Sioux Tribe Chairman Dave Archambault II issued a deadline for all activists to leave the Standing Rock area by January 30. Services, including ports potties, have been cancelled. 

“Yesterday the tribe passed a resolution brought forward by the Cannon Ball District which asked that no camps remain in the Cannonball District,” Archambault said. “For this reason, we ask the protectors to vacate the camps and head home with our most heartfelt thanks. Much work will be required to clean up before the spring thaw, which will flood the area. It is imperative we clean the camps and restore them to their original state before this flooding occurs.”

LaDonna Tamakawastewin Allard, an owner of the Sacred Stone Camp lands, refused to move. 

“The DAPL supporters betrayed by our own people,” she said in a Facebook post.

Iron Eyes, who ran for congress against Cramer last year, said people at the camps are “on edge.  

“If you can, come out here,” Iron Eyes said on Tuesday. “We need you. It’s much easier to fight the most powerful empire on earth without a war chest, than your own people with all the money in the world.” 

There are still up to 500 remaining people in the camps, Iron Eyes said. “Out there in pop media it appears the struggle is over, the tribe has asked people to leave, but hundreds of us have vowed to stay.” 

Funds raised by Standing Rock Tribe over the past six months have been spent on rebuilding the tribe’s economy, particularly with investments focused on jobs, youth, and elder programs, the Standing Rock Sioux Tribe Council reported. 

“Due to Morton County’s blocking of the bridge and the significant drop in tribal business revenues, as well as incurred expenses, we are facing a difficult time financially. While this movement benefits native rights nationwide especially regarding infrastructure projects, at this time, our Tribe has borne the brunt of the cost.” 

Although Archambault and Governor Doug Burgum have met to discuss issues, Archambault said that the state’s true agenda is clear. 

“The state claims they want to work closely with the tribe on repairing our relationship with them,” Archambault said. “Clearly that is not happening when legislation that impacts us is being drafted without consultation, consent or even basic communication.”

During the state’s legislative assembly in January, the Peace Garden State postponed House Bill 2154, or North Dakota Medical Marijuana Initiative, and introduced other bills including House Bill 1203, hoping to legalize the unintentional running down and killing of individuals obstructing vehicular traffic on public roads, House Bill 1151, which would exempt oil companies from reporting spills less than 420 gallons, House Bill 1304, which attempted to make illegal the wearing of ski masks on public roads in North Dakota, and Senate Bill 2315, an act that proposes the legalization of killing a violent intruder even if escape was possible or when trying to escape arrest after committing a violent felony.  

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