Energy Transfer Partners sues dozens of organization and individuals involved against the Dakota Access Pipeline
By C.S. Hagen
BISMARCK – Using incendiary language, big oil struck back at activists and NoDAPL organizations Tuesday, demanding a jury trial. Defendants included in the long list are called racketeers, parasites, rogue eco-terrorists, and criminals, and Energy Transfer Partners alleges they conspired to defame the oil rich company.
Filed in the United States District Court for the District of North Dakota, the lawsuit lists Greenpeace International, Greenpeace Inc., 350.org, the Bold Alliance, Rainforest Action Network, Earthjustice, the Sierra Club, BankTrack, Earth First!, and other organization and individuals as defendants.
On behalf of Energy Transfer Partners, Fargo’s Vogel Law Firm and New York City’s Kasowitz Benson Torres LLP, alleged that the defendants processed millions of dollars and fraudulently induced donations. The lawsuit also specified that the defendants issued “sensational lies, and intentionally incited physical violence, property destruction, and other criminal conduct.”
The lawsuit was filed approximately three months after the North Dakota Private Investigation and Security Board filed a civil lawsuit against TigerSwan, LLC, the security “fusion leader” for Energy Transfer Partners. The lawsuit stated TigerSwan and its founder, James Patrick Reese, and other security companies involved, worked illegally in North Dakota.
Energy Transfer Partners also faces allegations of misconduct while constructing the pipeline filed by the North Dakota Public Service Commission. An initial meeting to discuss the issues was scheduled last week in Bismarck, but was postponed until October.
Earlier in August, the Dakota Resource Council, a non-partisan watchdog group, also compiled a report stating that the oil boom in the Bakken is endangering people’s health, and that the state lacks meaningful standards for detecting and repairing leaks.
“Each day, oil and gas activities across the state spring leaks that spew toxic pollution into the air, like an invisible spill,” the report stated. “The smog that pollution causes to form is endangering the health of communities across North Dakota.”
While Standing Rock attorneys claim activists were peaceful, and that infiltrators were at least in part the ones behind the violence along the pipeline, Energy Transfer Partners is fingering activists and the organizations, claiming a pattern of criminal activity was supported through tax-free charitable organizations.
The lawsuit also stated that the Standing Rock Sioux Tribe was tricked into protesting the pipeline on lies trumped up by Earthjustice, one of the largest nonprofit environmental law organizations in the United States. The lawsuit highlighted a July 26, 2016 press release issued by Earthjustice, which stated the pipeline would be a threat to the surrounding communities and the Standing Rock Sioux reservation.
“The reason the tribe had not previously alleged the objections trumpeted by the press release accompanying the new lawsuit was simple,” the lawsuit stated. “The claims were false. They were asserted at the eleventh hour by Earthjustice to the press with the express purpose of attaching itself, like a parasite, to the tribe’s cause, and using it to incite an international outcry designed to serve the agenda of the enterprise.
“The enterprise [Earthjustice] exploited the impoverished tribe’s cause for its own end.”
The lawsuit further alleged that $500,000 of “seed money” was given to the Red Warrior Camp, who are “violent eco-terrorists.”
Additionally, the Red Warrior Camp also “engaged in illegal drug trade by using donation money to buy drugs out of state and sell them at the camps at enormous profits,” the lawsuit stated.
Furthermore, Energy Transfer Partners said in the lawsuit that activists, who were a mob, intentionally incited and engaged in criminal and civil trespass, rioting, assaults, and attacks on police and “innocent workers, chasing police and construction staff with vehicles, horses, and dogs.”
“The complaint asserts that the attacks were calculated and thoroughly irresponsible, causing enormous harm to people and property along the pipeline’s route,” a press release from Energy Transfer Partners stated. “Dakota Access was a legally permitted project that underwent nearly three years of rigorous environmental review and for this reason, Energy Transfer believes it has an obligation to its shareholders, partners, stakeholders, and all those negatively impacted by the violence and destruction intentionally incited by the defendants to file this lawsuit.”
Many of the companies named in the lawsuit have deep pockets. In 2015, Earthjustice had a revenue of $45 million, Greenpeace Inc. an income amount of $36,893,837, the Sierra Club exceeded an annual income of more than $121 million, 350.org a revenue of $11.2 million, and the Rainforest Action Network more than $7 million, according to Charity Navigator.
Greenpeace USA General Counsel Tom Wetterer said the lawsuit carries all the shackles of a SLAPP lawsuit.
“This is the second consecutive year Donald Trump’s go-to attorneys at the Kasowitz law firm have filed a meritless lawsuit against Greenpeace,” Wetterer said. “They are apparently trying to market themselves as corporate mercenaries willing to abuse the legal system to silence legitimate advocacy work. This complaint repackages spurious allegations and legal claims made against Greenpeace by the Kasowitz firm on behalf of Resolute Forest Products in a lawsuit filed in May 2016. It is yet another classic ‘Strategic Lawsuit Against Public Participation’ (SLAPP), not designed to seek justice, but to silence free speech through expensive, time-consuming litigation. This has now become a pattern of harassment by corporate bullies, with Trump’s attorneys leading the way.”
Whether the lawsuit could be considered a SLAPP lawsuit was not clear yet. SLAPP, or a strategic lawsuit against public participation, is a lawsuit intended to censor, silence, or intimidate critics with the burden of high legal costs to force abandonment of criticism or opposition.
Delaware, the state in which Energy Transfer Partners is registered, has weak anti-SLAPP laws, which were enacted in 1992, according to the Public Participation Project. North Dakota does not have any anti-SLAPP legislation, and Texas, where Energy Transfer Partners is headquartered, has formidable anti-SLAPP laws enacted in 2011.
Lawyers with the Water Protectors Legal Collective, a legal team defending NoDAPL activists, said in June that federal agents and private security were responsible for much of the violence, and pointed to more than 114 cases out of the total 854, which have already been thrown out of court.
“As we’re learning that there was some kind of infiltration by either the FBI or TigerSwan, or both, we think it should become an issue in the cases that the state should have to prove that some of those people who were engaging in that kind of activity were law enforcement or infiltrators,” Water Protectors Legal Collective attorney Andrea Carter said in June.
“The No-DAPL water protectors withstood extreme violence from militarized police at Standing Rock and now the state admits that it cannot substantiate the alleged justification for that violence,” Water Protector Legal Collective attorney Jacob Reisberg said in a press release in June.
Water Protector Legal Collective attorneys and Earthjustice were contacted for comment. An attorney for the Water Protector Legal Collective said the law firm needed a day or two in order to fully read the lawsuit and issue a response.
North Dakota Private Investigation and Security Board cites TigerSwan for illegal activity, FOIA requests pending without response from ND governor’s office
By C.S. Hagen BISMARCK – Former DAPL security employee turned whistleblower, Kourtni Dockter, is in hiding. Threats from “concerned citizens” have been made against her; a black truck with no license plates is surveilling her parents’ house.
“They have threatened me, claiming that I’m a junkie drug addict and they want to come beat my ass,” Dockter said. “When we get evidence of that, that could be considered tampering with a federal witness.”
Despite her checkered past and brushes with the law, she is not reneging her stance, and is prepared to testify in court to what she calls illegal actions of TigerSwan and other security companies involved in protecting the Dakota Access Pipeline.
Kourtni Dockter – Facebook page
Speaking out against the tactics used on the Standing Rock Sioux Tribe and supporting activists — known as water protectors — was not a decision Dockter made overnight. The more than 20,000 activists and supporters of the anti-DAPL movement at the camps were called terrorists by state politicians, and ideological jihadists with a “strong religious component” by TigerSwan leadership.
“They talked about jihad all the time,” Dockter said. “Every day I heard it, from the security workers to the DAPL actual employees. They told everyone to be armed. Basically, TigerSwan was trying to portray this as, ‘You guys need to fear for your lives.’”
The terms were indoctrinated into security personnel meetings, disseminated to mainstream media disguised deliberately as news, when at least part of the violence along the pipeline in 2016 and early 2017 was amplified and created by the security companies, most importantly TigerSwan, according to leaked and requested documents first published by The Intercept.
TigerSwan, a private security company with a long history in Afghanistan, also stated on February 27, 2017 that since the NoDAPL movement followed jihadist insurgency models, expect a “post-insurgency model after its collapse.”
Exposing the agenda behind the 1,172-mile-long, $3.8 billion pipeline financed by Energy Transfer Partners and 17 financial institutions such as Bank of America, Wells Fargo, BNP Paribas of France, was an idea she and former boyfriend, Kyle Thompson, had been planning for months, she said.
“This has nothing to do with me being an angry girlfriend,” Dockter, 22, said. “I know that my criminal record and history will be brought up, but I am willing to stand tall. I am expecting everything. I’m about to be put into the line of fire, but I know, in my heart, it is the right thing to do.”
Posing for a picture at a barricade – that was not set on fire by activists, according to activists – online srouces
The months John Porter, listed as TigerSwan’s chief security officer for Energy Transfer Partners, were by far, the most violent, Dockter said.
“There was a huge change,” Dockter said about when TigerSwan was actively present. “It went from military-style operations basically back to simple security work.”
Harsh winter weather, President Donald Trump’s executive order allowing the Dakota Access Pipeline to get back on track, and the successful siege tactics used against Standing Rock camps, killed much of the activist spirit, former security worker at Oceti Sakowin, Mike Fasig, said.
“We were pretty well boxed in,” Fasig said. “Things calmed down because we never could get past anything. There were five-ton military trucks and barricades that boxed us in. There wasn’t really anything we could do.”
“It was insane,” Dockter said. “This was their constitutional right, and they’re getting their lives threatened. They tried to justify the reasons they would have to use deadly force, and there were no instances of water protectors committing violent acts on police.
Some of the acts reported by law enforcement were committed by security company infiltrators disguised as activists, Dockter said. The charge is one long discussed at the Standing Rock camps, but one for which there was little proof until Dockter came forward with information. “They did send their infiltrators in to disguise themselves, and they did light equipment on fire. John Porter headed all those operations.”
Her family supports her, she said. Her father, especially, is undaunted. She described herself as a diehard liberal, who was against the pipeline to begin with, but after meeting Thompson at a local McDonalds, it was love at first sight.
“He opened up to me the first night,” Dockter said. The two met on Facebook, and she believes Thompson originally wanted to meet her for information as she had friends involved in the Standing Rock camps. “We hit it off. We told each other everything that first night. And after, we never left each other’s side.”
Thompson was nicknamed the “DAPL Apple” — as he is part Native American, and was “red on the outside, white on the inside,” Dockter said. A veteran, and recipient of a Purple Heart, Thompson suffers from what she believes is PTSD after two tours in Afghanistan and one tour in Iraq. Thompson slowly pulled her into working for North Dakota-based EH Investigations and Security, LLC. Initially, he wanted to become involved with security work because he wanted to protect everyone involved, Dockter said.
“At first I was very hesitant, but the pay was good,” Dockter said. “I’m not some DAPL infiltrator here. I feel like I sold out for a guy that I loved. I put him above everything and threw away my beliefs.”
Attempts were made to contact Thompson, but he refused to comment.
Text from EH Investigations to Kourtni Dockter – provided by Kourtni Dockter
In January, Dockter began working for EH Investigations, which was subcontracted by Leighton Security Services as the Texas-based company was not authorized to work in North Dakota. She was paid $18 an hour, sometimes working 36-hour shifts, she said. She became aware of daily closed meetings known as “The Talk,” where TigerSwan personnel, led by Porter, directed and coordinated security measures and infiltration tactics, reinforcing the notion that the activists were terrorist-like jihadists.
“They acted above law enforcement for sure,” Dockter said. “They directed law enforcement, and that is where they talked about classified stuff. Sometimes I would sit outside the door and there are a couple things I overheard.
Dockter also described TigerSwan media cells using high-tech software to discover locations and intelligence in private social media pages, Dockter said. TigerSwan documents also show that security personnel relied heavily on social media postings for information.
Eventually, Dockter was fired after EH Investigations personnel discovered her past with drugs and forgery.
“Because of my criminal record they could not have me out there,” she said. “I was already out there for about a month before they found out.” She is unfazed by those who say she is not a credible witness. “It doesn’t bother me, because what I am saying will be backed up with evidence.”
Months before Thompson’s arrest on domestic abuse and drug paraphernalia charges in April, the young couple was planning on quitting drugs and blowing the whistle on TigerSwan, she said. The activities she saw, the plans she heard while with Thompson or working in security, has been eating at her conscience.
The initial stages of building the barricade at Backwater Bridge – photo by C.S. Hagen
TigerSwan’s claws sunk deep The morning after law enforcement cleared the “Treaty Camp” on October 27, 2016, hundreds of activists defending Native American treaty rights, water rights, and land rights, lined up north of three smoldering vehicles. Fifty yards away, construction trucks set the first cement blocks in a line, forming the second barricade on Highway 1806.
Weeks earlier and under emergency orders issued by former Governor Jack Dalrymple, the North Dakota National Guard manned the first barricade, more of a checkpoint for passing cars.
Tensions brewed at the frontline that day. Police or security personnel taunted activists through a megaphone, teasing them about being cowards behind masks. At their line sat military Humvees, a tan armored vehicle equipped with a sound cannon. Activists brandished plywood shields, and refused to budge. Most activists shouted peaceful messages; one man hurled insults at the police.
After police issued a final warning, law enforcement from five states decked out in sheriff deputy uniforms, riot gear, and armed with mace, pepper spray, rubber bullets, zip ties and clubs, some with live ammunition, formed a Roman-style phalanx and marched down the highway toward Backwater Bridge. Activists smudged each other with burning sweetgrass and sage. One woman sat amidst the crowd praying, crying so hard her shoulders shook. Two women hugged each other tightly as the marching police neared.
The day was saved by one man with snowy-white hair, smoking a pipe, and wearing a jogging suit, Miles Allard, an elder from Standing Rock. After negotiations, both sides backed down, but the near-altercation was a sign of bigger events to come.
Standing Rock elder Miles Davis approaching the police line – photo by C.S. Hagen
TigerSwan, straight from the war-torn fields in Afghanistan, was in town. One of the first things the mercenary-for-hire company did was gather all the security companies and put them under a “unified command structure,” according to a September 7, 2016 TigerSwan overview report.
TigerSwan operatives called security workers from Silverton International unprofessional and unarmed. Other security companies involved included: Thompson-Gray LLC, Knightsbridge Risk Management,10 Code Security, established in Bismarck in 2010, and RGT Security, LLC, registered in Plano, Texas in 2016, Iowa’s Per Mar Security Services, SRC, Inc. in New York, and veteran-owned OnPoint Security Group LLC, from Iowa.
Not surprisingly, TigerSwan took the “fusion lead.” Now, the mercenary-for-hire company and its founder, James Patrick Reese, face a civil action lawsuit filed by the North Dakota Private Investigation and Security Board on June 12, 2017.
The phalanx of law enforcement coming for activists on Backwater Bridge – photo by C.S. Hagen
“The Board has taken an administrative complaint which it has brought against EH and its principal, and that is pending,” Monte Rogneby, attorney for Vogel Law Firm and the North Dakota Private Investigation and Security Board, said.
“The board is in the process of a civil action against TigerSwan, and that I believe is out for service. The board does have civil authority to initiate either administrative actions or civil actions under the Century Code.”
A security company providing illegal security services in North Dakota is a Class B misdemeanor, Rogneby said. Class B misdemeanors can carry a potential sentence of up to one year in jail and $2,000 in fines, according to the North Dakota Century Code. The board’s investigation is ongoing.
TigerSwan Inc., with offices in Iraq, Afghanistan, Jordan, Saudi Arabia, India, Latin America, and headquartered in North Carolina, has won more than 13 contracts with the U.S. Department of State, the U.S. Department of Defense, the Department of Homeland Security since 2014 worth more than $9 million, according to USASpending.gov.
The North Dakota Private Investigation and Security Board is a governor-appointed committee that licenses and regulates private security industries, according to its website.
EH Investigations civil complaint According to the civil complaint filed by the North Dakota Private Investigation and Security Board, Jeremie Meisel is listed as the responsible license holder for EH Investigations and Security, LLC, a licensed security agency in North Dakota. In August, 2016, Meisel and EH Investigations were contacted by Leighton Security Services, Inc. to assist with security along the Dakota Access Pipeline.
“Leighton is not licensed or registered to provide private security within the State of North Dakota,” the civil complaint stated. “Meisel and EH Investigations conspired with Leighton to assist Leighton in hiring and deploying within the State of North Dakota unlicensed or unregistered individuals to provide private investigative services in violation of North Dakota law.”
In the fall of 2016, Meisel relinquished his responsibility to Leighton in violation of North Dakota law, according to the civil complaint. The civil complaint further mentioned some of EH Investigations employees: Richard Anderson, Jason Wentz, Chris Anderson, Eizabeth Marlow, Merry Jenson, and Kimberly Stuart. None were registered in North Dakota to provide security services at the times of their hiring.
The North Dakota Private Investigation and Security Board further requested a hearing to revoke the license and registration of Meisel and EH Investigations, or take lawful disciplinary action against them.
Calls were made and messages were left to EH Investigations personnel for comment, but no replies were made at press time.
Screenshot of the civil action lawsuit against TigerSwan
TigerSwan civil action The civil action lawsuit against TigerSwan revealed the mercenary-for-hire company had a methodical and blatant disregard for North Dakota laws.
Energy Transfer Partners hired TigerSwan in September 2016, the civil action lawsuit reported.
TigerSwan’s mission: conduct static and mobile security operations in support of the pipeline construction throughout North Dakota. The mercenary-for-hire company provided around-the-clock protection for DAPL, enlisting an “all elements are engaged to provide security support to DAPL” methodology as its execution model, according to TigerSwan organizational paperwork.
Protect the DAPL contractors, protect DAPL machinery, protect DAPL material, protect DAPL reputation, was TigerSwan’s rallying cry, according to TigerSwan operational reports.
On or before September 23, 2016, the North Dakota Private Investigation and Security Board notified TigerSwan with a letter that it was illegally providing security services in North Dakota.
TigerSwan’s response: “TigerSwan is not conducting ‘private security services’ in North Dakota.”
On October 5, 2016, North Dakota Private Investigation and Security Board sent TigerSwan the guidelines for licensure in the state, and on November 16, 2016, TigerSwan submitted its application on behalf of Reese, but its application was denied one month later.
TigerSwan was denied a license because it failed to provide positive criminal history for one or more qualifying offenses, it did not disclose adjudications of guilt, and it failed to provide sufficient information to the Board “to determine whether a reported offense or adjudication has a direct bearing on Reese’s fitness to serve the public.”
After an attempted review, TigerSwan’s license application was rejected again on January 10, 2017, because the company failed to respond to the North Dakota Private Investigation and Security Board’s request for the company’s activities in North Dakota prior to its application for licensure.
TigerSwan’s mercenaries, armed with semiautomatic rifles and sidearms, continued security services before, during, and after its license application was rejected, according to the lawsuit. The company also utilized international anti-terrorist strategies and tactics against NoDAPL activists.
“TigerSwan provides ‘safety and security’ services, utilizing claimed trademarked methodologies (F3EAR and NIFE) to identify and mitigate risks through the corporate operating environment,” the civil action lawsuit states. “These services include providing in-depth analyses of cyber, workforce, facility, electronic, and environmental security threats.”
F3EAR® – Find, Fix, Finalize, Exploit, Analyze, and Recur – former DELTA FORCE leaders who execute cyber and on-site infiltrations to identify weak spots in digital networks, employee bases, operations, and structural security.
NIFE® — Department of Defense compliant, military-grade data and human intelligence that analyzes networks, individuals, facilities, electronics, and the environment to manage risks associated with information security.
Daily, TigerSwan coordinated and provided intelligence to Energy Transfer Partners and “others related to the ongoing protests over the Dakota Access Pipeline construction project,” which would include the representatives of more than 1,300 law enforcement officers from five different states who participated in the controversy.
Intelligence came in the forms of flyover photography, summaries of arrests, activist activity, numbers, alleged criminal actions, and equipment. TigerSwan also provided projections of activist activity including the surveillance of social media accounts, according to the lawsuit.
“TigerSwan provided private security services to Energy Transfer Partners concerning the pipeline, and coordinated with other security providers and local law enforcement in carrying out these activities,” the civil action lawsuit reported.
TigerSwan maintained the Joint Operations Command Center to coordinate security and intelligence gathering, and organized a Quick Reaction Force to respond to activist activities. It was also the main force behind suspected cybercrime acts on behalf of Energy Transfer Partners upon the hacking group “Anonymous” and other threats against Energy Transfer Partners and the company’s executives.
TigerSwan operatives took keen interest in Native Americans from Standing Rock, Red Warrior Tribal security, Pine Ridge Sioux, the American Indian Movement, and others from Polynesia and Palestine.
“The presence of additional Palestinians in the camp, and the movement’s involvement with Islamic individuals is a dynamic that requires further examination,” a September 21, 2016 situational report stated. “Currently there is no information to suggest terrorist type tactics or operations; however, with the current limitation on information flow out of the camp, it cannot be ruled out.”
Approximately 761 people were arrested by law enforcement from August 2016 until February 2017, and more than $38 million was spent by the state defending Energy Transfer Partner’s Dakota Access Pipeline, which already has sprung two leaks.
Last week, U.S. District Judge James Boasberg ruled that the U.S. Army Corps of Engineers “mostly complied” with environmental law when approving the pipeline, but failed to consider some matters important to the Standing Rock Sioux Tribe. The Dakota Access Pipeline began shipping oil on June 1.
On June 7, a Freedom of Information Act request was made to the Governor’s Office of the State of North Dakota pertaining to TigerSwan activities in North Dakota, and a second request was made on June 20. The Governor’s office responded early this week.
Through emails between Morton County Sheriff’s Department Public Information Officer Rob Keller and Office of the Governor Communications Director Mike Nowatzki, the governor’s office was knowledgeable of TigerSwan’s activity.
“I wanted to give you a heads up on this Energy Transfer and TigerSwan meeting with Kyle [Kirchmeier],” Keller wrote to Nowatzki on January 16. “I don’t know the intent and the PIOs will not be there.”
“If it is a closed session, it’s fine,…” Nowatzki wrote back. “Our JIC PIO and Unified Command meet from 0830 to 1000 (CT) every Tuesday so that battle rhythm should be protected with our state team.”
Hundreds initially charged during the Dakota Access Pipeline controversy, dozens, so far, found not guilty or cases dropped
By C.S. Hagen
MANDAN – Standing Rock Sioux Chairman Dave Archambault II and Councilman Dana Yellow Fat were found not guilty Wednesday in a jury trial on charges of disorderly conduct.
Dave Archambault at police line August 2016
The charges stemmed from an August 12, 2016 incident near the Cannonball Ranch, where Archambault was filmed pushing his way through a police line, and Yellow Fat grabbed a police officer’s arm. The video was definitive proof of guilt to many critics, but not to Bismarck attorney Erica Shively, of Elsberry & Shively, P.C., who defended Archambault and Yellow Fat.
“I also knew that police officers got in the way of my two clients headed down a public road that they had every right to travel down unrestricted by law enforcement,” Shively said.
Mclean County State’s Attorney Ladd Erickson prosecuted the case for Morton County. The jury spent 10 minutes in deliberation before unanimously announcing a not guilty verdict, according to Shively.
Yellow Fat was unsure of the outcome when he entered the courtroom, he said.
“Anytime you leave a major decision in the hands of others, no matter how confident you are, there is always that agonizing little voice saying, ‘I hope they get it right,’” Yellow Fat said.
“I really believe that justice is being served in many of the cases,” Yellow Fat said. “You can’t trample over people’s First Amendment rights to assemble and free speech without negative ramifications. Even if those ramifications are in the court of public opinion. The world watched as this unfolded, and now the world continues to watch it unfold in the court system.
“These small victories in the court system are a definite positive for our constitutional rights.”
“The State has charged out many cases for which there is no where near adequate evidence to convict folks who were simply exercising their First Amendment rights,” Shively said. “I believe that the state is relying on its belief that the media has sufficiently tainted both the juries and judges in these matters to a point where they will get convictions on bad cases. Thankfully, we are seeing that both the judges and juries, while many may disagree with the position of protesters, they are not letting that affect their duty to deliver justice.”
“It’s really good to hear that Morton County justices are administering the law in this saga,” Chase Iron Eyes, an attorney who also faces felony charges incurred during the Dakota Access controversy, said. “Archambault as well as Councilman Dana Yellow Fat led the early stages of the No DAPL resistance. I fully support the adequate and zealous defense of over 800 people criminally charged in this historic battle.”
Iron Eyes, who ran for Congress in North Dakota last year, said the verdict gives him encouragement. No trial date has been set for his case yet.
A total of 761 people were charged with crimes during the ten-month controversy, according to Morton County Sheriff’s Department. The movement drew more than 20,000 people from across the world to Standing Rock, and ran the state a bill in excess of $38 million, bringing in police from five different states, the National Sheriff’s Association, the mercenary outfit TigerSwan, and criticism from the United Nations.
Dozens of activists’ cases stemming from the Dakota Access Pipeline controversy have been dismissed, with only a few being found guilty. On May 25, three felony and misdemeanor charges related to piloting a drone against Aaron Sean Turgeon, also known as ‘Prolific the Rapper,’ were dismissed after Surrogate Judge Allan L. Schmalenberger, a former North Dakota Supreme Court Justice, reviewed the case. Shively also defended Turgeon, she said.
“Of course I knew I was not guilty, but proving it in court is an entirely different thing, and that’s what we did,” Turgeon said in a video outside of the Morton County Courthouse. He said friends and activists surrounded him when police attempted to confiscated his drone. Without their support, he would not have had the video evidence he needed to prove his innocence.
“A lot of times what you’re being shown by police officers is not true, and I knew it, but it’s not about knowing it, it’s about proving it.”
“The police officers were clearly coached by the State’s Attorney to fabricate evidence contrary to the facts by falsifying affidavits on their reports in support of their preliminary hearings,” cooperating attorney Danny Sheehan said.
Aaron Sean Turgeon ‘Prolific the Rapper’ (right) – Facebook page
“Aside from the fact that we had a very thorough and fair judge in this case which made a huge difference, a lot of the basis for the success in the case today was the support of the water protectors and our client Sean’s video evidence that exposed the falsehoods in the state’s case,” cooperating attorney Doug Parr from Oklahoma City said. “One of my concerns is that the charges in this case appear to have been fabricated to justify the no-fly zone that was imposed in late October of last year.”
Ten cases were dismissed by the Morton County State’s Attorney office on May 9, and two other cases were also dismissed on March 30, according to the Water Protector Legal Collective.
“Oil may be flowing under Lake Oahe, but the arc of the moral universe still bends toward justice,” The Water Protector Legal Collective stated in a press release. “Water protectors are winning the fight against the head of the “black snake” in the courts, and this Movement has inspired so many to continue this fight elsewhere. These are still sacred times.”
On May 18, the United States District Court dismissed a lawsuit filed by Dakota Access, LLC against Archambault, Yellowfat, and other activists. The pipeline company filed a SLAPP (Strategic Lawsuit Against Public Participation) lawsuit, after activists blocked the pipeline’s path in 2016. Dakota Access, LLP claimed it incurred damages of up to $75,000, but Judge Daniel Hovland found that DAPL could not prove its case, thus, the federal court had no jurisdiction.
While Standing Rock activists’ cases are being dismissed, the $3.8 billion Dakota Access Pipeline has already sprung two leaks, according to the Williston Herald, theAssociated Press, and media outlet Business Insider.
Dana Yellow Fat – Facebook page
On March 3, 84 gallons spilled from a leak where two sections of the pipeline connect in Watford City, and then two days later a smaller leak of 20 gallons occurred in Mercer County, according to Business Insider.
Yellow Fat is relieved to have the experience behind him, he said.
“After 10 months, having my trial continued several times, and feeling the stress of deciding to testify or not, it’s a good feeling to put this behind us. My family has been totally supportive, and I appreciate everything they have done in spite of me having to face these charges.
“To the hundreds still awaiting their day in court, stay positive, keep the faith, stay in prayer. Have faith in the system.”
By C.S. Hagen
CANNONBALL – Documents leaked to media outlet The Intercept showed private security firm TigerSwan worked closely with law enforcement from five different states, and used military-style counterterrorism measures against the movement opposed to the Dakota Access Pipeline.
Eviction Day at the camps outside of Standing Rock – photo by C.S. Hagen
Activists were identified, then tracked by name through sightings, Tweets, and Facebook posts. Protest sites were allocated numbers, and detailed accounts of day-by-day actions were monitored and reported to Energy Transfer Partners, the parent company of Dakota Access, LLC. Police officers in areas along the pipeline route who were unwilling to make arrests were dealt with, according to documents, and TigerSwan mercenaries daily planned operations with local police.
The result led to a massive misinformation campaign, the arrests of 761 activists, journalists, and Native Americans, and more than $38 million the state spent during the emergency state declared by former Governor Jack Dalrymple. In addition, at least three activists who joined the movement against the Dakota Access Pipeline, have been targeted by the FBI’s Joint Terrorism Task Force.
TigerSwan communications described the movement as “an ideologically driven insurgency with a strong religious component,” comparing anti-pipeline activists to jihadist fighters, and stating the agency expected a “post-insurgency model after its collapse,” according to the documents.
A September 13, 2016 situation report filed to Energy Transfer Partner Chief Security Officer John Porter by TigerSwan said the Dakota Access Pipeline was 99.98 percent on private land, for which all permissions had been obtained.
In November 2016, however, Republican Public Service Commissioner Julie Fedorchak stated in an interview that the pipeline is solely on U.S. Army Corps of Engineers’ lands and does not have even one case of eminent domain usage against a private individual.
“All the easements were obtained voluntarily and only go through Corps land,” Fedorchak said.
TigerSwan’s agenda toward correcting and “guiding” the media was also evident as it continuously stressed its agents would be responsible for contacting the press with corrections to their outlined agenda.
TigerSwan Inc., with offices in Iraq, Afghanistan, Jordan, Saudi Arabia, India, Latin America, and headquartered in North Carolina, has won more than 13 contracts with the U.S. Department of State, the U.S. Department of Defense, the Department of Homeland Security since 2014 worth more than $9 million, according to USASpending.gov. TigerSwan was founded by Delta Force veteran Jim Reese. The retired lieutenant colonel first worked for the State Department with counter-terrorism operations in Afghanistan, and was also a former vice president of Blackwater Worldwide, “the world’s most powerful mercenary army,” according to a book written by Jeremy Scahill entitled “Blackwater The Rise of the World’s Most Powerful Mercenary Army.”
The North Dakota Bureau of Criminal Investigation looked into private security firms involved with the Energy Transfer Partners near Standing Rock Sioux Reservation last year, and whether the multiple companies involved were authorized to work in the state. The investigation has not led to any charges filed.
The North Dakota Secretary of State holds one record for TigerSwan, LLC, established in Fargo on November 7, 2016, seven months after the controversy began.
While North Dakota militarized its police and the state legislature attempted to criminalize many forms of protest last session, the fact that a private security firm retained by a tight-lipped, multi-billion dollar corporation has “profoundly anti-democratic implications,” according to The Intercept.
The front line – photo by C.S. Hagen
While the controversy neared its end, an invisible enemy was reported extensively by activists present at the Standing Rock camps. Cellular phones were suddenly drained of power and rendered useless, hard drives were wiped clean. Electronic bugs were discovered inside the nearby Prairie Knights Casino, owned by the Standing Rock Sioux Tribe. The attacks were considered “psychologically-driven” by nonprofit Geeks Without Bounds, who helped activists fight what it called “cyber warfare.”
“While we were working in the NoDAPL camps, we knew that these tactics were being used,” Dallas Goldtooth of the Indigenous Environmental Network said. “Our devices would stop working for periods of time, hard drives would be cleared of information and footage, and from time to time camp security would identify infiltrators inside the camp who were working for Energy Transfer Partners.”
In addition to the cyber warfare, at least one private security person attempted to infiltrate the camps, and one individual armed with a fake gun wrapped in duct tape was sighted.
Brennon Nastacio and Kyle Thompson on October 27, 2016 – online sources
Kyle Thompson, of Bismarck, was disarmed by activists then turned over to the Bureau of Indian Affairs. Thompson was later handed over to Morton County, and then released, called a victim. No charges were filed at that time, but Thompson was later arrested in an unrelated case on drug and weapons charges in April 2017 by Bismarck Police.
“Now we have the evidence. This proof also tells us more about the militarization of the police and the violence they imposed on water protectors. By comparing indigenous peoples to civilians and jihadist fighters, police and security were essentially given permission to carry out war-like tactics on water protectors.”
The activists who disarmed Thompson of an AR-15 as he was headed toward the main camp, Oceti Sakowin, face felony charges.
Thompson worked for Thompson-Gray LLC, listed under Silverton Consulting International by the Ohio Secretary of State, according to paperwork discovered inside his truck. The company was not authorized to work in North Dakota, and was owned by Charles Graham Clifton, a man who has at least three civil lawsuits filed against him.
TigerSwan has ingratiated itself with the National Sheriffs’ Association by becoming a silver partner, according to the National Sheriffs’ Association website. The National Sheriffs’ Association was involved heavily during the Dakota Access Pipeline controversy and wrote a letter the US Attorney General Loretta Lynch, demonizing unarmed activists and the federal government’s lack of response in what it called a deluge of arson, vandals, rioting, and intimidation.
North Dakota is the second-biggest oil producing state in the United States, and has within its borders an oil patch among the ten largest in the world. Historically, the state been lackadaisical about instituting stricter regulations. A spirit of leniency toward oil companies has been fostered in North Dakota, analysts say. Criticism over lowering fines for oil and saltwater spills and property tax hikes to support big oil’s return have mounted. In January 2016 the North Dakota Industrial Commission, Oil and Gas Division agreed to scrutinize the issues, but behind closed doors.
Law enforcement behind their own barricade – photo by C.S. Hagen
Some of the state’s top politicians are chairmen or members of regulating agencies governing big oil and Native American interests. Additionally, big oil supports the political campaigns of Senator John Hoeven, Senator Heidi Heitkamp, and Rep. Kevin Cramer, making their voices, according to some, tainted.
The cozy relationship between TigerSwan, law enforcement agencies, the National Sheriff’s Association, and the Peace Garden State’s politicians with the oil and gas industry suggests a partnership that threatens free speech, human rights, and the very basis of democracy.
“The usage of counterterrorism tactics upon our NoDAPL movement is not only extremely disturbing, but feeds into a historical narrative of oppression that indigenous peoples and people of color have dealt with for generations,” Tom Goldtooth, also of he Indigenous Environmental Network stated. “Many of our brothers and sisters incarcerated across the country for their activism are political prisoners as a result of such disruptive tactics used by companies like TigerSwan.”
No county or state charges filed against DAPL mercenary, paper trail leads to private military security companies, prairie fire threatens Standing Rock’s main camp, and inmates locked in dog cages
By C.S. Hagen
BISMARCK – The man who dressed as a “water protector” and reportedly drove his white Chevy toward Standing Rock’s main camp, armed with a semi-automatic Colt AR15, is a mercenary for Dakota Access Pipeline.
Kyle Thompson from Facebook page
Kyle Thompson, of Bismarck, also known as “War Eagle” after a native naming ceremony ten years ago, according to a 2007 story published in the Bismarck Tribune, was arrested by the Bureau of Indian Affairs Thursday, October 27. He was an “armed agitator” who fired shots with his assault rifle, according to the Standing Rock Sioux Tribe Facebook page.
Thompson worked security for a company called Thompson-Gray LLC, according to paperwork found in his truck. The company’s legal trail, long and twisted, leads to private military contractors named Pathfinder Security Services/Consultant and AMGI Global Ltd. Co.
The Paper Trail
Insurance papers and an employee identification badge found in Thompson’s truck linked him to Dakota Access Pipeline, according to Dallas Goldtooth, campaign organizer for the Indigenous Environmental Network. The truck was licensed to Thompson-Gray LLC doing business as Knightsbridge Risk Management, of Springfield, Ohio, according to the insurance papers. The description of operations listed at the bottom of the paperwork is to protect to Dakota Access LLC, its parent and affiliates, its officers, directors, employees, and agents.
Thompson-Gray LLC is an active company established October 27, 2015 in Cincinnati, Ohio, under Silverton Consulting International according to the Ohio Secretary of State. The company has no paperwork on file with the North Dakota Secretary of State. In Ohio, however, Thompson-Gray LLC’s business scope includes security consulting and management services for “any legal service.” The company is considered by some to be an emerging leader providing solutions to the Department of Defense.
Charles Graham Clifton is listed as the owner of Silverton Consulting International. The company is ten months old, and has an identical business scope as Thompson-Gray LLC, according to the Ohio Secretary of State. One online review of the company was that it is “very shady,” and “does not pay its employees on time.”
Knightsbridge Risk Management is a private security firm also owned by Clifton and headquartered in Dallas that primarily serves the oil and gas industry. Its registration with the Texas Department of Public Safety has expired, but it is listed as a guard, guard dog, investigation, and security consultant company. Knightsbridge Risk Management is also registered in Colorado, where it is in good standing and established by Barbara Colliton of Ohio.
Knightsbridge Risk Management is active in western North Dakota, according to 2015 media reports. Another inactive company Clifton is linked to along with Grady Emmons is Precision Risk Management Group, LLC, according to the Florida Secretary of State, however; Emmons is listed as the registered agent for Precision Risk Management Group out of Saginaw, Michigan established in 2006, according to the Michigan Secretary of State. Knightsbridge Risk Management’s Texas company license expired on June 30, 2016, according to the Texas Department of Public Safety, and it lists Clifton and Colliton as owners.
Clifton is also the owner of AMGI Global, Ltd. Co., according to the Texas Department of Public Safety, and Pathfinder Security Services LLC operates under its name. Pathfinder Security Services was dissolved in 2010 in Wyoming, and its parent company, Pathfinder Tactical Inc., was dissolved for failure to pay taxes in 2011, according to the Wyoming Secretary of State. Clifton is reported as the qualifying agent for both AMGI Global and Pathfinder Security Consulting, a company that specializes in oil and gas security, is a private military contractor reportedly active in the United Arab Emirates.
“For whatever reason, he has always used multiple companies and multiple names,” Emmons said of Clifton. “Whenever he gets a new direction, he forms a new company.”
Clifton also charged to train his employees as owner and manager of Castle Peaks Training Center – license also expired – according to Texas Department of Public Security. Clifton is further listed as the director of the Humanitarian Defense Inc., a non-profit security organization.
Emmons and Clifton have worked together in the past, Emmons said, in fact, they used to be friends. “We had a falling out about this Dakota Access debacle,” Emmons said. Emmons is the owner of Precision Risk Management Group, LLC, a security company that also provides investigative solutions. “He reached out to me when this contract came into his hands.”
They fought over tactics; Clifton’s tactics were far too heavy handed, he said.
“I could just see the writing on the wall, and once I saw the dogs and the way he was handling some things, it was one of the best decisions I made in my life.”
The security companies involved during the day of the attack dogs, and the recent DAPL security procedures on law enforcement’s flanks last week were illegal, Emmons said.
“It was an idiotic move, and way outside of standard practice.”
As private security employees they are allowed to defend themselves, establish a perimeter, ask and then direct people to leave an area. “But when it comes down to a violent encounter, you don’t have the right to get violent with them if you’re not defending yourself. The point of where you’re kidnapping people and things like that, you become the aggressor. That’s the job for the police; it’s their decision. On the security side, you’re becoming the aggressor, and generally speaking that is illegal.”
Emmons said he would have used a different approach to the Dakota Access Pipeline controversy.
“I certainly wouldn’t have used dogs, and wouldn’t have had employees out there with assault rifles and handguns. This isn’t 1955 anymore. Guns and dogs don’t have anything to do with a protest. There’s no place for dogs, and certainly untrained dogs.” He showed videos to friends pertaining to the day of the attack dogs, and noticed the dogs were not trained well.
“I’ve dealt with protests in my career, and trying to handle people like this with more and more levels of force, it’s just going to lead to more situations like this. These people have very strong beliefs, right, wrong, or indifferent,” Emmons said. “You can’t think you can hit them with hammer, or use a scare tactic and then think things will go your way.”
He has heard that G4S is active in western North Dakota. “If it’s true, it’s probably one of their umbrella companies.”
Activists on top of burned out DAPL machinery, fires still burning in gas tank – photo by C.S. Hagen
A long paper trail jumping state to state, a crooked path of registered agents, leads to the security company G4S Secure Solutions (USA) Inc., registered in Florida with Corporation Service Company listed as its registered agent list. Corporation Service Company is a worldwide leader for business, legal, and financial services, according to its website.
An employee search in the Texas Department of Public Safety shows workers jump from G4S or G4S Secure Solutions formerly known as The Wackenhut Corporation to companies such as Knightsbridge Risk Management frequently. Knightsbridge Risk Management security officers Joshua Paul Franke-Hyland and Robert Alvarado both worked for G4S in 2013 and 2009 respectively.
Standing Rock camp attorney Angela Bibens said she also has heard of G4S involvement in western North Dakota. G4S denied any of their employees are working along the DAPL line, according to the company’s communication director Monica Garcia, and technically, she may not be wrong. However, there are shadows that link the security companies involved in the Dakota Access Pipeline and G4S.
Activists on front lines facing off with law enforcement from four states – photo by C.S. Hagen
G4S, a U.K.-based security company, goes by many nicknames such as the “Chaos Company” in an April 2014 article for Vanity Fair, and as “spy for hire” in Tim Shorrock’s 2009 book Spies for Hire. Historically, G4S is hired by companies and governments to enter dangerous situations such as Nigeria, Israel, Colombia, Iraq, Afghanistan, and now, in western North Dakota, although in an extremely twisted and complicated route.
G4S has registered companies registered in North Dakota, according to the North Dakota Secretary of State:
G4S Compliance & Investigations, Inc., registered in 1997 in Bismarck
G4S Retail Solutions (USA) Inc. registered in March 2015 and located in Bismarck
G4S Secure Integration LLC, registered for protective and detective services in 2004 in Bismarck
G4S Technology Software Solutions LLC registered in 2010 in Bismarck for security and building management software and services
G4S USA, owned by G4S Secure Solutions (USA) Inc., had its license renewed in Bismarck in August 2015 and is authorized for security guard work and security systems consultation
G4S Youth Services, LLC, established in 2012 in Bismarck and authorized for juvenile facility management.
The G4S press office did not return telephone calls or emails related to whether their companies have security personnel at the Dakota Access Pipeline, or what if any is the relationship between the companies involved today and G4S.
All efforts were made to contact Clifton and the companies he owns; telephone numbers were listed as non-working numbers or had busy signals; Clifton could not be reached for comment.
The “Mercenary”
Thompson’s alleged attack against activists came to a halt on Thursday evening after he was stopped by a SUV when it smashed into the side of his car, activists and videos report. He was chased into a nearby pond waiving his weapon, and was later arrested by the Bureau of Indian Affairs.
Thompson’s description of events posted Sunday on his Facebook page, and his Facebook profile, raise more eyebrows than answers questions.
Mercenary Kyle Thompson, just before his arrest – photo provided by Steve Gross
“Three days ago on October 27th, I was in a situation in which myself and others were faced with the difficult decision to take another’s life or not,” Thompson said. “A decision in which most people are never faced with and I hope never will, a decision in which changes a person’s outlook on life forever.
“I’m not here to defend myself or the others who stood their ground on the opposite side, (opposite for some reason doesn’t sound like the right word to use, however it paints the picture for those who weren’t there), we both know damn well we did enough of it that day.”
Thompson was asked to take pictures of DAPL equipment on fire, he said. “So I attempted to go and do just that, nothing more nothing less.”
He primarily stayed on Highway 1806 until he was forced off the road. He said he was also attempting to leave the area “as directed by the protestors on 1806.”
“I drew out my rifle after my vehicle was disabled and over 300 protesters were rapidly approaching my location, a few had knives and were dead set on using those knives.”
He then retreated into the pond to escape being surrounded. He denied firing his weapon. “That rifle hasn’t had a single round pass through the barrel in well over three months, the FBI can confirm,” he said.
During the confrontation an activist fired a flare at him, and his truck was set on fire, he said.
“I’m not out there for the money, fame, or personal gain,” Thompson said. “I will never stop, at any cost, defending those who I care for and those who put their trust in me.”
His Facebook profile reports he works for Rock Point, a bar and grill, and he was a former “door kicker” for the U.S. Army. A December 2007 article published by the Bismarck Tribune reported Thompson returned from a 15-month tour in Iraq with the U.S. Army 1-89th, 2nd Brigade to a hero’s welcome. At a Bismarck airport former Three Affiliated Tribes Chairman Tex Hall also presented him with an eagle feather headdress, and he was previously given the name War Eagle at a naming ceremony.
“It meant a lot to me because of my heritage,” Thompson said in the article.
On Facebook, Thompson has liked pages such as Unicorn Riot, Native Lives Matter, and Young Americans for Liberty, but also liked Predator Tactics, a company that manufactures night hunting lights for outdoorsmen. He left the Army in 2013, and graduated from State University of New York at Oswego with a major in business administration, according to his Facebook Page.
But, according to documents found inside his vehicle, he also works for the Dakota Access Pipeline as private security. After activists cornered him in the pond, Bureau of Indian Affairs officers arrived and took him into custody. He was jailed in Fort Yates, bonded, and then released, according to Bibens.
Friends of his on Facebook inquired of his well-being. His reply was that he was fine, “Always, you know that.” He also thanked friends for defending him online. “I can only hope that this will open up some minds to what could happen when you push someone so far that you force them into doing something that cannot be undone. Luckily for them it was someone like me on that other end.”
“We are doing our own investigation,” Bibens, said. “It’s a little too soon to say, but there are some key witnesses who can give a truer version of what happened.” Bibens is also the ground coordinator for the Red Owl Legal Collective, and works with the National Lawyers Guild.
Bibens said there are loopholes when it comes to prosecuting such cases. Pending charges against Thompson must come from the federal government.
“White guy on the rez,” Bibens said. “This is a major crime, and reservations don’t have authority over major crimes. This is a felony; this isn’t a simple assault. Someone brandishes a killing machine, that’s a felony.
“But maybe it’s not so much of a thing if law enforcement that does have jurisdiction over this guy doesn’t pick up the case. There are predatory white men who go to the reservation and victimize… and they know they can get away with it because there is a huge loophole in the jurisdiction law. This is the same loophole in the jurisdiction of criminal offenses.”
“I’m not worried about this whole situation because I know that whatever happens will happen for a good reason,” Thompson said. “I will always be fine no matter what happens. If only this lesson reaches the ones who truly need it, then we will be able to call it a success.”
Kyle Loven, chief division counsel and media coordinator for the Federal Bureau of Investigation Minneapolis Office, was familiar with the incident, but refused to comment on Thompson’s situation, or any other aspects of the Dakota Access Pipeline controversy.
Morton County State’s Attorney Brian Grosinger did not reply to repeated requests for information on whether the county or any other state agency will be investigating or filing charges on Thompson. The North Dakota Secretary of State also did not return requests for information, and hung up the telephone halfway through a request.
Morton County Sheriff’s Department called Thompson a victim, and reported they were unable to confirm if any shots were fired. “The victim was instructed to get pictures of construction equipment,” Morton County Sheriff’s Department said in a press release. “In order to do so, the victim disguised himself so he would be able to gain access without being singled out as a construction worker.
“The man grabbed a rifle to defend himself, he retreated toward the Cannonball River and was pursued. No charges will be filed against this man as he was using the weapon to protect himself.”
Chairman of the Cheyenne River Sioux Tribe Harold Frazier said he will be seeking charges of attempted murder against Thompson.
Prairie fire east of Oceti Sakowin, or Big Camp – photo provided by Morton County Sheriff’s Department
Prairie Fire, Numbers, and Dog Kennels
Three days after Thompson’s arrest by the BIA, when law enforcement from four states violently cleared Standing Rock’s northern Treaty Camp, a fire ravaged the grasslands west of Highway 1806.
The fire was reported at 1 a.m., near Backwater Bridge, which is separated from the main camp, Oceti Sakowin, or the Seven Fires Council camp, by the highway.
“Mandan Rural Fire responded to the fire,” Morton County Sheriff’s Department reported. “However, due to the terrain, Mandan Rural was unable to access the fire.”
Winds swept the fire east, burning a large swath of prairie land owned by the U.S. Army Corps of Engineers. The land formerly belonged to the Standing Rock Sioux Tribe but was taken by the Corps after it was condemned. At 8:45 a.m., North Dakota National Guard units suppressed the fire. Black Hawk helicopters with 600-gallon water buckets assisted, Morton County Sheriff’s Department reported.
“For three hours they let that fire burn,” Bibens said. Her legal team, now fully staffed, is investigating the case as arson. “The hillsides are scorched. Somebody was talking about this was a controlled burn. Who does that at 2 o’clock in the morning?
“It was to cause fear and confusion. There’s video of someone with a flashlight walking along the ridge with fire following them. What does that tell you?”
More people than she can count reported injuries from Thursday’s events, Bibens said. “The numbers are stacking up. We’re taking instant reports. People are knocking on the tent before we open, and we’re there until 6:30 at night. It’s intense. It’s really intense.”
Treatment of the 117 people arrested on Thursday was “deplorable and illegal,” Bibens said. Activists were thrown into dog kennels at Bismarck’s airport; inmates’ forearms were numbered, an action many are comparing to the Nazi’s practice of tattooing Jews and others in concentration camps during World War II.
Activists hugging each other as law enforcement issue final warning to move – photo by C.S. Hagen
“Not only illegal, but dehumanizing to put people in dog kennels,” Bibens said. “They had this all planned out. People were denied their medication; diabetics were denied food in a timely manner, denied insulin. Just the medical neglect alone is illegal.
“We have a lot of people coming out of custody who have some stories to tell.”
Since August 10, 411 people have been arrested on charges related to resisting the Dakota Access Pipeline, according to Morton County Sheriff’s Department. Most, if not all of those arrested have been strip searched before incarceration, according to Bibens and activists. One woman was left naked in a cell overnight for the viewing of male guards, according to Bruce Ellison, a long-term criminal defense lawyer and legal team coordinator of the Lawyer’s Guild Mass Defense Committee.
On Monday, the Morton County States Attorney’s office charged 37-year-old Red Fawn Fallis with attempted murder, among other charges, after she allegedly fired three shots at law enforcement on October 27, according to Morton County Sheriff’s Department.
Since Governor Jack Dalrymple’s emergency declaration in August, the state has spent approximately USD 9 million of taxpayer’s money, according to the Morton County Sheriff’s Department.
Standing Rock Sioux Tribe Chairman Dave Archambault II has asked for an official U.S. Department of Justice investigation into the actions of both law enforcement and Dakota Access Pipeline. His plea has been heard in Fargo and city leaders have echoed the call, asking for DOJ boots on the ground at Cannon Ball. Over the weekend, the United Nations and Amnesty International announced plans to visit the Oceti Sakowin to collect information and record testimonies, according to media outlet Indigenous American Network.
The continuing story in the fight spearheaded by the Standing Rock Sioux Tribe against Big Oil to save water and sacred indigenous lands in North Dakota
By C.S. Hagen BIG CAMP, ND – Centuries before the discovery of oil, a hungry bear lumbered into a forest and began gorging on all the huckleberries it could find, according to ancient Native American legends. The forest animals took notice, and held council, for without huckleberries a vital part of the forest would surely be lost.
After reaching a decision the forest animals timidly approached the bear and warned it to stop before the damage was irreparable; a price had to be paid. The bear needed to give something back for the carnage it created.
“But all I have is my fur and my claws,” the bear said.
“You must give up your eyesight,” the animals said.
The bear agreed, and to this day the tender, versatile fruit has an eye on every berry, and bears have never regained the eyesight they once had.
Told late at night in Big Camp, short hikes from the Camp of the Sacred Stone and Red Warriors Camp outside of Cannon Ball, the legend is the difference between life and death to the largest gathering of Native American tribes in 140 years. Not since the Battle of the Greasy Grass or Custer’s Last Stand, have the Great Sioux Nation’s Seven Council Fires, or the Oceti Sakowin, been united.
Activist wielding a rifle used during the Battle of the Greasy Grass (Custer’s Last Stand). When asked to give up the weapon, the activist did without question. – photo by C.S. Hagen
In addition, more than 200 tribes, 100 social groups and associations, at times exceeding 5,000 people of all nationalities, are not only protecting water, now they’re protecting land. Smaller camps have been established along rural roads; scouts are tirelessly on the lookout for Dakota Access activity.
On September 3, activists say Dakota Access Pipeline orchestrated a “sneak attack” that desecrated two miles of Native American burial grounds. Allegedly, an Ohio-based dog breeding and training company, known by netizens as Frost Kennels, attempted to ward off the protesters – men, women, and children – with mace and trained attack dogs. Mercenaries, activists called them. Altercations ensued, Morton County Sheriff’s Department reported, but activists say only after security personnel allegedly pushed attack dogs into the crowds. At least six activists, including a young woman bit on the breast and one child who broke out in a rash after being hit in the face with mace, sought medical help, activists said.
Activists forced security personnel to retreat after the attacks ensued. Frost Kennels admitted their personnel were at the Dakota Access Pipeline area on Facebook.
“They provoked everything that happened,” Standing Rock Sioux Chairman Dave Archambault II said. “We are not violent, but when you have companies provoking, it is hard to keep going. It’s time to stop infringing on indigenous rights.”
Law enforcement watched from a nearby hill, activists said.
“They didn’t try to deescalate either side,” Dale “Happi” Americanhorse Jr. said. “What happened on Saturday, it was hateful.”
The day after the altercation, Standing Rock Sioux tribe asked the U.S. District Court for the District of Columbia to grant a temporary restraining order against Dakota Access, which was partially granted by U.S. Judge James Boasberg. The U.S. Army Corps of Engineers, on whose land the altercation took place, did not oppose the issuance of the restraining order.
“This is a peace and prayer camp, we’re not here to start World War III,” Greg Cournoyer Jr., a councilman for the Yankton Sioux tribe said. The Yankton Sioux Tribe filed a lawsuit in federal court on September 8, according to Native News. With Cournoyer stood a fifth generation descendant of Colonel George Armstrong Custer, Whitney Custer, who has Cheyenne blood. From Kansas, she could not stay at the camp long as sixth generation Custers waited for her at home.
Whitney Custer, fifth generation descendant of Colonel George Custer – photo by C.S. Hagen
Although 140 years ago the Sioux soundly defeated and killed her cavalier ancestor, Custer felt nothing but acceptance from the Native Americans at Big Camp.
“I have been welcomed with happiness,” Custer said. “They’ve treated me like family, I feel very welcome.”
As soon as she stopped speaking, a mosquito-like buzz filled the air. Everyone looked up and pointed toward a circling drone. Sightings of helicopters and airplanes are commonplace, but activists now face the U.S. military. In preparation for the U.S. District Court for the District of Columbia decision on an injunction filed by Standing Rock Sioux Tribe to stop work along the pipeline, Governor Jack Dalrymple called in the North Dakota National Guard. Boasberg’s long-awaited decision on Friday favored the Dakota Access Pipeline, and the company was legally allowed to continue work.
“It is now clear and obvious the fight needs to be moved from Morton County to a courtroom in Washington, D.C.,” Morton County Commissioner Cody Schulz said.
US Presidential Candidate Dr. Jill Stein spray painting “I approve this message” on Dakota Access equipment – photo provided by Morton County Sheriff’s Department
Near Cannon Ball, however, local and state law enforcement officials have had their hands full, arresting 68 activists since the protests began, and have issued warrants for presidential candidate Dr. Jill Stein, and her running mate, Ajamu Baraka.
On Friday, Stein posted on her Twitter account, “Why is an arrest warrant out for me and @ajamubaraka, instead of Big Oil and the state of North Dakota?”
To ease some of law enforcement’s pressures along Highway 1806, on September 8 Dalrymple called in the military to act in a limited capacity, bolstering traffic checks and assisting law enforcement. The road is now open to the public, Archambault said, but the military presence did not disturb nor dismay him.
The day of the attack dogs, activists defending themselves – photo provided by Morton County Sheriff’s Department
“The National Guard is not going to come here to the camps,” Archambault said. “The governor is trying to alleviate some of the pressures on local law enforcement.”
“Our mission is, and in this situation is the right approach, is to have guardsmen in support of law enforcement, and let law enforcement deals with those who break the law,” Major General Alan Dohrmann of the North Dakota National Guard said during a press conference.
Not long after the news of Standing Rock’s failed petition for an injunction against Dakota Access, President Obama’s Administration and the U.S. Army Corps of Engineers surprised both sides by issuing a statement that they no longer allowed Dakota Access to work on the U.S. Corps of Engineers’ lands, according to a U.S. Department of Justice press release.
“Important issues raised by the Standing Rock Sioux Tribe and other tribal nations and their members regarding the Dakota Access pipeline specifically, and pipeline-related decision-making generally, remain. Therefore, the Department of the Army, the Department of Justice, and the Department of the Interior will take the following steps.”
No authorization will be given to Dakota Access on land bordering or under Lake Oahe, a distance of 20 miles in all directions, until determinations can be made whether reconsiderations of previous decisions should be made.
“Construction on the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time.”
Additionally, the Standing Rock Sioux tribe has “highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects.” All tribes were invited for government-to-government consultations this upcoming fall, according to the U.S. Department of Justice news release.
“It is now incumbent on all of us to develop a path forward that serves the broadest public interest,” the U.S. Army Corps of Engineers stated.
Congressman Kevin Cramer, R-N.D., called the Obama Administration’s move unfair and confusing and that the issue “deserved peaceful resolution that honors rights of lawful commerce,” in his weekly message. Senator Heidi Heitkamp, D-N.D., said the move was painful and disappointing, and offered “no light at the end of the tunnel for North Dakotans.”
In response to the alleged dog attacks, the State of North Dakota Private Investigation and Security Board has also began investigating complaints made against the private security company involved, its use of attack dogs, and if the company was authorized to work in North Dakota, counsel for the State of North Dakota Private Investigation and Security Board Monte Rogneby said.
Fargo City Commissioner John Strand spent the day after the dog attacks at Big Camp, he said, and attended ritual services performed by Native Americans there. He traveled to the area for personal reasons, and in the capacity of a Native American Commissioner, of which he has been a member for nearly three years.
“I think there have been mistakes made on both sides,” Strand said. “And that’s not necessarily surprising. On the state side we’ve done some things that have exacerbated the situation.”
Strand understands the skepticism many Native Americans have toward state and federal governments, he said.
“Don’t live in the past, or we will jaundice our views, but if we do look at the past, we need to look all the way back. Let’s meet each other, eye to eye, every chance we can. Let’s understand each other every chance we can.”
Spending time at the camps was an experience Strand will never forget, and he encouraged anyone interested to travel to Cannon Ball area to learn about what is happening.
Standing Rock Sioux Chairman Dave Archambault II – photo by C.S. Hagen
Colorful tents, horses, vehicles, and people spanned the plains behind Archambault as he addressed media representatives from national news agencies and talk shows. Flags from more than 180 tribes snapped briskly under the prairie wind. Volunteers chopped firewood, manned kitchens. Loudspeakers announced the arrival of a new tribe supporting the cause. Along the Missouri River’s banks, canoes filled with Native Americans from Alaska, Hawaii, Washington, and elsewhere docked.
Thousands, fists raised, cheered.
“There is a spirit awakening,” Archambault said.
The spirits of eagles, which have been seen flying over the camp, or the buffalo, which roam nearby, and even the spirit of thunder bringing rain on September 7, dampening the ground and halting pipeline construction workers, Angela Bibens, the camp volunteer attorney said.
“What they did, is a crime scene,” Bibens said. “Genocidal violence. They knew what they were doing, it was a sneak attack, and this is a profound expression of sovereignty here.”
Activist Joanne Spotted Bear giving a speech – photo by C.S. Hagen
Sovereignty. The legal battles that have gone nearly unnoticed by many for hundreds of years, Archambault said. Too many times federal agencies have violated the U.S. Constitution, Article VI, activist Seven Thunders from Cheyenne River said. The U.S. Constitution article states all treaties made under the authority of the United States are the supreme law of the land, which would include the Fort Laramie Treaty of 1851 giving indigenous peoples permanent rights to defined territories. The altercation took place on the U.S. Corps of Engineers land, taken from the Standing Rock Sioux tribe in the 1940s during dam construction projects.
The “black snake,” as activists call the Dakota Access Pipeline, its Wall Street and government investors, its oil drillers, and pipe layers, have taken too much from the earth, and are not heeding the warnings to give something back, Archambault said.
“Energy Transfer, who has zero human rights policies, made the decision to dig up sacred land,” Achambault said. “But if the judge rules in our favor, it’s ok. If the judge rules in their favor, it’s not the end.” He plans, through the tribe’s law firm Earthjustice, an environmental law organization, to appeal the decision.
Morton Count Sheriff’s Department sees the weeks’ events, including the altercation led by attack dogs, as a serious danger.
“A group of protesters launched a march from their camp located on U.S. Army Corps of Engineers land to where construction was taking place on the Dakota Access Pipeline, on private property,” the Morton County Sheriff’s Department stated in a news release. “They stampeded into the construction area with horses, dogs, and vehicles.”
Four security personnel were assaulted; one was take to a Bismarck hospital. Two security K-9s were also treated for injuries.
“This was more like a riot than a protest,” Morton County Sheriff Kyle L. Kirchmeier said in a press release.
“There is a legal analysis that we are squatting,” Bibens said. “But when we are forcibly removed from our lands it’s like cutting off our own umbilical chords.”
“The state is trying to get us to stoop to their level,” Cody Two Bears, a Standing Rock councilman said. “And if we do that, then we are no better than they are.”
Ronald and Eric Day from Washington hailing departing canoes along the Missouri River – photo by C.S. Hagen
Dakota Access LLC has removed equipment from U.S. Army Corps of Engineers land, officials said, but not far enough away to satisfy activists. On Tuesday morning, approximately 50 law enforcement officers from Morton County Sheriff’s Department, the North Dakota Highway Patrol, and other law enforcement agencies, arrested 22 activists north of I-94 at exit 20 near Mandan, according to the Morton County Sheriff’s Department press release. Twenty activists were charged with criminal trespass and two were found bound to equipment, charged with disorderly conduct, and hindering law enforcement, according to the press release.
Eight more activists were arrested Wednesday, two men were charged with reckless endangerment, a felony, and could face up to give years and or a USD 10,000 fine, according to Morton County Sheriff’s Department.
South of 1-94 near Mandan where 22 activists were arrested Tuesday, September 13, 2016 – photo provided by Morton County Sheriff’s Department
“Drunk Indian is Dead”
Americanhorse, known by friends as Happi, doesn’t see himself as the local hero he has become in online headlines and print media. He’s well spoken, peaceful in presence, commanding a quiet authority with his six-foot tall, 250-pound frame. Like many his age, he doesn’t know his native language, but intends to learn.
On August 31, the 26-year-old Sicangu-Oglala Lakota warrior pushed aside his fears, and leapt onto an excavator, forcing the driver to shut down the engine – in accordance with OSHA regulations. Fortunately for Americanhorse, the driver walked away, saying he got paid whether he worked or not. Wrapping his arms around a part of the machinery, he chained himself with a plastic pipe smothered in tar. For six hours, law enforcement tried hacksaws, crane lifts, pondered how to disassemble the machinery before he was freed.
And then he was arrested.
Dale “Happi” Americanhorse Jr. wearing the same clothes and bandana he wore after chaining himself to Dakota Access machinery. Photo taken at Shane Balkowitsch Studio while he was posing for a wet plate. – photo by C.S. Hagen
Most netizens applauded his bravery. A few made comments to cut off his arms, or use a bone saw.
To Americanhorse, the pending court date is a small price to pay to protect water and land. “My main focus is this fight, and it’s all over the continent, in fact it’s all over the world,” he said. “When we’re done with this fight, and we’re going to win this fight, I am going to go look for allies that came here who have their own problems and I want to be able to sit there with them and fight those fights, whatever it is they’re fighting just in solidarity for them doing the same with me.”
Americanhorse while chained to a Dakota Access excavator – online sources
Not in seven generations have Native Americans come together in such strength, he said. Old grudges have been cast aside. Daily, tribal leaders stretching from one coast of North America to the other stand to speak before the hundreds, sometimes thousands gathered. One of the most historical moments was when the Crow tribe, one of the Sioux’s oldest enemies, arrived at camp in a show of support.
Historically, the US government has tried to eradicate Native American culture, Carina Miller, a councilwoman from the Warm Springs Tribe in Oregon, said. She heeded the call to rise at 5 a.m.
“Get up. They’re back,” someone in the darkness called out. “Get up. They’re back.”
She jumped into her “pony,” a 2010 Chevy Cobalt, with friends and drove to the site, but company workers could not proceed; the ground was too wet.
Miller grew up on a reservation, the local school district did not allow her to learn her own language, and she feels the government tried to erase her and her tribe.
Activists after taking control of excavation equipment – photo provided by Morton County Sheriff’s Department
“They pit us against each other, breaking treaties, trying to wipe us out,” Miller said. “People need to understand history.” Today, her tribe fights Nestle over water bottling rights on Native American land in Oregon, she said. The gathering of so many indigenous nations has brought her hope for her homeland.
“It’s a really strong and powerful presence,” Americanhorse said. “It feels like it is going to be a lot easier for us to work together. If we can establish a way we can work together here, then in the future when another issue comes up, something threatening another indigenous tribe, we can get together.”
The road to becomming involved in the fight to protect water and sacred lands wasn’t easy, but in the end, the decision to give up his old life was. All roads pointed to Sacred Stone Camp. As a child in the public school system in Colorado, Americanhorse was shunned both by white people and other indigenous tribes, like the Utes and the Navajo, he said. He learned to shy away from outsider help, grew up with violence and chaos. Drank on the weekends.
In town, he has to constantly stay on the lookout for out-of-town pickup trucks. Where there are work trucks, man camps cannot be far away in western North Dakota. Where there are man camps, there are the cartels. And where there are cartels, sex trafficking, methamphetamine dealers, not to mention frustrated men with too much money, are in abundance.
“They prey on the indigenous women,” he said. “It’s not talked about, because they’re up here in North Dakota where everyone is supposed to be making all this money, but nobody really cares.”
He said indigenous towns such as Cannon Ball, have monstrous problems with teenage suicide, methamphetamine use, and a desperation that can be known only to the downtrodden.
“It’s weird when it comes to race,” he said. “The race issue for me was a pretty big thing. I thought all white people were racists.”
Americanhorse’s mother was the one who offered a helping hand, slyly roping him into fighting pipelines, he said. She introduced him to horses, and then to the KXL pipeline fight.
“At first I didn’t want to be there, I didn’t want to help. But that was the first step, going to the pipeline and to that fight was my first step in the right direction.”
But after the KXL pipeline project was defeated, he returned home. Went back to his normal jobs, sometimes as an assistant manager at Dominoes, at other times a casino in Colorado.
“I was walking in a world and a reality where I was worried about a certain image of me. I didn’t really think of where things came from or how they were made, and I didn’t think of the environment that much.”
His second step, he said, came when he watched a Sundance – a Native American spiritual ceremony where participants pierce their flesh with roped hooks tied to a tree. They perform ritual dances around the tree until the hooks fall out.
“You cannot bring negative thoughts to a Sundance,” he said. The experience changed his thoughts on his lifestyle, and led him to horses.
“My mother roped me in again,” he said. “I kept meeting people active against pipelines.”
She introduced him to a horse whisperer, not far from the Sacred Stone Camp. There, he learned how to approach a horse, how to groom them, how to saddle a horse, and how to ride. He now owns a two-year-old Blue Roan named Guardian, part Dakota, part Choctaw. It was after learning about horses that he decided to become involved in his second pipeline fight, the Dakota Access Pipeline. What was supposed to be a short visit has become a struggle he will not leave until it is finished.
At first, no more than fifteen people lived at the Sacred Stone Camp. With only USD 3,000 in support, they watched the excavators push aside what was once their tribe’s soil. “We couldn’t do anything at first,” he said. “We didn’t have the numbers.”
Americanhorse simulating oil in his hands at Shane Balkowitsch Studio in Bismarck – photo by C.S. Hagen
Sometimes Americanhorse went for two days without sleep. Camp life is hard, especially as their numbers grew quickly through the popularity of social media. Daily, he and others ensure activists have shelter, warmth, food, proper tents, firewood, and clean water. A school for children has been setup, a library as well. Medical crews are on constant standby to help the elderly or the sick. The Dakota prairie is mostly barren of vegetables and trees, so he gathers driftwood for fuel, and depends on donations to survive.
Smaller camps along the so-called front lines have been setup. Before sunrise, September 8, activists wearing bandanas over their faces returned from scouting maneuvers along the pipeline’s planned route. Some activists burned braided sweetgrass and waved the smoke over themselves before missions; for the company was watching them, just as they were watching the company, activists said.
They’re organized, committed, and prepared to be arrested.
Rope stretched across the highway was used to slow traffic. Any fence knocked down was quickly rebuilt. Trash was collected in buckets. Porta-potties, food, and much needed coffee were brought from Big Camp to keep the front-liners as refreshed as possible. During the quieter times, some along the front line nap, or read books. Others warm themselves around a fire sipping hot drinks and discussing recent events. Any time a two-way radio growled to life, they become instantly alert, listening for action.
Despite the hardships of camp life, or perhaps more appropriately because of it, Americanhorse found his calling.
“Being out here made me want to be more involved in this life. I want to bring our culture back to the people, our ways of life in modern day.”
Squash drying by Winona Kasto – photo by C.S. Hagen
He has also learned that not all white people are racists. In addition to the thousands of Native Americans, others from all walks of life have begun committing their time, money, and for some, their personal freedoms to protect water, and now indigenous land. “It has been through fighting pipelines that I learned to be more open minded to everything.”
Like all Native Americans, Americanhorse understands oil is important to modern society. He knows that oil also must go from point A to point B, to be refined, and then shipped across the globe. But Bakken crude will never travel under the Missouri River, where Dakota Access plans the pipe to run. More monies and research needs to be poured into alternative forms of research pertaining to solar and wind powers, he said, instead of bolstering a dangerous addiction to fossil fuels with a pipeline that will one day leak.
“You cannot ignore this many nations coming together,” Americanhorse said. “You can’t see that and challenge it. This billion-dollar industry has never seen anything like this before.” Losing this fight, for Americanhorse, is not an option.
“There are more people involved in this fight than you know, and this pipeline is affecting a lot of people.”
Some of the activists are weekend warriors. Some are drifters, traveling by car, by bus, by hitching rides. Others like Richard Fisher, half African American and half Native American, gave up his 19-dollar-an-hour job in Sisseton, South Dakota to volunteer in the camp’s kitchen.
Richard Fisher, a volunteer cook from South Dakota preparing evening meal – photo by C.S. Hagen
“I was born for this,” Fisher said. He stirred a cauldron of chili for the camp’s evening meal. “My dad was a Black Panther and my mother was with AIM.”
One of the camp’s head chefs and a traditional cook, Winona Kasto, is in charge of feeding any hungry mouth that comes her way. “It’s never ending, but it’s not tiring,” she said. “I came here because of the need to feed the people.” Usually, Kasto cooks wojapi, or a berry pudding, prepares dried squash, dried corn, stews, traditional native food, and in her spare time, if she can find any, holds classes for the youth to learn old indigenous recipes.
Americanhorse has given up his old way of life as well and returned to one much older. When there are no more pipelines or other issues to fight, he plans to raise horses, help his mother on her ranch where she owns breeds whose bloodlines can be traced to Sitting Bull’s herd.
Everywhere in the camp people are smiling, introducing themselves. Children play cops and robbers, volleyball, basketball to pass the calmer moments. Native American drummers sing traditional songs from all corners. At night, dozens gather around the fire at the Sacred Circle to pray and dance, a tradition that was once banned inside the United States.
Cooks at Big Camp, Winona Kasto, traditional cook, at right – photo by C.S. Hagen
“The drunk Indian is dead,” Americanhorse said. “There are a lot more people going in the cultural ways. I see the healing. I look forward to seeing other cultures come up and bring their structures up, and that way witness other cultural presences from every other nation.”
Americanhorse’s story is endemic among many Native Americans gathered outside of Cannon Ball. Far too many appear to come from troubled childhoods, addictions, and are searching for identity. Like confessions, their stories are told nightly around the Sacred Fire. They are returning to their roots and ancestral traditions, and discovering for the first time a peace they’ve never known before, while at the same time learning to accept all cultures.
One canoe rower spoke to a crowd of onlookers before pulling into the Missouri River.
“When you pull an oar you dig deep. It hurts, but it is supposed to.” The repetitive movement, not unlike meditation and prayer, helped him heal from a troubled childhood, he said.
“This is a very historical event, foretold by our elders that the Seventh Generation would rise up,” Layha Spoonhunter, an eastern Shoshone said. “We are seeing that here, and in many ways, we’ve already won. We’re going to win with the prayers and the songs that have been offered here, that is our strength and that will take us to victory.”
Oil Profiteers
Seventeen worldwide banks and financial institutions are backing Energy Transfer Partners, the parent company of Dakota Access LLP, according to the Food and Water Watch. The banks include: Citibank, Morgan Stanley, JPMorgan Chase & Co., Wells Fargo, Credit Suisse, DNB Capital, Royal Bank of Canada, US Bank, BNP Paribus, Royal Bank of Scotland, TD Securities, ABN AMRO, Philadelphia’s DNB First Bank, ICBC London, SMBC Nico Securities, and Societe Generale, and they’ve extended a USD 3.75 billion credit line. More than thirty other banks are provided general financing for Sunoco Logistics Partners LP and Energy Transfer Partners.
Standing Rock Sioux Tribe flag with ever-present helicopter in distance – photo by C.S. Hagen
Dakota Access LLC is a joint venture between Phillips 66 and Energy Transfer Partners LP, and recently Sunoco Logistics Partners LP, Enbridge, and Marathon Oil purchased up to 37 percent stake in the pipeline.
“I think it is important to see the forces behind this particular pipeline as the same forces behind numerous other pipelines across the country, both to support fracking for tight oil as well as fracking for shell gas all toward maximizing production of oil and gas, when the science is clear we need to maximize what we keep in the ground,” Hugh MacMillan, a senior researcher for Food and Water Watch said.
“If you ask Morgan Stanley, they said a year ago that the oil producers are getting into ‘prison shape,’ and without irony,” MacMillan said the company reported in 2015. “So, you know, this is a long-term, these are long-term investments from the banks. They fully expect the United States to maximize its production of oil and gas through widespread fracking.”
Investors do not only include banks. Politicians are also involved.
Senator John Hoeven, R-N.D., a member of the U.S. Senate Committee on Indian Affairs, has invested in companies involved in the Bakken oil patch, including Energy Transfer Partners and the San Antonio-based independent petroleum refining company Valero Energy Corporation, both for up to USD 250,000, and not less than USD 100,001, according to the United States Senate. Hoeven has also invested up to USD 100,000 in Kinder Morgan Inc., an energy infrastructure company, and up to USD 1,000 in Kinder Morgan Energy Partners, a subsidiary of Kinder Morgan. Additionally, investments of up to USD 250,000 were made with Union Pacific Corp., a crude rail transporter, and up to USD 250,000 in CSX Corp, which is a North Dakota crude rail carrier, according to the U.S. Senate. Hundreds of thousands of dollars have been invested by Hoeven into oil wells owned by Whiting Petroleum Corporation and ExxonMobil, and both companies have donated to Hoeven’s 2016 senate campaign, according to Open Secrets.org, Center for Responsive Politics.
Hoeven, who was known for his support of TransCanada’s Keystone XL tar sands pipeline, and supports building the Dakota Access Pipeline, also has personally 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. Continental Resources, Inc., the company which is ran by its CEO, Harold Hamm, a campaign energy adviser to Republican presidential candidate Donald Trump, owns 17 of the wells.
Additionally, in 2016, Continental Resources, Inc. contributed USD 10,200 to Hoeven’s campaign, and since 2010 Hamm with his former wife Sue contributed USD 8,000 to Hoeven, according to Oil Change International’s Dirty Energy Money database. ExxonMobil contributed USD 10,000, and Whiting Petroleum Corporation has contributed USD 2,750 to Hoeven’s 2016 senate campaign.
“It is certainly a confluence of interests,” MacMillan said. “They would argue it is not a conflict of interest because it’s all in the public interest. He’s obviously up there talking about what a wonderful thing all this fracking is in North Dakota. Has an attitude of ‘get off my back, we’re doing a good job,’ but when coupled with investing in these wells, it doesn’t look so good.”
Hoeven said he sold his shares in Energy Transfer in 2015, but owns other shares in other energy companies. He does not see his investments as a conflict of interest and has “always been a strong supporter of energy development in our state and across the country.
“We need to build infrastructure to move energy safely and efficiently and modern pipelines continue to be the safest way to move oil and gas around the country,” Hoeven said.
North Dakota’s “wild west” oil boom kept the state afloat during recent economic downturns, but the real national and state costs are only beginning to show, researchers report.
Native American activist, or water protector, during rally – photo by C.S. Hagen
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 shows that accidental wastewater spills from “unconventional oil production in North Dakota have caused widespread water and soil contamination.” 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 spill you have,” Vengosh said.
In 2014, one of North Dakota’s largest spills sent approximately one million gallons of brine into Bear Den Bay on the Fort Berthold Reservation, a quarter mile upstream from a drinking water intake on Lake Sakakawea, according to the report.
More recently in 2015, CSX Corp train carrying hazardous materials derailed in Kentucky, and in 2014 a CSX Corp train hauling North Dakota crude derailed, bursting into flames in West Virginia, spilling more than 800 barrels into the James River.
Transporting crude oil by rail or by truck is in decline, analysts say, primarily due to costs. Pipelines are cheaper. Since 2010, however, more than 3,300 incidents of crude oil and liquefied natural gas leaks or ruptures have occurred in pipelines within the United States, according to the Center for Effective Government. The incidents have killed 80 people, injured 389, and have created $2.8 billion in damages, not to mention the lingering effect on humans, and the release of toxic chemicals into soil, waterways, and air. Nearly one third of the spills since 2010 came from pipelines carrying crude oil, as the Dakota Access Pipeline plans to carry.
Researchers say more money and attention needs to focus on alternative energy sources, and not bolstering old methods for burning fossil fuels.
“The solutions are there, not just for producing renewable energy, but for conservation and efficiency,” MacMillan said. “It’s just a matter of building it out. We don’t have the commitments from state and federal governments or private sectors to sink the money to make that happen.”
Native American canoe rowing toward Camp of the Sacred Rock on Missouri River – photo by C.S. Hagen
The main force behind the Dakota Access Pipeline is the founder of Energy Transfer Partners, Kelcy Warren, worth USD 7.3 billion, according to Bloomberg.
Warren’s fortunes have come from transporting crude oil others pull from underground, according to Bloomberg. His mansion, a 23,000-square-foot home on 10 acres of land in north Dallas features 13 bathrooms, a chip-and-putt green, a pole-vault pit, a four-lane bowling alley, and a 200-seat theater. On his ranch near Austin, he raises giraffes, javelinas, and Asian oxen. He also ranches in eastern Texas and southwest Colorado, has a house on Lake Tahoe, and an island off the coast of Honduras.
“To be where we are today, it’s like a dream,” Warren said in the May 18, 2015 Bloomberg article. “I swear to God, I almost think we did it without anybody noticing.”
The Dakota Access Pipeline began in May 2016, and if finished will snake through the states of North Dakota, South Dakota, Iowa, and Illinois, where it will join up with a second 774-mile pipeline to Nederland, Texas. More than 570,000 barrels of Bakken crude oil will pass through the pipeline per day if it is finished third quarter 2016, according to the U.S. Army Corps of Engineers.
The upside-down flag symbolizes distress, yet some activists are calling for the flag to be turned upright. – photo by C.S. Hagen
