JULY 24, 2017 — Two activists have come forward and admitted to multiple acts of eco-sabotage against the Dakota Access Pipeline in Spring 2017. Several of these incidents had been previously hidden from the public. Much of the sabotage took place with minimal equipment and training, and during broad daylight.
The women have come forward in the hope that others will support and be inspired by their actions.
They have currently been arrested on a lesser charge, and the FBI is investigating. Deep Green Resistance is reaching out via our Political Prisoner / Prisoner of War Support Group and aims to provide whatever assistance possible.
This is a developing story and more news will be coming soon. Press release follows:
The Dakota Access Pipeline is an issue that affects this entire nation and the people that are subject to its rule. With DAPL we have seen incredible issues regarding the rule of law, indigenous sovereignty, land seizures, state sanctioned brutality, as well as corporate protections and pardons for their wrongdoings. To all those that continue to be subjected to the government’s injustices, we humbly stand with you, and we ask now that you stand with us.
Federal courts gave corporations permission to lie and withhold information from the public resulting in a complete media blackout. So, after recently being called by the Intercept, an independent media outlet, regarding illegal surveillance by the Dakota Access Pipeline and their goons, we viewed this as an opportunity to encourage public discourse surrounding nonviolent direct action as well as exposing the inadequacies of the government and the corporations they protect.
After having explored and exhausted all avenues of process, including attending public commentary hearings, gathering signatures for valid requests for Environmental Impact Statements, participating in Civil Disobedience, hunger strikes, marches and rallies, boycotts and encampments, we saw the clear deficiencies of our government to hear the people’s demands.
Instead, the courts and public officials allowed these corporations to steal permissions from landowners and brutalize the land, water, and people. Our conclusion is that the system is broken and it is up to us as a individuals to take peaceful action and remedy it, and this we did, out of necessity.
We acted for our children and the world that they are inheriting is unfit. There are over five major bodies of water here in Iowa, and none of them are clean because of corporation’s flagrant irresponsibility, and now another wishes to poison literally millions of us irreparably by putting us all at risk of another major catastrophe with yet another oil spill. DAPL has already leaked, and it will continue do so until the oil is shut off and the pipes are removed from the ground.
On election night 2016, we began our peaceful direct action campaign to a Dakota Access construction site and burned at least 5 pieces of heavy machinery in Buena Vista County, IA. Details regarding this action are attached to this statement below. This was information which was not shared with the public. We recognize that our action wasn’t much, but we at least stopped construction for a day at that particular site.
We then began to research the tools necessary to pierce through 5/8 inch steel pipe, the material used for this pipeline. In March we began to apply this self-gathered information. We began in Mahaska County, IA, using oxy-acetylene cutting torches to pierce through exposed, empty steel valves, successfully delaying completion of the pipeline for weeks. After the success of this peaceful action, we began to use this tactic up and down the pipeline, throughout Iowa (and a part of South Dakota), moving from valve to valve until running out of supplies, and continuing to stop the completion of this project. More information on these actions is followed at the end of this statement.
These actions of great public interest were hardly reported and the federal government and Energy Transfer Partners colluded together to lie and withhold vital information to the public.
We then returned to arsonry as a tactic. Using tires and gasoline-soaked rags we burned multiple valve sites, their electrical units, as well as additional heavy equipment located on DAPL easements throughout Iowa, further halting construction.
Later, in the first week of May we attempted yet again to pierce a valve located in Wapallo County, IA with an oxy-acetylene cutting torch. It was at this time we discovered oil was flowing through the pipe. This was beyond disheartening to us, as well as to the nation at large. This event was again hidden from the public and replaced with lies about “ditch depressions”.
We stand here now today as witnesses of peaceful, nonviolent direct action. Our actions have been those of necessity and humility. We feel we have done nothing to be ashamed of. For some reason the courts and ruling government value corporate property and profit over our inherent human rights to clean water and land.
We are speaking publicly to empower others to act boldly, with purity of heart, to dismantle the infrastructures which deny us our rights to water, land and liberty. We as civilians have seen the repeated failures of the government and it is our duty to act with responsibility and integrity, risking our own liberty for the sovereignty of us all.
Some may view these actions as violent, but be not mistaken. We acted from our hearts and never threatened human life nor personal property. What we did do was fight a private corporation that has run rampantly across our country seizing land and polluting our nation’s water supply. You may not agree with our tactics, but you can clearly see the necessity of them in light of the broken federal government and the corporations they protect.
We do not anticipate a fair trial but do expect our loved ones to undergo harassment from the federal government and the corporations they protect. We urge you to not speak one word to the federal government and stand firm in order to not be oppressed further into making false, but self-incriminating statements. Film these interactions. There are resources as to what to do if the federal agents appear at your doorstep, educate and protect yourself.”
It is unfortunate to have to prepare for such things, but this is the government that rules, which continues to look more and more like a Nazi, fascist Germany as each day passes. We salute the people.
Details of our peaceful direct action are as follows. We hope this information helps inspire others to act boldly and peacefully, and to ease any anxieties to perceptions held that the state and these corporations are somehow an “omniscient” and “undefeatable” entity.
After studying intuitively how fires work, and the material of the infrastructures which we wished to halt (metal) we learned that the fire had to be hot enough to melt steel — and we have learned typical arsonry is not always the most effective means, but every action is a thorn in their side.
On election night, knowing that gasoline burns quickly, but does not sustain by itself, we added motor oil (which burns at a higher temperature and for longer) and rags to coffee canisters and placed them on the seats of the machinery, piercing the coffee canisters once they were in place and striking several matches, anticipating that the seats would burn and maintain a fire long enough to make the machines obsolete. One canister did not light, and that is unfortunate, but five out of six ain’t bad.
As we saw construction continue, we realized that pipe was going into the ground and that our only means to obstruct further corporate desecration was somehow to pierce through the empty steel pipes exposed at the numerous valve sites. We learned that a welding torch using oxygen and acetylene was the proper tool. We bought the equipment outside of our city in efforts to maintain anonymity as our goal was to push this corporation beyond their means to eventually abandon the project. We bought kits at Home Depot and the tanks at welding supply stores, like Praxair and Mathesons. Having no experience with welding equipment before, we learned through our own volition and we were able to get the job down to 7 minutes.
In our particular circumstances, we learned that scouting often hindered our ability to act in windows of opportunity. So, we went with our torches and protective gear on, and found numerous sites, feeling out the “vibe” of each situation, and deciding to act then and there, often in broad daylight. Trust your spirit, trust the signs.
Having run out of supplies (the tanks) we decided to return to arsonry because every action counts. We used gasoline and rags along with tires (as tires burn a nice while, once a steady fire within them burns) to multiple DAPL sites and equipment.
We were able to get more supplies shortly after and returned to a valve site in Wapello County to act again. It was then we discovered that oil was flowing through the pipeline. This was not reported to the public, instead a story of “ditch depressions” was reported to the public in Wapello County as the reason to why the pipeline continued to be delayed.
It is because of these lies we choose to come out publicly, to set the record straight, and be open about these peaceful and viable tactics against corporate atrocities.
If there are any regrets, it is that we did not act enough.
Please support and stand with us in this journey because we all need this pipeline stopped.
After more than half a year from the commitment of the national authorities to execute a third interdiction operation at the illegal mining site established in the Pastacillo stream basin, tributary of the Santiago and Marañón River, in the Amazon region [of Peru], The Autonomous Territorial Government of the Wampís Nation (GTANW), in view of the breach of this commitment, agreed and decided to peacefully evict the illegal miners from that area.
The operation was carried out on July 13, in coordination with the Municipal District of Santiago, and included the participation of approximately 200 members of the wampís communities near the Villa Gonzalo community.
They arrived at the mining establishment in the morning and the workers were peacefully asked to leave the area. At that point the only dredging machine there was confiscated and destroyed. In the afternoon, in Puerto Galilea, a group of people from the community of Yutupis, made up mostly of indigenous Awajun and who are divided because of members who profit from illegal mining, attacked the wampis who had participated in the operation against the illegal mining. A total of four wampís men were wounded in the confrontation.
At the moment, we Wampís are developing collective meetings in order to reach agreements and to take new actions in the future that deal with the onslaught of illegal miners. At the same time, we are demanding the presence of the National Police of Peru in the area to avoid a recurrence of violent episodes on the part of those who work in and benefit from illegal mining.
It should be mentioned that the decision of the action was also communicated in a timely way to the main relevant authorities, such as the PCM (Fernando Zavala), the Ministry of the Interior, the Ministry of Defense, the Ministry of Energy and Mines, the District Attorny’s office specializing in Bagua’s environmental issues, and the PNP of Santa María de Nieva; and requesting of them the necessary support and guarantees.
Through this press release we reiterate our commitment to the defense, protection and preservation of our territories, forests and biodiversity; and we urge the authorities of the Peruvian State to intervene and provide the necessary guarantees for the lives of the indigenous peoples who watch over, protect and fight for humanity’s right to a good life.
Puerto Galilea, July 14, 2017.
Autonomous Territorial Government of the Wampís Nation
At dawn on Sunday, July 16th, 200 representatives of the indigenous Munduruku nation occupied the main work camp of the São Manoel hydroelectric dam on the Teles Pires River in the Brazilian Amazon, paralyzing the project. Led by Munduruku women warriors, the occupiers presented a series of demands to dam developers and Brazilian government authorities, including the right to consultation, land titling, and respect for their cultural and spiritual sites. They also demanded that developers repair the grave environmental destruction inflicted by dams on the Teles Pires.
In an open letter, the Munduruku state: “Our sacred places [such as the Sete Quedas waterfall and burial grounds] were violated and destroyed. Our ancestors are crying… The Teles Pires and Tapajós Rivers are dying. Our rights, guaranteed by the Federal Constitution, which came to exist after much indigenous blood was spilled, are being violated.”
The letter emphasizes that construction of the São Manoel and Teles Pires hydroelectric dams, both located in close proximity to indigenous territories occupied by the Munduruku, Kayabi and Apiaka tribes, constitute a gross violation of the right of indigenous peoples to Free, Prior, and Informed Consent (FPIC), guaranteed by International Labor Organization’s Convention 169, to which Brazil is a signatory. In an effort to support FPIC implementation, in 2014 the Munduruku published a ‘protocol’ in which they laid out guidelines for an appropriate process of prior consultation and consent for proposed projects that would affect their livelihoods and rights. Though they formally presented it to the Brazilian government in 2015, they have yet to receive a reply.
Together with the destruction of the Sete Quedas waterfalls – a site considered to be the center of cosmology for the region’s three indigenous peoples – dams on the Teles Pires River also led to the removal of funerary urns and archeological artefacts on Munduruku burial grounds. Long a major concern of Munduruku leadership, the return of these items is among the principal demands of the occupation.
“I am deeply saddened to be witnessing the destruction of our sacred sites,” said Maria Leusa Kabá Munduruku, one of the principal leaders of the occupation. “We women need to have great strength to cure the pains we are feeling here.”
Now entering its third day, the occupation of the São Manoel dam was conceived by Munduruku women who identified the need to take bold action to stop the ongoing destruction of indigenous rights and territories in the Tapajós River basin.
“After we heard the Munduruku women, it was decided that we would gather peacefully at the São Manoel work camp, motivated by our pain,” says the Munduruku statement. “We are not here to invade. The only invader is the government and the companies responsible for the dams being built on the Teles Pires…. We know that our struggle is legitimate… We ask that our demands be met and will not leave here until they are.”
In response to the indigenous mobilization and work stoppage at São Manoel, members of the dam’s consortium, EESM – composed of the Brazilian affiliate of the China Three Gorges Corporation (CTG); Portugal’s EDP Energias do Brasil; and Furnas, a state-run energy company – filed suit in federal court to end the occupation. The Munduruku countered with a second statement, attesting to their determination to engage in dialogue and to remain on site, resisting efforts to intimidate them. “We only need for our demands to be attended to. Our protest is peaceful and therefore the intervention of the national guard or federal police is not necessary.”
In its only proactive response to Munduruku demands, the government agreed to send the president of the indigenous agency, FUNAI, to visit the occupation site. The Munduruku are skeptical, however, particularly given that FUNAI’s current president, Franklimberg Ribeiro de Freitas, is a highly controversial appointee of Brazil’s right-wing Social Christian Party, which has proved antagonistic to indigenous rights. “It is not enough for him to come here with false promises,” read a Munduruku statement. “We want concrete responses to our needs.”
“Far from the limelight of high-profile, controversial projects like Belo Monte, the São Manoel and Teles Pires dams have involved a series of human rights violations and environmental illegalities since their inception,” said Brent Millikan of International Rivers – Brazil. “The consequences of this steamrolling of the rule of law have included the destruction of sacred sites and devastating downstream impacts on water quality, freshwater ecosystems and fisheries that are essential for the livelihoods of indigenous peoples.”
“The Munduruku occupation demonstrates the extent to which Brazil’s indigenous and traditional peoples must go to make themselves heard,” said Christian Poirier of Amazon Watch. “This a struggle for cultural survival in opposition to a disastrous pattern of environmental destruction and rights violations endemic to Brazil’s Amazon dam-building program.”
The São Manoel and Teles Pires dams are part of a complex of four large hydroelectric projects simultaneously under construction on the Teles Pires River, a major tributary of the Tapajós River in the Brazilian Amazon. The dams were planned by the state-run energy company Eletrobras and the Energy Planning Institute (EPE), both affiliated with the Brazilian Ministry of Mines and Energy. The socio-environmental risks of this dam cascade in the Amazon, including violation of indigenous rights, were systematically underestimated or simply ignored. Environmental licenses and public funding from Brazil’s National Development Bank (BNDES) were approved under intense political pressure.
Investors such as CTG and Iberdrola, a Spanish pension fund, repeatedly ignored warning signs of the projects’ legal, financial and reputational risks. Recently, the CTG-led São Manoel consortium informed indigenous peoples of the Teles Pires River that the closing of floodgates and filling of the dam’s reservoir would begin in August, despite the fact that no such license has been issued by IBAMA, the federal environmental agency. Although dam construction began in 2014, a plan to mitigate and compensate impacts of the São Manoel dam, which should have preceded construction, has yet to receive final approval from FUNAI and indigenous tribes.
Honorable Daniel F. McCarthy, Town Justice
Town of Cortlandt Justice Court
One Heady Street, Cortlandt Manor, New York 10567
Re: Order to Appear at Violation of Conditional Discharge Hearing-June 29, 2017, Docket # 15110186
Dear Judge McCarthy,
Thank you for the opportunity to present our necessity defense during our trial and to explain why we were, on that chilly morning in November, 2015, blockading the construction of Spectra Energy’s Algonquin Incremental Market Project pipeline that runs 400 feet from elementary schools and homes, and 105 feet from critical safety infrastructure at the failed Indian Point nuclear power plant on the Hudson River in Westchester County, NY.
I accept full responsibility for my action. We were all prepared for jail-time. I do realize that the sentence you imposed on us is an attempt to keep us out of jail. And I appreciate that.
I cannot, however, comply with certain provisions of your sentence which includes a 12-month conditional discharge, community service requirements, and fines/fees of $350.00. I cannot comply because the sentence imposed on us Montrose 9 resisters, who oppose the construction of this 42 inch, high-pressure, fracked methane-gas pipeline in our community, is actually a form of punishment meant to keep activists like us fearful, quiet and acquiescent. The sentence seems very harsh to me, especially as an alternative to incarceration, and for just a violation: a non-criminal infraction virtually equivalent to a traffic ticket! The sentence imposed is an attempt to break our will and bully us into submission.
In all honesty, I cannot abide by your conditional discharge requirement not to be arrested over the next year fighting this pipeline. This is a form of judicial repression meant to keep us from freely exercising our first amendment, constitutional rights to protest and resist, in this case, the much greater harm that fossil fuels and greenhouse gasses are wreaking on communities. Our necessity defense at trial, in a very real way, coupled with the dire environmental crises we face and injustices worldwide, require us to continue our resistance efforts in an even more concerted way — disrupting the fossil fuel industry, and perhaps breaking the law whenever necessary, to prevent or diminish the much greater harms of global heating, climate catastrophe and eventual systemic environmental collapse.
I cannot agree to not fighting for justice, alongside my friends, for fear of being arrested when so many injustices must be made right, especially these days, when we need to act powerfully and intelligently to dismantle entrenched systems of oppression. We will even need to directly break some unjust laws, like the unconstitutional and mean Muslim ban, for example. Given the enormous environmental harm being done to our living planet, and the efforts to divide us from one another, we will need to be smarter and even more militant, not less so, in keeping the powerful from harming humans and the living planet, while we build diverse and strong communities of love, support and resistance, like we are doing.
Moreover, we did no harm to the community. In fact, we alerted the community to impending crises. Requiring us to perform community service for fighting on behalf of our neighbors, for trying to protect our community, the water and the land base, from devastation and degradation, I consider wrong-headed and almost insulting, given the way I have tried to live my life in service to the betterment of our communities. (Please see details of my work and “community service” activities, attached.) *
You know that I also disagree with your verdict of guilty both on the merits of the case and with respect to our necessity defense. Regarding who was responsible for the traffic blockage on Route 9A, I do not think that the prosecution actually proved their case, that we were the cause of the traffic jam. There was sufficient doubt given the obvious failure of the State Police to control traffic, which would have taken minimal effort on their part. I also believe we proved the elements of our necessity defense. The harm of burning fossil fuels, especially methane, 80 times more harmful than CO2, is overwhelming and imminent, locally and globally. Threatening our community and destroying the environment for profit with impunity is what is wrong. I doubt that a jury would have found us guilty.
Admittedly, the Montrose 9 was not successful in our efforts to stop this segment of Spectra’s pipeline. We now need to stop the next segment, Atlantic Bridge Project, and all pipelines, and end the entire fossil fuel industry (and ultimately industrial capitalism, male domination and institutionalized racism) from destroying lives. I realize that from now on we will need to organize better and become more effective in our resistance to the extraction, storage and burning of fossil fuels, the massive infrastructure build out, as well as climate injustice against the poor, people of color and front-line indigenous peoples around the world.
As you know from our individual testimonies, we tried just about every avenue to stop the pipeline construction. In fact, many of our elected officials even agreed with us, but they were virtually powerless and/or chose not to effectively help us. Moreover, regulators continually ignored the calls of citizens and elected officials for independent health and safety assessments of this massive pipeline expansion project. Clearly, government and laws are on the side of the corporations, the rich and powerful, all of whom prioritize profits over the well-being of citizens. The law and the courts should be protecting communities from the abuses of corporations and government. The completed segment of pipeline we unsuccessfully resisted is a symptom of the failed political & economic system, a failed democracy & collapsing institutions that do not represent the interests of people or life on our planet. Indeed, we all must go way beyond our comfort zones and do everything necessary to make our world safer, to the degree that each of us can.
These days, we need the help of an independent judiciary, and judicial heroes like Constance Baker Motley and Thurgood Marshall, jurists remembered for their understanding of how citizens and communities need special legal protections from longstanding oppressive institutions, and how important it is to safeguard the civil rights of groups who are systematically targeted by oppression, especially when existing law and precedent are not on their side. They took bold, extraordinary steps, and were successful on behalf of the civil and human rights of communities of color, and all communities, against enormous odds.
I am hopeful that we both love this beautiful community on the Hudson River and want to see it thrive, and be a safe and healthy place to live. Yes, we were hoping that you would side with us against Spectra (now Enbridge) Energy and agree that their harm to this community, and destruction of the living environment for profit, would be what is considered unlawful and should be stopped. I am still hopeful that on a deeply human level, we both want the very best for our community.
Therefore, Judge McCarthy, I am asking you for your help in our efforts to stop this pipeline. If I may be so audacious, we really could use your help in this long, hard fight on behalf of our communities. We need your help and assistance from the judicial branch of government for relief, protection and support, especially since some laws may need to be challenged for the greater good to prevent greater harm. Yes, I invite you to consider joining our efforts. Together, we could definitely keep our community safer.
If you cannot yet support us and our efforts, I ask you simply to consider, at least – to think about – what we and the science and the experts have been saying about the dangers of this pipeline, methane gas leakage in our already vulnerable community, the harm of greenhouse gas emissions, and our responsibility to protect our homes and the earth. Please consider this an invitation and an opportunity to continue our year-and-a-half-long conversation about community health and safety and protection from the harms of the fossil fuel industry. While we continue our efforts to stop the construction of this pipeline with our neighbors, and fight to make our community safer, I hope we will continue this important conversation.
I appreciate your respecting my constitutional right to defend myself, & speak on my own behalf, pro se.
Sincerely,
Michael G. Bucci
Deep Green Resistance
Montrose 9 Defendant
* “Community Service” Activities
Catholic Interracial Council, Pittsburgh, PA 1964-66 – volunteer member.
Little Sisters of the Poor (homes for the elderly), Balt., MD & Wash., D.C. 1966-68 – volunteer.
Co-Founder, Storefront Soup Kitchen/Peace Center, Bronx, NY 1970-73, – volunteer.
Resistance activities/organizing to stop the Vietnam war 1969-74.
So Others Might Eat – SOME Soup Kitchen, Wash., DC 1974-75, – volunteer director.
American Red Cross in Greater New York Disaster Relief Services 1975-1977.
Clinton Housing Development Company – community organizer 1978-1981.
Co-Founded Union of City Tenants 1979-83, – volunteer.
Volunteer – New York Women Against Pornography 1984-85.
Co-founder, Men Against Pornography 1985? – volunteer.
Co-founder, New York Men Against Sexism 1989 – volunteer.
Resistance to South African apartheid 1989-1994.
Co-founder, Whites Against Racism Network (WARN) 1990-1993 – volunteer
Bowery Residents Committee – Director of Housing and Development 1981-1997.
ANHD – Affordable Housing Training to 95 under-resourced NYC community groups 2010-17.
American Red Cross in Greater New York Disaster Relief Services 9/11 volunteer.
We Are Seneca Lake – Fossil Fuel Storage Resistance – volunteer 2014-17.
Compressor Free Franklin – volunteer 2014-Present.
Deep Green Resistance – volunteer 2014-Present.
Resist Spectra – volunteer 2015-Present.
SAN FRANCISCO— Conservationists sued the U.S. Department of Agriculture’s Wildlife Services program today over its outdated wildlife-killing plan for Northern California.
The lawsuit, filed in San Francisco federal court, seeks an updated environmental analysis of the program’s killing of native wildlife including coyotes, bobcats and foxes.
“Wildlife Services’ cruel killing practices are ineffective, environmentally harmful and totally out of touch with science,” said Collette Adkins, a Center for Biological Diversity attorney representing the conservation groups involved in the lawsuit. “It’s long past time that Wildlife Services joined the 21st century and updated its practices to stop the mass extermination of animals. Nonlethal methods for dealing with human-wildlife conflicts have been shown to work. We have no choice but to sue the agency and force a closer look at those alternatives.”
Wildlife Services is a multimillion-dollar federal program that uses painful leghold traps, strangulation snares, poisons and aerial gunning to kill wolves, coyotes, cougars, birds and other wild animals — primarily to benefit the agriculture industry.
Last year the program reported that it killed 1.6 million native animals nationwide, including 3,893 coyotes,142 foxes, 83 black bears, 18 bobcats and thousands of other creatures in California. Nontarget animals — including protected wildlife like wolves, Pacific fisher and eagles — are also at risk from Wildlife Services’ indiscriminate methods.
“Killing native wildlife at the behest of the ranching industry is morally unconscionable and scientifically unsound,” said Erik Molvar of Western Watersheds Project. “Carnivores play an important ecological role, and exterminating them upsets the balance of nature. We should leave the wildlife alone and change ranching practices instead.”
“Wildlife Services is acting in clear violation of the law,” said Tara Zuardo, Animal Welfare Institute wildlife attorney. “The agency cannot be allowed to continue haphazardly and cruelly kill thousands of wild animals in Northern California each year without weighing more humane alternatives.”
The National Environmental Policy Act (NEPA) requires Wildlife Services to rigorously examine the environmental effects of killing wildlife and to consider alternatives that rely on proven nonlethal methods to avoid wildlife conflicts. But the wildlife-killing program’s environmental analysis for Northern California is more than 20 years old. According to the complaint filed today, Wildlife Services must use recent information to analyze the impacts of its wildlife-killing program on the environment and California’s unique wild places.
“NEPA requires that federal agencies use the best available science in analyzing the impacts of their programs, and we believe Wildlife Services has failed to do this and has in fact cherry-picked their science to meet their goals,” stated Camilla Fox, founder and executive director of Project Coyote. “Moreover, they must consider alternatives to indiscriminate killing and analyze the site-specific and cumulative impacts that killing large numbers of wild animals has on the diversity and integrity of healthy ecosystems.”
Today’s lawsuit is brought by the Center for Biological Diversity, Western Watersheds Project, the Animal Legal Defense Fund, Project Coyote, the Animal Welfare Institute and WildEarth Guardians. It targets Wildlife Services’ program in California’s North District, which includes Butte, Humboldt, Lassen, Mendocino, Modoc, Nevada, Plumas, Sierra, Shasta, Siskiyou, Sutter, Trinity and Yuba counties.
Featured image by Lucas Reynolds. Judge James Boasberg’s 91-page decision says U.S. Army Corps ‘did not adequately consider’ oil spill impacts; no ruling on whether to keep DAPL operational
The U.S. Army Corps of Engineers violated the law in its fast-tracked approval of the Dakota Access Pipeline (DAPL), a U.S. District Court Judge in Washington D.C. has ruled. Judge James Boasberg said the Corps did not consider key components of the National Environmental Policy Act (NEPA) in granting the Lake Oahe easement under the Missouri River when directed to do so by President Donald Trump shortly after his swearing-in.
The Standing Rock Sioux Tribe, with the Cheyenne River Sioux as interveners, had challenged the approval on the grounds that adequate environmental study had not been conducted. Boasberg agreed on many points, though he did not rule on whether the pipeline should remain operational. It has been carrying oil since June 1.
“Although the Corps substantially complied with NEPA in many areas, the Court agrees that it did not adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice, or the degree to which the pipeline’s effects are likely to be highly controversial,” Boasberg said in his 91-page decision. “To remedy those violations, the Corps will have to reconsider those sections of its environmental analysis upon remand by the Court. Whether Dakota Access must cease pipeline operations during that remand presents a separate question of the appropriate remedy, which will be the subject of further briefing.”
A status conference will be held next week, according to the environmental law firm EarthJustice, which is representing the tribes in this case. Energy Transfer Partners, the pipeline’s builders, did not respond to requests for comment by press time.
“This is a major victory for the Tribe and we commend the courts for upholding the law and doing the right thing,” said Standing Rock Sioux Chairman Dave Archambault II in a statement. “The previous administration painstakingly considered the impacts of this pipeline and President Trump hastily dismissed these careful environmental considerations in favor of political and personal interests. We applaud the courts for protecting our laws and regulations from undue political influence, and will ask the Court to shut down pipeline operations immediately. ”
The fight over the 1,172-mile-long pipeline that runs hotly contested through four states has been the source of controversy since it was first proposed. The Standing Rock Sioux Tribe became the flashpoint for the issue when thousands of water protectors and hundreds of tribes gathered at camps along the Missouri River over the summer of 2016. They were protesting the routing of the pipeline through treaty lands—especially in light of the fact that it had been rerouted from more affluent Bismarck for the same reason the tribe didn’t want it nearby, because of the danger to drinking water—in a conflict that involved a militarized police force.
“This decision marks an important turning point. Until now, the rights of the Standing Rock Sioux Tribe have been disregarded by the builders of the Dakota Access Pipeline and the Trump Administration—prompting a well-deserved global outcry,” said Earthjustice attorney Jan Hasselman in a statement. “The federal courts have stepped in where our political systems have failed to protect the rights of Native communities.”
