Wyoming Now Third State to Propose ALEC Bill Cracking Down on Pipeline Protests

Wyoming Now Third State to Propose ALEC Bill Cracking Down on Pipeline Protests

Featured image: On August 31, 2016, “Happy” American Horse from the Sicangu Nation locked himself to construction equipment as a direct action against the Dakota Access pipeline. Credit: Desiree KaneCC BY 3.0

     by Steve Horn / DeSmog

On the heels of Iowa and Ohio, Wyoming has become the third state to introduce a bill criminalizing the type of activities undertaken by past oil and gas pipeline protesters.

One of the Wyoming bill’s co-sponsors even says it was inspired by the protests led by the Standing Rock Sioux Tribe against the Dakota Access pipeline, and a sheriff involved in policing those protests testified in support of the bill at a recent hearing. Wyoming’s bill is essentially a copy-paste version of template legislation produced by the conservative, corporate-funded American Legislative Exchange Council (ALEC).

At the organization’s December meeting, ALEC members voted on the model bill, the Critical Infrastructure Protection Act, which afterward was introduced in both Iowa and Ohio.

Like the ALEC version, Wyoming’s Senate File 74 makes “impeding critical infrastructure … a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than one hundred thousand dollars ($100,000.00), or both.” Two of the bill sponsors of SF 74, Republican Sens. Eli Bebout and Nathan Winters, are ALEC membersSF 74 has passed unanimously out of its Senate Judiciary Committee and now moves onto the full floor.

ALEC‘s model bill, in turn, was based on two Oklahoma bills, HB 1123 and HB 2128. The Sooner State bills, now official state law, likewise impose felony sentencing, 10 years in prison, and/or a $100,000 fine on individuals who “willfully damage, destroy, vandalize, deface, or tamper with equipment in a critical infrastructure facility.” As DeSmog has reported, the Iowa bill has the lobbying support of Energy Transfer Partners — the owner of the Dakota Access pipeline (DAPL) which runs through the state — as well as that of the American Petroleum Institute and other oil and gas industry companies.

ALEC brings together primarily Republican Party state legislators and lobbyists to enact and vote on “model” legislation at its meetings, which take place several times a year. Within different task forces at these meetings, corporate lobbyists can voice their support or critiques of bills, while also getting a vote. Those bills often then are introduced as legislation in statehouses nationwide, as in this latest example in Wyoming.

Hydraulic fracturing (“fracking”) in Wyoming has helped the state vastly increase its natural gas production and spurred pipeline build-out. However, multiple studies in recent years have also linked fracking-related activities around the small town of Pavilion to groundwater contamination.

Image: Center for Media and Democracy

Targeting ‘Ecoterrorism’

Wyoming’s bill, like the ALEC model bill and one of the Oklahoma bills, includes language implicating any organization “found to be a conspirator” and lobbing a $1 million fine on any group which “aids, abets, solicits, encourages, hires, conspires, commands, or procures a person to commit the crime of impeding critical infrastructure.”

State Senate Judiciary Committee Chairman Leland Christensen, a Republican and one of the bill’s co-sponsors, said when he introduced the bill that legislative language was needed to hold accountable those “organizations that sponsor this kind of ecoterrorism.”

The fiscal note for the Wyoming bill says that the “fiscal impact to the judicial system is indeterminable,” while also discussing the prospective costs of incarcerating people under the auspices of the legislation.

“The Department of Corrections states that the impact of the bill is indeterminable as there is currently no way to accurately estimate the number of offenders that will be sentenced pursuant to the bill,” reads the fiscal note. “Each year of incarceration currently costs the state approximately $41,537 per inmate, including medical costs. Each year of community supervision costs the state approximately $2,000 per inmate.”

ALEC Model Confirmed

One co-sponsor of the Wyoming bill, its sole Democratic supporter, Rep. Stan Black, told WyoFile.com that the bill was inspired by what took place at the Standing Rock Sioux Reservation and that SF 74 was based on the ALEC model bill.

Shortly after ALEC members voted to adopt the Oklahoma legislation as a model bill, Oklahoma’s HB 1123 was also adoptedby the corporate-funded Council of State Governments (CSG) as a piece of “Shared State Legislation” (SSL) at its own annual meeting held just a week later.

One of the state legislative officials sitting on CSG‘s Committee on Shared State Legislation, North Dakota’s Republican Rep. Kim Koppelman, has a long history of involvement with ALEC, and throughout 2017 he spoke critically of the Indigenous-led movement against the Dakota Access pipeline.

ND Rep. Kim Koppelman; Photo Credit: North Dakota Legislature

“One of the major issues we dealt with was several bills introduced in response to the violent protests at the site of the Dakota Access pipeline,” Koppelman wrote in a February 2017 article halfway through the North Dakota Legislature’s session. “As you may know, peaceful protests led by Native American tribes began this summer but they attracted others from throughout the nation and deteriorated into illegal occupation of sites on federal land, trespassing on private land, blocking of roadways and some incidents of violence.”

At the beginning of 2017, Koppelman co-sponsored three pieces of North Dakota legislation, which crack down on pipeline protests. Two of them passed and are now state law.

The bills “struck a good balance to ensure everyone’s constitutional right to peacefully protest, which we cherish, but to provide for appropriate consequences when anyone crosses the line into anarchy, terrorizing or destruction of property,” wrote Koppelman in his article. “These bills have been fast tracked to give law enforcement the tools they need.”

After DeSmog filed an open records request pertaining to Koppelman’s ALEC and CSG efforts in this area, he told DeSmog, “I have no documents or records concerning the subject of your request but, even if I did, you should be aware that, under North Dakota Century Code Section 44-04-18.6, communications and records of a member of the North Dakota Legislative Assembly are not subject to disclosure.”

In a follow-up email exchange, Koppelman told DeSmog that he “had no role in bringing the bill” to CSG and does not know who did so.

“Frankly, I don’t even specifically recall the bill you’ve inquired about, without going back to review it,” Koppelman told DeSmog. “I also don’t recall who may have supported or opposed it at that meeting, either on the Committee or among the members of the public in the audience.”

For the ALEC bill, Koppelman also said he could not speak to its origins as a model or who has pushed it at the state-level since becoming a model.  When asked by DeSmog if CSG records the Shared State Legislation meetings or keeps minutes, Koppelman said that he does not believe so “because the result of meetings and the committee’s work is in the published volume” of Shared State Legislation which CSG disseminates annually.

CSG has in the past, though, kept meeting minutes of its SSL voting sessions, doing so as recently as 2014. Those minutes included an attendance list, which listed nearly three times the number of lobbyists present as state legislators and showed industry attendees representing both the American Gas Association and the Consumer Energy Alliance.

According to a letter obtained and published by HuffPost, the ALEC model bill has also enjoyed the backing of the American Gas Association, American Chemistry Council, American Fuel & Petrochemical Manufacturers (AFPM), and Marathon Petroleum.

Industry, Cops Push ALEC Bill in Wyoming

According to a follow-up story by WyoFile.com, the Wyoming Senate Judiciary Committee had Wyoming Business Alliance lobbyist Cindy DeLancey, rather than the lead sponsor, Sen. Christensen, introduce the bill in front of the committee.

Before taking over as head of the Wyoming Business Alliance, DeLancey worked as a director of government and public affairs for BP, where she did “government and public affairs support for the Leadership Team of the Lower 48 North Business Unit,” according to her LinkedIn profile. DeLancey’s Wyoming Business Alliance biography also shows that she formerly served as the chair of the Petroleum Association of Wyoming’s Government and Public Relations Committee. She did not respond to a request for comment.

Wyoming Business Alliance steering committee members include representatives from the Petroleum Association of Wyoming, Chesapeake Energy, Devon Energy, and Jonah Energy. Petroleum Association of Wyoming leadership committees consist of representatives from companies such as Devon Energy, Chesapeake Energy, BP, Anadarko Petroleum, and other companies, while its board of directors lists officials from those companies, plus ExxonMobil, EOG Resources, Halliburton, Williams Companies, and others.

WyoFile.com has reported that, according to a document received from Sen. Christensen, the Petroleum Association and other oil and gas companies have also come out as official supporters of the bill, along with law enforcement representatives. The Wyoming bill’s official backers include the Wyoming Association of Sheriffs and Chiefs of Police, the Wyoming Business Alliance, the Petroleum Association of Wyoming, the Wyoming Petroleum Marketers Association, American Fuel and Petrochemical Manufacturers (AFPM), Holly Frontier Corporation, Anadarko Petroleum, and ONEOK.

According to a special events calendar obtained by DeSmog, the Wyoming Business Alliance hosted a reception at the Cheyenne Botanic Gardens on February 12, just days after Wyoming bill SF 74 was introduced on February 9.

On March 1, ALEC will also host a reception at the Nagle-Warren Mansion Cheyenne, according to that calendar, with invited guests asked to RSVP to Wendy Lowe or David Picard. Picard currently has no oil and gas industry lobbying clients, according to his lobbying disclosures, but his lobbying firm’s website says he formerly did so for companies such as Shell, BP, and Marathon. He did not respond to a request for comment for this story.

According to lobbying disclosure forms, Lowe works as a lobbyist for Williams Companies, a major pipeline company with over 3,700 miles of pipeline laid in Wyoming. Lowe also formerly served as associate director of the Petroleum Association of Wyoming, according to her LinkedIn Profile.

Wyoming ALEC Pipelines Bill

Credit: Wyoming State Legislature

Lowe, the private sector chairwoman for ALEC in Wyoming as of 2014, won the state chair of the year award from ALEC in 2012. She has also previously received corporate-funded “scholarship” gifts to attend ALEC meetings as an official Wyoming representative, according to a 2013 report published by the nonprofit watchdog group Center for Media and Democracy.

An ALEC newsletter from May 2011 shows that, at an ALEC event Lowe co-hosted in 2011 in Wyoming, she praised the organization for “creating a unique environment in which state legislators and private sector leaders can come together, share ideas, and cooperate in developing effective policy solutions.”

The Center for Media and Democracy also reported in 2014 that Lowe, a former Peabody Energy lobbyist, gave a presentation titled, “Increasing Travel Reimbursement Income” at an ALEC meeting in Chicago in 2013. But Lowe told DeSmog that, although she attended the Senate hearing on the bill, she did not know about it until it was proposed and is not lobbying for it.

National Sheriffs: DAPL Full Circle

At a state Senate Judiciary Committee hearing on the Wyoming bill, Laramie County Sheriff Danny Glick also came out in support of the legislation, warning that a situation similar to Standing Rock could happen in Wyoming.

One of our Niobrara county commissioners already has graffiti going up — ‘No DAPL’ — in that area up there,” Glick said at the hearing, referring to the shorthand for the Dakota Access pipeline. Glick, an Executive Committee member and Immediate Past President of the National Sheriffs’ Association, was one of the most supportive sheriffs pushing what has been characterized as a heavy-handed and militaristic reaction by law enforcement to the activism at Standing Rock.

Under the direction of Glick, Laramie County sent officers to the Dakota Access protests under the auspices of the Emergency Management Assistance Compact (EMAC), triggered after North Dakota’s Republican Governor Jack Dalrymple issued an emergency order on August 19, 2016. Glick too, spent time at Standing Rock and spoke at a press conferencealongside Morton County Sheriff Kyle Kirchmeier on October 6, 2016.

Laramie County Sheriff Glick. Credit: National Sheriffs’ Association Facebook Page

Glick, who attended a roundtable meeting at the White House in February 2017 with President Donald Trump and other sheriffs, was also previously CC‘d on a set of emails obtained by DeSmog and Muckrock in which the National Sheriffs’ Association and public relations firms it had hired wrote talking points in an attempt to discredit those who participated at Standing Rock. Those talking points said to describe the anti-pipeline movement as rife with “anarchists” and “Palestinian activists” who used violence and possessed “guns, knives, etc.”

‘Worst Instincts of Power’

Critics say the Wyoming bill could have far-reaching and negative impacts, if it becomes law, both in terms of criminal sentencing and for First Amendment rights. The American Civil Liberties Union of Wyoming, for example, has come out against the bill on both grounds.

The Sierra Club in Wyoming agreed, saying in an email blast that the bill is “explicitly designed to crush public opposition to projects like the Dakota Access and Keystone pipelines, by preventing the kind of protests that occurred at Standing Rock.”

Even people representing industry interests and within the Republican Party have come out against the bill as it currently reads.

This bill appeals to the absolute worst instincts of power,” Larry Wolfe, a Wyoming attorney who represents the oil and gas industry, said at a hearing about the bill, according to WyoFile.com. “We the powerful must protect things that are already protected under existing law.”

Republican Senator Cale Case largely echoed the concerns put forward by Wolfe.

This country has been through WWII, civil unrest in the 1960s and a heck of a lot more, but we didn’t need legislation like this,” Case conveyed in an email to WyoFile.com. “Good laws already exist to protect property without this chilling impact on free speech.”

Be Dangerous

     by Max Wilbert / Deep Green Resistance

Have you heard the incredible news about Jessica Reznicek and Ruby Montoya, two activists who sabotaged the Dakota Access Pipeline? In early August, the two women admitted to committing multiple acts of eco-sabotage against the Dakota Access Pipeline (DAPL). They made their statement on video in front of the Iowa Utilities Board, talking about what they had done, reading their press release, and then started to tear down the sign of the Utilities Board.

The two women were arrested for that action, then released on bail. Their home has since been raided by the FBI and materials have been confiscated in an ongoing investigation. I highly recommend you read their press release. It’s fascinating.

These two are likely to be charged with serious crimes, and we urge you to follow their case for ways that you can support them.

One of the things that’s most important about their press release is in reference to a specific act of sabotage the two women carried in May 2017. This action was hidden from the public. At the time of the event, Energy Transfer Partners described it as an accident. They covered up the fact that the delay was due to sabotage.

There are certain situations in which it’s in a corporation’s or government’s best interest to disclose that there has been sabotage to drum up public opposition and outrage, invoke terrorism or whatever the latest political specter is in order to make people afraid, boost budgets, and allow the further curtailment of civil liberties.

However, there are other situations in which it’s in their best interest to hide what is going on—to not tell people about these attacks. Obviously, this was one of those circumstances. The  thought process of managers at Energy Transfer Partners must have been something like this: “We don’t want people doing copycat actions, we don’t want people understanding that these tactics can be effective, that sabotage can be effective at stopping this pipeline.”

Two people alone made a huge difference using these tactics. They delayed the pipeline for months. That’s something that tens of thousands of people involved in the public Standing Rock protests were barely able to match. While nobody was ultimately able to stop the pipeline, the fact that two women with no training and almost no money were able to seriously damage and delay the pipeline is a testament to how effective sabotage can be.

The reason Jessica and Ruby came forward is that they wanted the truth to be known. To me, that’s very important. It’s inspiring. It points to the fact that there are likely many more of these actions happening than we know about. It’s not in the corporations’ best interest to tell us, because these stories of resistance are inspiring and they know that. This is a dangerous thing, and they know that.

See Max Wilbert’s video here.  DGR interviewed Jessica Reznicek and Ruby Montoya about their actions.  Read their interview here.

Eco-Sabotage: Two Women Admit to Sabotaging Dakota Access Pipeline

Eco-Sabotage: Two Women Admit to Sabotaging Dakota Access Pipeline

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.

Water is Life, oil is death.

Jessica Reznicek and Ruby Montoya

Gulf Coast Environmental Justice Organizers launch the L’eau Est La Vie (Water is Life) Camp

Gulf Coast Environmental Justice Organizers launch the L’eau Est La Vie (Water is Life) Camp

     by Indigenous Rising

Springfield, LA – Following legal victories for the Tribes at Standing Rock, Water Protectors in Southern Louisiana will open the L’eau Est La Vie (Water is Life) Camp tomorrow. The launch marks the next fight to protect Indigenous rights, life-giving water and to stop Energy Transfer Partners from committing acts of environmental injustice.

The Indigenous Environmental Network announced the opening of the camp with a video, highlighting, Cherri Foytlin who represents IEN’s interests in the Bayou. The video explains the connection between the Bayou Bridge and Dakota Access Pipeline, the Houma tribe, and all people who will be impacted by these pipelines, and why completion of the Bayou Bridge pipeline must be stopped.

Watch the video below, and learn more about the L’eau Est La Vie (Water is Life) Camp and the lead organizers rising up on the frontlines of the fighting for environmental justice to protect Indigenous rights, clean water, and rapidly disappearing wetlands on the Gulf Coast.

The following is a statement from Monique Verdin, councilwoman of the Houma Nation:
“I’m not sure if we are at the head or the tail of the black snake; But we already got enough pipelines, 83,000 miles running through Louisiana. Miles of old infrastructure, built across the Mississippi River Delta’s coast decades ago, surrounded by a disappearing landscape in some of the most vulnerable territories in the world, enduring rising tides and more frequent, powerful and unpredictable weather conditions. Louisiana has sacrificed enough, we don’t need another risk of oil in our waters. It’s one thing if you can’t fish. It’s another thing if you can’t drink water. Over 300,000 people depend on the Bayou Lafourche, for their drinking water in the heart of Houma territory. We don’t need another pipeline. We need clean water.”

The following is a statement from Cherri Foytlin, of BOLD Lousiana:
“The corporation Energy Transfer Partners (ETP) has proven themselves to be untrustworthy in regards to their moral responsibility to preserve both human and ecological rights. Whereby they have obfuscated the truth, sabotaged democracy, destroyed our lands and water, and even hired mercenaries to injure our people, we have but one recourse, and that is to say ‘you shall not pass.’ No Bayou Bridge! We will stop ETP. They are not welcome here – not in our bayous, not in our wetlands, not in our Basin, not under our lands or through our waters. Period.”

DAPL Approval Illegal, Judge Finds

DAPL Approval Illegal, Judge Finds

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.”