Army corps Denies Easement for DAPL
The Army Corps of Engineers has decided to deny the easement for the construction of the Dakota Access Pipeline.
The decision essentially halts the construction of the oil pipeline about half a mile south of the Standing Rock Sioux Reservation. The decision also comes as demonstrators across the country flocked to North Dakota in protest.
"Our prayers have been answered," National Congress of American Indians President Brian Cladoosby said in a statement. "This isn't over, but it is enormously good news. All tribal peoples have prayed from the beginning for a peaceful solution, and this puts us back on track."
Jo-Ellen Darcy, the the Army's assistant secretary for civil works, said after talking with tribal officials and hearing their concerns that the pipeline could affect the drinking water, it became "clear that there's more work to do."
"The best way to complete that work responsibly and expeditiously is to explore alternate routes for the pipeline crossing," Darcy said in a statement.
The Army Corps says it intends to issue an Environmental Impact Statement with "full public input and analysis."
http://www.npr.org/sections/thetwo-way/2016/12/04/504354503/army-corps-denies-easement-for-dakota-access-pipeline-says-tribal-organization?utm_source=npr_newsletter&utm_medium=email&utm_content=20161204&utm_campaign=breakingnews&utm_term=nprnews
Tags
Who is online
473 visitors
Thank God!!!
I just spoke to a fellow last night, that said the COE has lived through budget cuts, since Reagan, to where their research budget is no more... I'm sad that they will be unable to do the good things they do, BUT, at least, in this case, their budget woes may have caused enough trouble that they will think twice before doing something stupid like this again.
I wonder what the pipeline people will do? I would think they would leave, and seek out a new route, or whatever... Somehow, though, I doubt that they will leave quietly, and somehow I think that more trouble is coming. Please, dear vets, don't abandon our water warriors until the pipeline people go away...
If this is true, which I hope that it is, it was the power of a small group of Standing Rock citizens. 40 that started this and with a gofundme page asking for $5,000..It has grown into the largest gathering of tribal nations in our history. They, joined by many of thousands of others, some famous and most just ordinary citizens continued to protect the water and their land.
With the announcement by ''Veterans Stand For Standing Rock'' and ''Veterans For Peace'', the movement became a movement for all people of this country.
Over the last few days hundreds and hundreds of Vet's came to Standing Rock. Today on FB the video's show car after car, truck after truck and bus after bus arriving at Standing Rock. Hundreds upon hundreds of Vet's willing to stand with the people of Standing Rock.
This is what America is really about, the common man, Red, White, Black and Yellow standing their ground and fighting for what is right, no matter the odds.
The vet's are staying with the people, the water protectors. We will wait until DAPL moves out..
This is an interview with a Veteran that is there now and it is well worth reading and letting his words sink in.
Native veterans at the camps have made their presence felt since Veterans Day. Army vet Zhooniya Ogitchida said he chose to walk alone to Backwater Bridge to speak to law enforcement on December 2. "I walked up to the frontline wearing my uniform with my Sergeant rank, my name tape, U.S. Army patch and flag. Behind me were hundreds and hundreds of water protectors,” Ogitchida recounted. “I wanted to walk up alone and as I did, they began to take their positions. Some Sheriff's captain and a few other officers came to greet me. I stood on top of a concrete barrier, looked at all of the officers behind concertina razor wire and the wet, abandoned clothes of water protectors who were attacked by water cannons, concussion grenades and rubber bullets.
“I told them, ‘I am a 10-year, two-time war veteran. I am not a protestor, I am an Ogitchida, a warrior. I am here to protect these people from you. I am a defender of the Constitution. I came to see this for myself. I saw the rubber bullets, I saw the gas, I saw the attack dogs. I saw the water cannons used in freezing temperatures. I saw the riot gear and the violence inflicted on so many U.S. citizens.
“’I see how you've been mistreating my people.
"’I am the first of many warriors to come. If you're going to shoot rubber bullets, shoot them at me, at this uniform.’ Then what looked liked a thousand water protectors came walking up behind me. We prayed and then peacefully turned away.”
Read more atIt is true, I've confirmed it from 4 other sources...
The battle does not end here. President elect Trump stated that he is in favor of the pipeline.
I'm reminded of the book, ''Citizen Solider'' written about the common men and women from World War II, that did what they felt was right and became the ''Greatest Generation''....
A salute to the Standing Rock Sioux, the Great Sioux Nation, all the Native Nations that stood by their side. All of the non Indians that became Water Protectors and to the Veterans, who never forgot their oath...Protect from all enemies, both foreign and domestic....I am so very proud.
Powerful article, K. Thanks. Looks like our side won this issue. Must keep the vigilance that the Army Corps or the oil companies do not screw this up!
Actually DD, no, our "side" has not won. DAPL still has to revisit their EIS with alternate routing - and we all know what that can lead to.
Front page news on WLKY! LINK
Also on WAVE: LINK
I just hope that the pipeline people go away. Not to come back, but go away for good!
Could clean drinking water have won one for once? Wow!!!
The political right is blaming President Obama and hoping that Donald Trump rides to the rescue
North Dakota Republican Rep. Kevin Cramer says that the Army Corps' decision not to grant an easement for the Dakota Access oil pipeline is "a very chilling signal" for the future of infrastructure in the U.S.
Cramer said in a statement that infrastructure will be hard to build "when criminal behavior is rewarded this way," apparently referring to the large protest encampment on federal land and the clashes between demonstrators and law enforcement.
The Corps said Sunday afternoon that the pipeline cannot be built under Lake Oahe, a Missouri River reservoir where construction had been on hold.
The route has been the subject of months of protests by the Standing Rock Sioux tribe and others, who have argued the pipeline threatens a water source and cultural sites.
Cramer also said that "law and order" will be restored when Donald Trump takes office and that he feels bad for the Corps having to do "diligent work ... only to have their Commander-in-Chief throw them under the bus."
___
Typical of Cramer who is on Trumps, Energy Team...
I wonder if Cramer called Amon Bundy and his bunch lawless? Doubtful. The hypocrisy of our "representatives" is astounding.
Well, congratulations to the not in my back yard camp on your temporary victory.
This will change when there is a different commander in chief giving the orders.
Enjoy it while you got it, just do us all a favor, please don't drool over putting hundreds of millions of americans at greater risk of environmental disaster cause of your political agenda.
Just remember, they haven't said they are quitting, they are just going to re-do what was already done, affording a delay, that is all. Particularly with a federal judge clearly stating that they did all they were required to do and rejecting this exact argument.
A temporary political victory, and the real war hasn't actually started.
Enjoy it while you got it, cause it isn't going to last long.
Well said. This will be reversed in January.
It's really, really evident that you have no understanding of NEPA Cerenkov. Since the ACOE denied this particular "right of way", the oil company, in an effort to continue with their project, now has to submit a revised EIS showing the alternate route they will NOW try to put the pipeline through.
The project isn't stopped. It is simply put on hold until the new/revised EIS is submitted and the ACOE/Interested Parties review, comment and potentially come to an agreement on for the new routing. The energy company CAN NOT go the route they had planned at the insistence of the citizens of Bismarck.
Lol? Really? I have participated in many EISs in my career. I guarantee I know much more than you on this subject.
Ahhh - you wanna do the my peter is bigger than yours????? How 'bout 33 years of doing NEPA - instructing, writing AF Instructions, CFR guidance, counseling Installation commanders of their responsibilities, working with Tribal/Nation leaders on their need to participate, assisting rewrite of CEQ guidance/instruction, coordinating/working with numerous DoD agencies, EPA, ACOE, DOI, DOE, etc. on THOUSANDS of projects - and much more if you'd be interested in reading.
Your turn.
Nice. I concede your greater experience! My apologies!
One of the reasons I retired last year - way too political and too much back stabbing going on - had a Massive Cardiac Arrest and the Cardiac "Doc" and my Primary Physician gave me no choice - retire or else die on the job.
Ah well - golf everyday is a bitch, lemme tell ya that.
I feel your "pain"!
Not a very good comment NWM. First off the not in my backyard is a faux argument. That not in my backyard supplies water for roughly 17 million people. Your probably not aware of this but nearly 100% of the water for St. Louis is from the Missouri river. The Missouri river supplies 50% of all water used in Missouri. Now if you want to add in ND, SD, IA and IL you'll find that ''not in my backyard is truly a phony argument.
Did you dream up the number, hundred's of millions of Americans being put at risk because of this decision. Where did you get that number from?
Next the decision was not to stop the pipeline but to change the route around Lake Oahe...simple isn't it. We could go back to the original route that took it through Bismarck ND. What do you think about that?
Or even better route it straight to the West Coast, Seattle or Tacoma would be perfect for it...How about that NWM?
And I thought you had stated that you weren't going to comment on any of the Native American articles anymore NWM.
That was short lived.
To further show that you have absolutely no idea what you're talking about, read this:
In Friday's ruling , U.S. District Judge James E. Boasberg acknowledged that "the United States' relationship with the Indian tribes has been contentious and tragic." But he went on to say that the Army Corps "likely complied" with its obligation to consult the tribe, adding that the tribe "has not shown it will suffer injury that would be prevented by any injunction the Court could issue."
On the heels of that ruling, however, the Justice Department, the Department of the Army and the Interior Department announced that construction in an area of Army Corps' land that is particularly significant to the tribe will not go forward pending further evaluation.
" The Army will not authorize constructing the Dakota Access pipeline on Corps land bordering or under Lake Oahe until it can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws," the statement read.
Ya see NWM, the court has no power over a subject not addressed which was the construction in the Lake Oahe vicinity.
a federal judge clearly stating that they did all they were required to do
The judge's ruling was based on - In Friday's ruling , U.S. District Judge James E. Boasberg acknowledged that "the United States' relationship with the Indian tribes has been contentious and tragic." But he went on to say that the Army Corps " likely complied" with its obligation to consult the tribe.
In legalese, that simply sez that the judge didn't read the EIS - because there wasn't one to read in that ND DOES NOT REQUIRE ENVIRONMENTAL REVIEWS of energy projects. However, the Federal Government does and they have a helluvalot more power than ND.
Why don't you get back to not commenting on Native American threads.
"They, joined by many of thousands of others, some famous and most just ordinary citizens continued to protect the water and their land."
Joined as well by thousands of supporters from other countries, even overseas.
Unvortunately the battle may well escalate when Trump takes over.
there is such a thing as winning the battle , and losing the war.
the ACOE will be doing EIS's , all the pipeline company has to do is backtrack 51 miles either side of the reservation, and stay outside the 50 mile buffer that the tribes have legal authority to have a say in . smart money will say wait it out , but I'm going to bet they ( the pipeline company) will simply pay for an EIS on an alternate route as I described above.
as for pipe already in the ground, cap the ends and leave it set , the land they purchased , write it off on what taxes they will pay and use it as staging areas for repair supplies and maint sheds.
It would be ironic , IF after the ACOE does their studies , the current route and plans are the best and safest , but they also stated they will look at alternate routes, so we wait and see what happens.
From a hydrogeological point of view, 51 miles is a pretty good distance. Far enough that there would be plenty of time for a sentinel well to detect contaminants entering the aquifer from the area... YAY, I hope!
Sentinel wells are relatively cheap and easy to drill, and all you need is a small $200 pump to sample it-- the tests would be the expensive part, about $300 a pop. (For BTEX- benzene, toluene, ethyl benzene and xylene.) But, if sampled every 3-6 months, that would be ample. And still allow warning, so that something could be done to recover the lost product before it entered the aquifer.
It occurred to me that people may not know what I am talking about... So here is an illustration of sentinel wells:
Sentinel wells are placed at some distance from the potential contaminant plume. They wouldn't have to be very deep, but should be screened through the thickness of the aquifer. A solar powered pump would enable each well to be pumped for sampling purposes.
Sample collection is fairly easy, and the tests aren't all that expensive. Notice the background well, placed at a point "above" the contaminant plume. It's not that hard to set up, nor it is that expensive to monitor.
Just a thought!
Thanks Dower, that shows and explains it well.
Thank you, dear Kavika! This is from a professional paper written in New Jersey-- about their use of sentinel wells as a tool to combat contamination of an aquifer. They can really give someone a head's up as to what is coming... And, thankfully, they're not that expensive to install and monitor. Something I would think would be doable for the Standing Rock Sioux!
Not only for Standing Rock, but for all those below the pipeline.
Exactly! I know the STanding Rock tribe doesn't have much $$ for this, but a few thousand dollars would enable the installation, and save everyone a LOT of trouble!
If the oil companies want to do it right, this should be part of the cost to them for doing business.
The lack of oversight of the pipeline people is astonishing to say the least.