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The Renewed Legal Challenge Against the Dakota Access Pipeline

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Source:  Earthjustice

 represents the Standing Rock Sioux Tribe in their lawsuit against the Army Corps. He is a staff attorney at Earthjustice.

A new chapter opens in the legal fight against the Dakota Access Pipeline, as the Standing Rock Sioux Tribe renews their lawsuit against the U.S. Army Corps of Engineers challenging its recently completed review of the pipeline’s impacts.

Attorney Jan Hasselman explains the significance of this legal development.

What happened on Nov. 1?

The Standing Rock Sioux Tribe filed a “supplemental complaint” in its existing lawsuit against the U.S. Army Corps over permits for the Dakota Access pipeline.

The supplemental complaint renews the lawsuit in response to new developments since the Standing Rock Sioux Tribe won part of its lawsuit against the Corps last year.

What decision is being challenged?

On Aug. 31, 2018, the Corps released a two-page document affirming the permits for DAPL, despite a court finding that they were critically flawed. The Corps released its long-awaited report on Oct. 1 explaining that decision. The Standing Rock Sioux Tribe Council, the Tribe’s governing body, voted unanimously on Oct. 18 to challenge the remand decision.

Today’s supplemental complaint challenges the Corps’ decision to affirm its original permits in the face of overwhelming evidence that they are flawed. Read the Corps’ report, redacted for public release:

READ THE REST OF THIS ARTICLE HERE.

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

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Under a new Wyoming law, could journalists or documentary filmmakers who might document any future protests be charged under “aids or abets” with any “favorable” coverage of the group protesting, like the Standing Rock Sioux?  What about new laws to charge oil companies who contaminate water with “ecoterrorism?”

Source:  desmogblog

By Steve Horn

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.

Credit: Center for Media and Democracy        (click on image to enlarge)

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.”

READ THE REST OF THIS ARTICLE HERE.

News from the pipeline Hired thugs attack peaceful protesters

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BRASSCHECK TV

The people who live there want to stop it. And out come the head crackers in blue – from six different states – to attack a protest camp on PRIVATE land.

Obama’s comment: “We’re going to let it ride.”

Everything you need to know about Obama summed up in one simple story.
“Authorities” = criminals who are screwing over their own citizens at the behest of corporations

Amy Goodman’s Legal Charges Concerning the Standing Rock Water Protests Dismissed

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Duty to Warn

new-logo25By Gary G. Kohls, MD

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“Everybody agrees that the Bakken oil discovery has cursed North Dakota in a multitude of ways. It has disrupted local communities with sex trafficking, drug trafficking, de-stabilizing inflationary pressures on everything, over-building of ramshackle lodging and the permanent poisoning of the land and underground water supplies because of the use of highly toxic fracking chemicals.”

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Energy Transfer Partner’s “Black Snake” (the Dakota Access Pipeline) is at Risk of Being Beheaded

This Monday, October 17, I watched some dramatic live coverage from Mandan, North Dakota on Democracy Now’s website. It is now available for viewing by anybody with online access.

The coverage showed the celebration of the official dismissal of the trumped up legal charges against Democracy Now’s Amy Goodman for 1) criminal trespassing and 2) incitement to riot that followed her investigative journalistic efforts earlier this fall as she and the Democracy Now crew were reporting on the efforts of nonviolent indigenous “water protectors” who are trying to protect their sacred water from corporate usurpers. North Dakota’s response to the nonviolent action of unarmed people was embarrassingly uber-militaristic. The state mounted a Gestapo-like defense in support of a giant multinational corporation that thinks it has a right to do whatever it wants to do with the planet’s dwindling and increasingly polluted natural resources.

The corporation involved this time is called Energy Transfer Partners, and it is threatening the drinkable Missouri River water with its multi-billion dollar Dakota Access Pipeline (DAPL, aka, the “Black Snake” that is mentioned further below).

Energy Transfer Partners (ETP) and their wealthy/greedy investors are in cahoots with equally greedy, gigantic, amoral mining corporations, oil corporations and investment banks, all of which are quite willing to exploit and even permanently poison public land, public water, public air and, by extension, the people who depend on the purity of those resources – all for the love of the almighty dollar.

Such sociopathic behaviors by corrupt crony capitalist entities are occurring all over the planet, including here in northern Minnesota (Enbridge, and the penny stock companies PolyMet and NorthMet are just three examples of extractive industries that are threatening the purity of just the St Louis River estuary that supplies sustenance to points south, including Duluth, Minnesota and the Great Lakes.) More

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