Tag Archives: Dakota Access Pipeline

Delegation seeks settlement of Dakota Access protest costs


BISMARCK, N.D. (AP) — North Dakota’s congressional delegation is calling on President Donald Trump’s administration to address the state’s year-old request for $38 million to cover the cost of policing protests against the Dakota Access oil pipeline.

U.S. Sens. John Hoeven and Kevin Cramer and U.S. Rep. Kelly Armstrong sent a letter Thursday urging Attorney General William Barr and Acting Defense Secretary Patrick Shanahan to settle the state’s claim, the Bismarck Tribune reported.

North Dakota’s attorney general filed an administrative claim against the Army Corps of Engineers last year, accusing the agency of letting protesters illegally camp on federal land in North Dakota in 2016 and 2017. It also argued the Corps didn’t maintain law and order when thousands gathered to protest the $3.8 billion pipeline built by Texas-based Energy Transfer Partners.

The pipeline was designed to move North Dakota oil through South Dakota and Iowa to a shipping point in Illinois.

The Corps inaction “required North Dakota to provide a sustained, large-scale public safety response to prevent deaths, and protect property and public safety, including that of the protesters,” Attorney General Wayne Stenehjem wrote in the funding request at the time.

The state delegation is now asking Barr and Shanahan to recognize the state’s public safety response during the prolonged and sometimes violent protests.

Justice Department spokesman Wyn Hornbuckle declined to comment on the delegation’s letter. The Defense Department also didn’t immediately provide comment.

The delegates’ request came on the same day that a federal appeals court ordered the dismissal of a lawsuit filed by environmental and Native American groups who sought to block construction of the Keystone XL oil pipeline. Opponents of the $8 billion pipeline from Canada to the U.S. have threatened similar protests to those against the Dakota Access pipeline.

By Associated Press, June 12, 2019

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Standing Rock Sioux tribe challenges Corps findings on Dakota Access pipeline

A Standing Rock Sioux flag flies over a protest encampment near Cannon Ball, North Dakota, where members of the Standing Rock nations and their supporters gathered to voice their opposition to the Dakota Access Pipeline. (Photo by Robyn Beck/Getty Images)

The Standing Rock Sioux tribe, which is leading a four-tribe lawsuit against the four-state pipeline built by Texas-based Energy Transfer Partners, in court documents filed Thursday asked a federal judge to reject the findings.

“The corps has conducted a sham process to arrive at a sham conclusion, for the second time,” tribal Chairman Mike Faith said in a statement.

The pipeline has the capacity to move half of the oil produced daily in North Dakota, the nation’s second-leading producer behind Texas. It passes just north of the Standing Rock Reservation, beneath a Missouri River reservoir that is the tribe’s water source.

The pipeline has been moving North Dakota oil through South Dakota and Iowa to a shipping point in Illinois since June 2017. That same month, U.S. District Judge James Boasberg ruled that the Corps largely complied with environmental law when permitting the pipeline but needed to do more study of its impact to tribal rights. The Corps filed its work with the court in late August.

Standing Rock’s challenge says the Corps “failed to grapple with extensive technical input provided by the tribe and others undermining its conclusions.” The major example the tribe offered is information it says shows the Corps has underestimated the risk and impact of an oil spill.

The tribe continues to maintain that the only lawful way to resolve the matter would be through a full environmental study that includes consideration of route alternatives.

The Corps had planned to do a more extensive environmental study before President Donald Trump took office in January 2017 and pushed through completion of the stalled project. The agency said in court documents in August that the additional study concluded a more thorough review is unwarranted. The tribe asks Boasberg to reject that conclusion.

By Associated Press

[SOURCE]

Greenpeace wants Dakota Access racketeering suit dismissed

Protesters march along the pipeline route during a protest against the Dakota Access pipeline near  Standing Rock, North Dakota. REUTERS

BISMARCK, N.D. — The lone remaining environmental group facing racketeering accusations by the developer of the Dakota Access oil pipeline has asked a federal judge to be dismissed from the case.

Greenpeace attorneys on Tuesday filed documents arguing that revised allegations by Texas-based Energy Transfer Partners under the Racketeer Influenced and Corrupt Organizations Act are “generalized and implausible.”

ETP initially sued Greenpeace, Earth First and BankTrack last year for up to $1 billion, alleging they worked to undermine the $3.8 billion pipeline that’s now shipping North Dakota oil to a distribution point in Illinois. The lawsuit alleged the groups interfered with company business, facilitated crimes and acts of terrorism, incited violence, targeted financial institutions that backed the project, and violated defamation and racketeering laws. The groups maintained the lawsuit was an attack on free speech.

U.S. District Judge Billy Roy Wilson this summer dismissed both BankTrack and Earth First as defendants. In July, he denied a motion by Greenpeace to be dismissed, as well, but he also ordered ETP to revise the lawsuit that he said contained vague claims. Company lawyers did so last month.

Greenpeace attorneys maintain that “ETP has utterly failed to follow the court’s direction,” and that the amended lawsuit “contains much the same inflammatory, insubstantial language” as before.

ETP spokeswoman Vicki Granado declined comment, citing company policy against commenting on active litigation.

Company lawyers on Tuesday asked Wilson to reconsider his late August order that the company identify 20 unnamed individual defendants in its lawsuit within a month or have them dismissed as defendants. ETP wants the opportunity to gather more evidence to properly identify the people that it alleges played a role in inciting a massive protest against the pipeline while it was being built.

Protests by groups and American Indian tribes who feared environmental harm resulted in 761 arrests in southern North Dakota over a six-month span beginning in late 2016.

ETP also is suing five named individual defendants: two Iowa women who have publicly claimed to have vandalized the pipeline; two people associated with the Red Warrior Camp, a protest group alleged to have advocated aggressive tactics such as arson; and Virginia resident Charles Brown, who the company alleges is “a pipeline campaigner for Greenpeace” and specializes in interfering with ETP projects including the Bayou Bridge Pipeline in Louisiana.

Brown filed an affidavit Tuesday stating he began working for Greenpeace after the Dakota Access protests and that “I have never lived in or travelled to North Dakota.”

Greenpeace attorneys called the inclusion of Brown as a defendant “baffling” and “possibly sanctionable.”

By Blake Nicholson – The Associated Press

Source: Nationalpost.com

Red Fawn Fallis Sentenced to 57 months in Federal prison

Red Fawn Fallis

Red Fawn Fallis has been sentenced for her role in a shooting incident during the Dakota Access pipeline protests.

According to media reports, Fallis, 39, was sentenced Wednesday to four years and nine months in federal prison.

Fallis, a member of the Oglala Sioux tribe, was accused of firing a handgun three times while resisting arrest on Oct. 27, 2016. No one was hurt.

She pleaded guilty Jan. 22 to civil disorder and illegal possession of a gun by a convicted felon. Prosecutors agreed to drop another weapons charge.

Prosecutors were recommending seven years in prison, though U.S. District Judge Daniel Hovland could have gone as high as 15 years.

Fallis did not get credit for time served in a halfway house after she was arrested in January for violating her pretrial release agreement. Judge Hovland says he is recommending placement in Phoenix or Tucson, Ariz.

Fallis is also sentenced to three years of supervised probation after her release; including special conditions of drug and alcohol treatment and treatment for mental health issues.

The sentence can be appealed within 14 days of the judgement being signed.

Fallis’s arrest was one of 761 that authorities made during the height of the Dakota Access pipeline protests near Standing Rock, North Dakota in 2016 and 2017.

Red Fawn Fallis Back in Custody on Pretrial Release Violation

Red Fawn Fallis stands outside the Federal Courthouse in Bismarck, N.D.

Pipeline protester accused in shooting arrested by US Marshals Service 

Red Fawn Fallis was arrested by US Marshals in Fargo Thursday for violating conditions of her pretrial release.

Fallis was charged for allegedly firing a handgun three times during her arrest at a Dakota Access Pipeline protest in October 2016. No one was injured.

U.S. District Judge Daniel Hovland agreed in June to allow Fallis to move from jail to a halfway house over the objections of prosecutors. She was moved in October.

The High Plains Fugitive Task Force said a federal warrant was issued before Fallis was arrested without incident at a halfway house in Fargo around 5 p.m on Jan 18.

She was supposed to attend GED courses at the Adult Learning Center in Fargo Thursday morning, but never showed up, according to a petition filed by Fallis’ pretrial Services officer. She was also allegedly half an hour late returning to the halfway house.

Fallis was arrested after she returned and taken to the Cass County Jail, where she’ll remain in custody of the U.S. Marshals Service until further order by the court.

It was reported Wednesday that Fallis reached a plea deal for her DAPL related charges.

She is scheduled to appear in Bismarck’s federal court Monday to plead guilty to civil disorder and gun possession to avoid trial.

Attorneys for Fallis said the decision was based on anti-protester sentiment in the area and unsuccessful attempts to have a judge order the prosecution to turn over more information, including details about an FBI informant Fallis alleges seduced her and owned the gun.

Her arrest Thursday won’t affect the hearing, but it could result in her being sent back to jail as the case proceeds.

Fallis was among 761 pipeline opponents arrested by authorities between August 2016 and February 2017 during protests led by the Standing Rock Sioux tribe in North Dakota.