Federal Judge Orders Environmental Review of DAPL

A federal Judge decreed that the Army Corps of Engineers had done an Insufficient job reviewing the Environmental impact of the Dakota Access Pipeline (DAPL). The decision threatens to Shut Down the Pipeline. Pushing forward on the Pipeline was one of the early accomplishments touted by President Trump.

Under the National Environmental Protection Act (NEPA), Agencies are required to conduct Analyses of Environmental Impacts for a wide range of Government decisions including ones like allowing DAPL. These Environmental impact Statements (EIS) are extremely detailed and can take years to produce. They are intended to ensure that the Public gets to weigh in on Government decisions that Impact the Environment and that such Impacts are minimized, though not Eliminated. But here’s the thing, Courts have been very deferential to Government Agencies when they put the work into creating an EIS. In large part, when an Agency does a thorough job of Analyzing Environmental Impacts, even if those Impacts are large, the Courts rarely invalidate Agency decisions.

When the Courts Overturn the work of Agencies, it’s often because the Agency hasn’t done enough, or has ignored NEPA’s Requirements altogether. Indeed in the Case of DAPL, the Judge Ruled that the Army Corps of Engineers did not "adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice."
In other words, the Trump Administration, in its haste to reverse an Obama era Decision, didn’t do its homework and the Court slapped them down for it.

This is similar to what has happened to the Trump Administration in its attempt to create a Travel Ban. And as the Trump Administration looks to reverse other Obama decisions, like the Clean Power Plan, National Monument Designations, and Regulations across the Government, this is a not a good sign for the president. Governing is hard. The Obama Administration was Staffed by hundreds of the most talented people in Public Affairs. And while they put in place a wide array of Changes in Public Policy, they had their share of difficulties, the Rollout of healthcare.gov springs to mind.

In comparison, the Trump Administration remains woefully Understaffed. And as Legal problems swirl for the President and his closest Aides, they will continue to have difficulties finding Talented people to agree to work there. There have been newspaper reports that this is already the case. If the Obama Administration had challenges implementing Policy Changes, those difficulties will be much greater for the Understaffed Trump Administration. Regardless of whether a President wants to expand the Power of the Government or Contract it, he needs talented people around him and a Bureaucracy that is willing to work with him.

Trump has insulted the Bureaucracy continuously and failed to Appoint Political Officials to help him achieve his
goals. Trump’s supporters like to blame the “Deep State” for the lack of Accomplishments of the Trump Administration to date. It’s not so much the Deep State that is thwarting the President as the shallow Structure he has tried to Govern with.











NYC Wins When Everyone Can Vote! Michael H. Drucker

U.S. Oil Pipeline Nearly as Long as Keystone XL Has Been Fully Approved

During the XL Pipeline issue, I always said that a pipeline could have been built in the U.S. without State Department or Presidential approval, and would be transporting a better grade of oil.

Despite several months of heavy opposition, an oil pipeline slated to cut through four Midwestern States has all the Regulatory Permits it needs for full build-out.

The U.S. Army Corps of Engineers gave the final blessing to the Dakota Access Pipeline on Tuesday. Developers now have the last set of permits they need to build through the small portion of Federal land the line crosses, which includes major waterways like the Mississippi and the Missouri rivers.



The so-called Bakken Pipeline goes through mostly State and Private land in North Dakota, South Dakota, Illinois, and Iowa. It received the last State Permit in March. Construction has been ongoing in some areas, although some landowners have pending Court Cases as they object to the Eminent Domain powers the company got.

Tribes too opposed the project, claiming the pipeline would harm wildlife and Sioux sacred land in Northwest Iowa. The Army Corps of Engineers delayed their permits in part to review how Sacred Land could be avoided, and concluded the line would run underneath. The final set of permits approved relate to crossing waterways.

Starting in the oil rich Bakken Region of North Dakota, the Bakken Pipeline will run through four States before it reaches a market hub near Patoka, Illinois.

The pipeline will transport up to 570,000 barrels of sweet crude oil per day from North Dakota’s oil-rich Bakken Formation, to a market hub near Patoka, Illinois.

Critics have long said the pipeline could severely harm thousands of miles of fertile farmland, forests, and rivers if a spill were to occur. Federal agencies have said the Bakken Pipeline avoids “critical habitat.”

But Dakota Access, a subsidiary of Dallas-based Energy Transfer Partners, says it will use state-of-the-art monitoring equipment and shut-off valves. Personnel will be stationed along the more than 1,150-mile pipeline for further support. Yet U.S. pipelines spilled three times as much crude oil as trains over the period of 2004 to 2012, according to a recent study by the International Energy Agency. However, pipeline incidents happened much less frequently than oil train accidents.

The company says the benefits it will provide make it eligible for the Eminent Domain powers it got to condemn the land of Private Landowners who can decline to grant easements. More than 95% of the private land has been secured in Iowa. The company has secured all the land elsewhere, the Des Moines Register reported.

The company says the $3.8 billion project will create nearly 12,000 jobs, millions in taxes, and at least $195 million in easement payments to landowners. It moreover means less oil by rail and rail traffic in general, the company said. Officials and many union and business leaders have welcomed those benefits. "It will provide untold benefits to the security of our nation and our economic future," Ed Wiederstein, Chairman of the Midwest Alliance for the Infrastructure Now, said in a statement. "The agriculture industry, in particular, relies on affordable, easy to access energy and the Dakota Access project will provide value for decades to come.”

But the pipeline still has pending court cases, which in Iowa could prove lengthy and even reach the Iowa Supreme Court. A coalition of Iowa landowners says that the company shouldn't have eminent domain powers because it’s not a public utility. In addition, plaintiffs claim the Bakken pipeline is not a public improvement and does not serve any public use, according to court documentation.

The company is free to build on all State and Private land via eminent domain as needed because no court stay has been granted.

The Bakken Pipeline, comparable in length to the Keystone XL, is scheduled to be operational by the end of the year.











NYC Wins When Everyone Can Vote! Michael H. Drucker