Author Topic: Judge orders environmental review of Dakota Access pipeline  (Read 820 times)

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Offline Smokin Joe

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Judge orders environmental review of Dakota Access pipeline
« on: March 25, 2020, 09:50:04 pm »
Judge orders environmental review of Dakota Access pipeline
https://www.msn.com/en-us/news/us/judge-orders-environmental-review-of-dakota-access-pipeline/ar-BB11HuMr?li=BBnb7Kz

Quote
FARGO, N.D. (AP) — A federal judge on Wednesday ordered the U.S. Army Corps of Engineers to conduct a full environmental review of the Dakota Access pipeline, nearly three years after it began carrying oil.
U.S. District Judge James Boasberg wrote that the easement approval for the pipeline remains “highly controversial” under federal environmental law, and a more extensive review is necessary than the environmental assessment that was done.
>snip<

Boasberg ordered both parties to submit briefs on whether the pipeline should continue operating during the period of the new environmental review.

That last, if ruled for a shutdown, would eliminate over 500,000 barrels of takeaway capacity for the Williston Basin in the western part of North Dakota, effectively forcing the producers in the Bakken/Three Forks play to seek rail transport. That would intensify the deleterious effects of the current oil price crash on the economy of the State.

The whole protest was an attempt to extort money from the pipeline company which refused last minute modifications of terms for a route across the Reservation in favor of just going around it. 

The only leaks in the pipeline were those put there by environmental terrorists, and those were not in ND.
The Obama administration had ordered multiple environmental reviews when that process was finally halted by Trump, the protesters, in the meantime, had destroyed over a million dollars worth of construction equipment, done at least as much damage to area landowners livestock and property, blocked roads for months, damaged infrastructure, burned vehicles and when they left, left 720 semi-loads of trash and debris, as well as a body wrapped in a tarp (that in a small creek).

A note about the judge who ruled on this....
Quote
James Emanuel Boasberg is a judge on the United States District Court for the District of Columbia. He joined the court in 2011 after being nominated by President Barack Obama. Boasberg was appointed by Chief Justice John Roberts to join the United States Foreign Intelligence Surveillance Court on May 19, 2014.

The Washington Times has a list of his "accomplishments", which leaves me little doubt that the Judge is dead set on defying this administration at every turn.https://www.washingtontimes.com/topics/james-e-boasberg/

More info at Wiki: https://en.wikipedia.org/wiki/James_E._Boasberg
« Last Edit: March 25, 2020, 09:52:28 pm by Smokin Joe »
How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

C S Lewis

Online Fishrrman

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Re: Judge orders environmental review of Dakota Access pipeline
« Reply #1 on: March 25, 2020, 11:37:51 pm »
Appeal this upwards, and do it quickly!

Offline IsailedawayfromFR

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Re: Judge orders environmental review of Dakota Access pipeline
« Reply #2 on: March 26, 2020, 12:18:57 am »
This is judicial run amok.

Isn't there are legal mechanism where one cannot go back and rewrite the rules.

If the endeavor was already approved, seems it should not be run through another gauntlet.
No punishment, in my opinion, is too great, for the man who can build his greatness upon his country's ruin~  George Washington

Offline Smokin Joe

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Re: Judge orders environmental review of Dakota Access pipeline
« Reply #3 on: March 26, 2020, 03:56:59 am »
This is judicial run amok.

Isn't there are legal mechanism where one cannot go back and rewrite the rules.

If the endeavor was already approved, seems it should not be run through another gauntlet.
Not just approved but moving half a million+ barrels of oil per day. The economic effect of any shutdown, especially with the current price drop, would be devastating on the patch and the State.
It sure looks like some people are systematically undoing the good things Trump has done. IIRC, under Obama there had been multiple assessments, and archaeologists rereouted the pipeline over 100 times to avoid cultural sites, along every step of the way. While this might seem all PC and such if one's knowledge of the project and protest were limited to the Washington Post version, it is egregious abuse of regulations to add uncertainty in hard times, and to delay or impede legitimate progress at worst.
Pull this on another country, especially after everything had been given the green light and put in operation without incident would be casus belli.
Another Obama holdover strikes, one who has ties to the FISA court as well.
How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

C S Lewis

Offline Smokin Joe

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Re: Judge orders environmental review of Dakota Access pipeline
« Reply #4 on: March 27, 2020, 03:59:54 am »
This judge has given new credence to the machinations of a protest group and affiliates who created their own environmental disaster on Corps of Engineers land, and cost the State of ND over $80,000,000.00 in policing and cleanup costs, not to mention the millions in damage to private property, mutilated livestock and other criminal acts done in the name of being "Water Protectors".
The pipeline does not cross Tribal Land.
Others associated with these protests were caught tampering with active pipelines in three locations, actions which could have resulted in disaster had not the operators been paying attention, acts of environmental and domestic terrorism.
The only leaks the pipeline has had were the result of intentional damage to the line itself, believed to be the actions of those who would, in turn, protest any spill which resulted.

This matter had been settled, and should have been dismissed with prejudice, but instead has been reopened, placing the livelihoods of thousands and the economy of a region at risk, especially when timed to coincide with a crash in crude oil prices in the global markets.

This is just one example of the sabotage going on quietly behind the smokescreens of the Impeachment follies and the Coronavirus pandemic.

Yes, there have been five leaks over the pipeline's history:

March 3, 2017, Watford City ND, 84 gallons (two stock tank barrels)
March 5, 2017, Zap, ND, 20 gallons                       (<1/2 barrel)
April 4, 2017, Tulare, SD, 84 gallons                      (two stock tank barrels)
April 23, 2017, Patoka, IL, 168 gallons                   (four stock tank barrels)
November 14, 2017, Cambridge, IA, 21 gallons       (1/2 barrel)
(Source: https://theintercept.com/2018/01/09/dakota-access-pipeline-leak-energy-transfer-partners/ )

Note that oil volumes for trade are measured in the standard unit of a stock tank barrel, which is 42 US gallons.
Estimates of volume lost such as 2 barrels, or half a barrel, would produce the sort of gallon equivalents above, and that conversion from barrels (standard unit of measurement) to gallons is often done to provide larger numbers in a sensationalist effort. 

(Note that the first oil transported went through on May 14, and the pipeline did not go into full operation until June 1, 2017. FOur of five of the above spills must have occurred during testing for integrity. )

Also of Note: Intentional damage was done to the pipeline by some extreme protesters. https://www.desmoinesregister.com/story/news/2017/07/24/dakota-access-protesters-claim-responsibility-pipeline-sabotage/504136001/   Although this damage was discovered during checks for integrity before the line went into full operation.

To put that in perspective, the total spilled, in all noted incidents, is 9 barrels, in a series of one-time events.
In full operation, the pipeline transports 470,000 barrels of crude oil daily.

From June 1, 2017 to today (March 26, 2020) is 1029 days, which amounts to 483,630,000 barrels of crude oil transported. Total spillage: 0.00000186%.

According to the Massachussetts Department of Environmental Protection,
Quote
Americans spill 180 million gallons of used oil each year into the nation’s waters.
source

Compared to the 9 barrels of crude total spilled (1/2 barrel since going into full operation), Americans spill over 4,285,714 barrels of used oil annually (just 365 days, not the 1029 of the DAPL operations), over 476,000 times more oil, and used oil tends to have far more toxic metal content than crude oil, that content the result of engine or drive train wear.

It is likely more oil has leaked from the protesters vehicles than the pipeline.



How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

C S Lewis

Offline IsailedawayfromFR

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Re: Judge orders environmental review of Dakota Access pipeline
« Reply #5 on: March 28, 2020, 07:23:30 pm »
Am betting any ocean-going vessel has more leaks of sewage, fuel and residue than those reported volumes, so why does the judge not just deem them all not to operate?

Yeah, let's shut down everything that spills fuel in small quantities.

Would be like shutting down for a wannabe virus epidemic.
No punishment, in my opinion, is too great, for the man who can build his greatness upon his country's ruin~  George Washington

Offline Smokin Joe

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Re: Judge orders environmental review of Dakota Access pipeline
« Reply #6 on: March 28, 2020, 09:58:33 pm »
Am betting any ocean-going vessel has more leaks of sewage, fuel and residue than those reported volumes, so why does the judge not just deem them all not to operate?

Yeah, let's shut down everything that spills fuel in small quantities.

Would be like shutting down for a wannabe virus epidemic.
According to Science Direct,
Quote
The average yearly petroleum spills into North American waters is about 260,000 tons, and annual worldwide estimates of petroleum input to the sea exceed 1,300,000 tons (NRC, 2002).

Note how the numbers are minimized somewhat by being referred to in tons (a standard reference, like barrels in the oil patch), but that is 78,520,000 gallons (crude conversion factor of 302 gallons per ton for diesel fuel) --or over 1,869,000 barrels of fuel oil dumped into coastal waterways annually, just so we can compare barrels to barrels.


Consider that the press on the coasts was giving a distorted account of the 'Evil' Pipeline, the 'saintly' protests, and various and sundry evils of anything and everything associated with "fracking" (which they obviously had absolutely no knowledge of, especially as evidenced by their constant confusion over what constituted an "oil rig"--evidenced by pictures of everything from pump jacks to workover rigs to drilling rigs, all called "fracking rigs" in the captions).

Of course, the liberal media was having a field day giving lurid and fictitious accounts of how "Evil Big Oil" was tearing willy-nilly through the countryside, destroying native shrines and rototilling burial grounds in their quest for destroying the planet with a pipeline that leaked like a soaker hose.
All WRONG, of course, but since when has the truth stood in the way of Coastal publications sensationalizing anything and everything about the lives of those who live and work in the area between the Mississippi River and the Rockies for fun and profit?

The oil spilled in parking lots, dripped at the gas pumps, blown out vents in transmissions and differentials, and working its way around the seals in drive lines and power steering units across America has been estimated to be 180 Million gallons (90,000,000 barrels) a year, not contained by berms or impermeable location pads, spills and contaminated material to be removed and remediated by law, but instead, sluicing down into storm sewers and into waterways unimpeded by so much as a sediment dam on the way off the highways and parking lots.

Compare that to the 289 gallons of crude oil leaked over a 1000 mile plus pipeline which has already handled over 20.3 BILLION gallons of crude oil (483,630,000 barrels).  Consider that only 21 gallons (1/2 barrel) of crude were spilled since the pipeline went into full operation, and that some of that was a direct result of sabotage by "environmentalists".

A study of the route of the pipeline indicates many small scale zigs and zags in the route, alternates taken for the express purpose of avoiding disturbing cultural sites. A chip of flint is enough, if it appears to be man made, to denote a "cultural site"--that's a pretty low bar. But archaeologists were working along the route, to identify such in time to make those adjustments.
As for disturbing human remains, well, no. Even 'nonbelievers' tend to leave graves alone out of nagging superstition of somehow being cursed for disturbing the rest of the dead, a concept heavily ingrained in our culture. In the century (and then some) since the reservation boundaries were settled, if my ancestors were buried outside of that area, I would make it a priority to control that land, through purchase, agreement, or decree by lawful agencies. Any ground considered 'sacred' would have been under direct Tribal control long ago.

Of course, there is the claim that Tribal Land is 'threatened' by the presence of a pipe in the ground that does not cross Tribal Land. The line was re-routed to avoid Tribal Land, as I understand it, after a deal with the Tribe for a Right-of-Way easement fell through, when, allegedly, the tribe suddenly tripled their asking price, after an amount had already been agreed upon. The response to that sudden increase was a cost benefit analysis which found it to be cheaper to just go around the Reservation. 
The protests started not long after that, and went viral, driven by the press releases of various environmental groups which publicized the protest on line, claiming some sort of moral high ground, while destroying property, blocking roads, mutilating livestock, terrorizing residents, and generally causing more pollution than the pipeline construction ever would, aided by not being directly subject to the same laws and standards imposed on a commercial entity by the Obama Administration. Arrests for acts of vandalism and destruction of property, among other things, were of people who were 90+% from outside the State.
No one did an EIS on the protest camps, but the state and Federal Governments got stuck with hauling away 720 semi truckloads of trash, garbage, and debris, recovering a body from one of the tributary creeks where it had been disposed of, and dealing with the aftermath including engineering assessments and repairs to a bridge damaged by burning vehicles to block the road. Molotov cocktails were left out of the Coastal news accounts, along with an improvised explosive device that nearly cost one protester her arm, only reporting how the attempted firebombing of LEOs was greeted by fire hoses.

A Judge in Washington DC, fed on East Coast news accounts of the incidents surrounding protests over placing a pipe with walls twice the thickness of the ordinary pipeline through a directionally drilled hole routed 90 feet below the former riverbed at the bottom of a man made lake has ruled for yet another environmental assessment, apparently with a sympathetic ear to the professional whiners and environmental groups which have wreaked or supported wreaking more havoc on the environment already than would ever be tolerated by construction crews or pipeline operators.

How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

C S Lewis