North Dakota

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

A Lakota man locked himself to construction equipment building the Dakota Access pipeline

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).

As Trump Unfurls Infrastructure Plan, Iowa Bill Seeks to Criminalize Pipeline Protests

People rally at Standing Rock to protest the Dakota Access pipeline in December 2016

The Iowa Senate has advanced a bill which critics say could lead to the criminalization of pipeline protests, which are being cast as “terrorist activities.” Dakota Access pipeline owner Energy Transfer Partners and other companies have lobbied for the bill, Senate Study Bill 3062, which opens up the possibility of prison time and a hefty fine for those who commit “sabotage” of critical infrastructure, such as oil and gas pipelines.

This bill, carrying a criminal punishment of up to 25 years in prison and $100,000 in fines, resembles the Critical Infrastructure Protection Act, a “model” bill recently passed by the American Legislative Exchange Council (ALEC). That ALEC bill, intended as a template for state and federal legislation, was based on Oklahoma's HB 1123, which calls for citizens to receive a felony sentencing, $100,000 fine, and/or 10 years in prison if their actions “willfully damage, destroy, vandalize, deface, or tamper with equipment in a critical infrastructure facility.”

According to disclosure records, corporations lobbying for the Iowa bill include not only Energy Transfer Partners, but also Koch Industries, the American Petroleum Institute, Valero Energy, Magellan Midstream, and others. The Iowa State Police Association has also come out in support of the bill, while the American Civil Liberties Union (ACLU) of Iowa is against it. The bill has passed out of subcommittee and next goes in front of the state Senate Judiciary Committee.

This Law Firm Is Both Representing Dakota Access Owner and Suing Its Security Firm

A police officer stands near protesters with signs against Dakota Access blocking the entrance to an Army Corps building

Energy Transfer Partners, owner of the Dakota Access pipeline, has filed a federal lawsuit against Greenpeace and others for alleged racketeering in their anti-pipeline activism related to Standing Rock. The company’s legal support comes from the firm Kasowitz Benson Torres LLP, whose attorneys also represent President Donald Trump in the ongoing Russia-U.S. election investigation.  

However, federal court rules require that, in addition to the New York-based team at Kasowitz, Energy Transfer Partners must retain local legal counsel in North Dakota, where the lawsuit was filed. The bottom of the 187-page legal complaint filed on August 22 reveals that the corporation chose Vogel Law Firm, with offices in both Minnesota and North Dakota, for that job.

However, by serving as a law firm for Energy Transfer Partners, Vogel may have a potential conflict of interest. That's because, at the same time, the firm is representing the North Dakota Private Investigation and Security Board in its ongoing lawsuit against TigerSwan. This private security firm worked on behalf of Dakota Access during the months-long protest movement at the Standing Rock Sioux Reservation in Cannon Ball, North Dakota.

‘Poison’ PR Campaign Has Biased Jury Pool, Say Dakota Access Protester's Lawyers

The defendant, Red Fawn Fallis, right, at her mother's memorial.

By Steve Horn and Curtis Waltman

As tensions rose at Standing Rock last fall, Red Fawn Fallis was one of many arrested at the scene of the Dakota Access pipeline (DAPL) protests near Cannon Ball, North Dakota. However, her charges stood apart: Attempted murder of police officers, an indictment later dropped for lesser charges.

Still, the claim that Fallis shot at police has stuck in the minds of North Dakotans who may have to judge her culpability and is one reason she could not get a fair trial in the area, her lawyers argueAttorneys for Fallis, a 38-year-old Oglala Lakota Sioux woman from Colorado, have posited that the case should be moved to a different federal court district.

Their argument, made in a pair of recent pre-trial motions for a venue change, revolves around the public relations campaign waged by law enforcement, private security, and public relations firms hired by Dakota Access owner, Energy Transfer Partners. That campaign was headed by firms such as TigerSwan, the National Sheriffs' Association, Delve and Off the Record Strategies, as reported by The Intercept and DeSmog.

The recent motions pushing for a venue shift cite as exhibits multiple documents and emails previously obtained and published by DeSmog and The Intercept, along with other law enforcement communications and media efforts. 

Emails Show Iraq War PR Alums Led Attempt to Discredit Dakota Access Protesters

militarized police presence lined up in North Dakota against Dakota Access pipeline protesters

By Steve Horn and Curtis Waltman, MuckRock

Behind the scenes, as law enforcement officials tried to stem protests against the Dakota Access pipeline, alumni from the George W. Bush White House were leading a crisis communications effort to discredit pipeline protesters.

Emails show that the firms Delve and Off the Record Strategies, apparently working on contract with the National Sheriffs’ Association, worked in secret on talking points, media outreach, and communications training for law enforcement dealing with Dakota Access opponents mobilized at the Standing Rock Sioux Reservation in Cannon Ball, North Dakota. This revelation comes from documents obtained via an open records request from the Laramie County Sheriff's Department in Wyoming.

Louisiana Joins Compact Which Brought Out-of-State Cops to Dakota Access Protests

Militarized law enforcement lined up and in armored cars at Standing Rock

By Steve Horn and Curtis Waltman

On June 19, Louisiana’s Democratic Governor John Bel Edwards signed a bill into law which will enter his state into the Emergency Management Assistance Compact (EMAC).

EMAC is the compact which last year gave out-of-state cops the legal authority to flood into North Dakota during the protests against the Dakota Access pipeline, owned by Energy Transfer PartnersThe Louisiana bill, SB 151, was signed as Energy Transfer Partners has another pipeline proposed to run through Louisiana, the Bayou Bridge pipeline. Bayou Bridge is an extension of Dakota Access, set to run from Nederland, Texas, to refinery markets and export terminals in Louisiana.

The compact, signed into existence by President Bill Clinton in 1996, was created in the aftermath of Hurricane Andrew with the intent of expediting and bolstering natural disaster response efforts. But the federal legislation creating the compact also has language allowing for a governor of a state to issue an emergency order in the case of the rise of an “insurgency or enemy attack.”

Bakken Oil Now Flowing in Dakota Access Pipeline But Oil Trains to Remain on Tracks

Oil train cars

By Steve Horn and Justin Mikulka

One of the arguments often made for building more oil pipelines is that they will lead to fewer trains hauling oil, with proponents further positing that pipelines are safer than oil trains.

With oil now flowing through the Dakota Access pipeline (DAPL), some analysts and industry lobbyists have predicted that there will be a significant reduction in oil-by-rail traffic from the Bakken region in Montana and North Dakota. That prediction has come despite the fact that Dakota Access owner Energy Transfer Partners actually owns an oil-by-rail facility connecting to the pipeline in Patoka, Illinois, with major Bakken producers such as Hess Corporation saying 30 percent of their oil will still move via rail.

Rick Perry, Climate Denier and Dakota Access Pipeline Owner Board Member, Named Energy Secretary

Rick Perry

Former Texas Republican Governor Rick Perry, a boardmember of Energy Transfer Partners — owner of the Dakota Access Pipeline (DAPL) — has been named U.S. Secretary of Energy by President-elect Donald Trump.

Perry, the former chairman of the Interstate Oil and Gas Compact Commission (IOGCC), ran for president as part of the Republican Party primaries in 2015, but his campaign ended quickly. He announced his run for the Oval Office in 2015 while facing felony charges for official state corruption in Texas.

Army Corps Commander Ordering Evacuation of Standing Rock Protesters Has Conflicting Heroes in Ayn Rand, Martin Luther King

Left, Ayn Rand. Right, Martin Luther King, Jr. mug shot

By Branko Marcetic

Colonel John W. Henderson has some peculiar heroes.

Little is known about the head of the U.S. Army Corps of Engineers’ Omaha District, whose name has been in the news following his original Friday decision to evict Standing Rock protesters from the Oceti Sakowin camp set up on the Corps’ property north of the Cannonball River. On Sunday, he appeared to reverse any plans for the forced removal of protesters, but reinforced that the camp would still be closed.

Yet in an interview conducted last year, Henderson revealed an incongruous pair of personal idols: radical pro-free market author Ayn Rand and civil rights hero Martin Luther King, Jr. 

Lobbyist for Dakota Access Formerly Led Army's "Restore Iraqi Oil" Program

Screen shot of Robert Crear.

Robert Crear, one of the lobbyists working for Dakota Access pipeline co-owners Energy Transfer Partners and Sunoco Logistics, formerly served as a chief of staff and commanding general for the U.S. Army Corps of Engineers. 

The Army Corps and other federal agencies are currently reviewing the permit granted for the controversial pipeline's construction near the Missouri River and Lake Oahe in North Dakota, and the Army Corps has reserved final authorization to complete construction on Corps land until after formal government-to-government consultations with the tribes are completed later this month.

Before he became a lobbyist, Crear headed up the Army Corps project, “Task Force: Restore Iraqi Oil” during the early years of the U.S. occupation of Iraq under the George W. Bush administration. This finding by DeSmog comes as the law enforcement presence has become increasingly militarized and additional forces pour into North Dakota from states nationwide under the auspices of the Emergency Management Assistance Compact (EMAC)

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