Dakota Access

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. 

Trump Attorney Sues Greenpeace Over Dakota Access in $300 Million Racketeering Case

Protesters in San Francisco march in support of indigenous efforts against the Dakota Access pipeline

Energy Transfer Partners, owner of the Dakota Access pipeline, has filed a $300 million Racketeer Influenced and Corrupt Organizations (RICO) lawsuit against Greenpeace and other environmental groups for their activism against the long-contested North Dakota-to-Illinois project.

In its 187-page complaint, Energy Transfer alleges that “putative not-for-profits and rogue eco-terrorist groups who employ patterns of criminal activity and campaigns of misinformation to target legitimate companies and industries with fabricated environmental claims and other purported misconduct” caused the company to lose “billions of dollars.” 

In the case, Energy Transfer is represented by lawyers from the firm Kasowitz Benson Torres LLP, one of the namesakes of which is Marc Kasowitz. Kasowitz is a member of the legal team representing President Donald Trump in the ongoing congressional and special counsel investigation of his 2016 presidential campaign's alleged ties and potential collusion with Russian state actors. The press release announcing the filing of the lawsuit details that Kasowitz attorney Michael J. Bowe is leading what the firm describes as an ongoing probe into the environmental groups' “campaign and practices.”

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.

Dakota Access Security Firm's Top Adviser Led Military Intelligence Efforts for 1992 LA Riots

James 'Spider' Marks

By Steve Horn and Curtis Waltman

Retired Major General James “Spider” Marks chairs the advisory board for TigerSwan, a private security firm hired by Energy Transfer Partners to help police protests of the Dakota Access pipeline — an approach for which Marks has shown vocal support.

DeSmog has found that Marks also headed up intelligence efforts for the task force which brought over 10,000 U.S. military troops to police the 1992 riots following the acquittal of Los Angeles Police Department members involved in beating Rodney King. In addition, Marks, a long-time military analyst for CNN, led intelligence-gathering efforts for the U.S. military’s 2003 “shock and awe” campaign in Iraq, which was dubbed “Operation Iraqi Liberation.”

In recent months, Marks has endorsed Dakota Access and its southern leg, the Bayou Bridge pipeline. He has shown this support by writing op-ed pieces published in various newspapers and on the website of a pro-Dakota Access coalition run by a PR firm funded by Energy Transfer Partners.

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.”

Climate-Denying Group Led by Trump Strategist Lobbied for Dakota Access, Keystone XL

Tony Fabrizio

The Center for Individual Freedom (CFIF), a conservative advocacy, lobbying, and electioneering group led by a strategist for Donald Trump’s presidential campaign, has lobbied for both the Dakota Access and Keystone XL pipelines.

Tony Fabrizio, a veteran Republican tactician and lead pollster, chairs CFIF’s Board of Directors, according to its 2017 incorporation filings, submitted in Florida. Documents from the state show that Fabrizio signed off on CFIF’s forms back in 2004.

According to federal lobbying disclosure forms, the group's team of lobbyists, at the end of 2016, engaged with then-President Barack Obama's staff to express “concern with ongoing violent protests and obstruction of the Dakota Access Pipeline and [to urge] allowance of construction to continue without any further delay.”

In Heat of Dakota Access Protests, National Sheriffs' Association Lobbied for More Military Gear

SWAT team

By Steve Horn and Curtis Waltman

At the end of 2016, as a mix of sheriffs, police, and private security forces were clashing with those protesting the Dakota Access pipeline at the Standing Rock Sioux Reservation, the National Sheriffs' Association was lobbying Congress for surplus military gear and on undisclosed issues related to the now-operating oil pipeline. This information comes from federal lobbying disclosure forms reviewed by DeSmog.

These Industry Titans Oppose Trump's Order to Build Pipelines with U.S. Steel

sections of steel pipe for a gas pipeline

The April 7 deadline has come and gone for public comments on President Donald Trump's executive order calling for U.S. pipelines to be made with U.S.-produced steel, and some of the most influential titans of industry have come out against it.

The list of heavy-hitters who have voiced their discontent includes the likes of Dakota Access pipeline-owner Energy Transfer Partners, Russian-owned pipe producers Evraz North America and TMK IPSCO, and pipeline giants Williams Companies and EQT Midstream. It also includes the oil and gas industry at-large through its trade association and lobbying groups, such as the American Petroleum Institute (API), Independent Petroleum Association of America (IPAA), Association of Oil Pipelines, American Fuel & Petrochemical Manufacturers (AFPM), and others such as Magnolia LNG

Noticeably absent from the list is TransCanada, owner of the recently approved Keystone XL pipeline, which the Trump administration has said is exempt from the order. Both Keystone XL and Dakota Access will use steel made by Evraz North America, whose parent company is owned by a close political ally of Russian President Vladimir Putin, as previously reported by DeSmog.

How the Koch Machine Quietly Pushed for the Dakota Access Pipeline and Stands to Profit

The Dakota Access pipeline being built in central Iowa

Quietly and behind the scenes, a front group funded by the Koch family fortune has lobbied and advocated for the soon-to-be-operating Dakota Access pipeline, a project in which a Koch subsidiary stands to profit.

A DeSmog investigation reveals that the group, the 60 Plus Association, pushed in recent months for Dakota Access both on the state and federal level. In Iowa, which the pipeline bisects, 60 Plus advocated on the project's behalf in front of the Iowa Utilities Board, which ultimately gave pipeline owner Energy Transfer Partners the permit it needed. And 60 Plus has lobbied for the pipeline nationally as well.

Ultimately, the profits from Dakota Access will be seen by Koch subsidiary Flint Hills Resources. The finding by DeSmog comes just days before Dakota Access will officially open for business.

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