Bakken Shale

TigerSwan, County Sheriff Sued Over Road Blockade During Dakota Access Pipeline Protests

Read time: 6 mins
National Guard checkpoint

On October 18, two Standing Rock Sioux Tribe members and a pastor for an Episcopal Church on the reservation filed a class action civil lawsuit against state, county, and private law enforcement in the latest chapter of the Dakota Access pipeline (DAPL) saga. 

The plaintiffs allege that these groups were involved in a prolonged effort to blockade North Dakota State Highway 1806 to opponents of the controversial oil pipeline during the most heated protests from late October 2016 through early 2017.

Flip This Well: How Fracking Company CEOs Get Rich While Losing Billions

Read time: 9 mins
Flip this well logo on top of oil pumpjacks

Last year the fracking company Halcón Resources announced a new strategy that was sold as the path to profits for the previously troubled shale oil and gas firm. The company had sold its stake in the Bakken oil fields in order to double down on the Permian shale in Texas. At the time, Reuters touted the deal as a “stunning turnaround” for CEO Floyd Wilson, and the good news immediately drove up the Halcón stock price by 35 percent.

The sale of our Williston Basin operated assets transforms Halcón into a single-basin company focused on the Delaware Basin where we have more than 41,000 net acres,” Wilson said in a statement. He was making his pitch and investors responded.

However, the move was part of a familiar formula for those in the shale industry, which uses horizontal drilling and hydraulic fracturing (fracking) to release oil and gas from shale formations: Borrow lots of money, drill lots of fossil fuels at a loss, flip the company for a profit.

Why the Koch Network Took Credit for Dakota Access, Keystone XL, and REINS Act

Read time: 6 mins
Koch brothers

A leaked memorandum published by The Intercept and Documented Investigations shows that a Koch Industries' donors network, known as the Seminar Network, has taken credit for Donald Trump approving the permits for both the Dakota Access and Keystone XL pipelines during the first months of his presidency. The memo also applauded efforts by the Koch network's Americans for Prosperity (AFP) chapter in Wisconsin to pass a deregulatory measure there known as the REINS Act. The Seminar Network, which meets secretly twice a year, is made up of donors who give at least $100,000 toward Koch-led political and philanthropic efforts.

Koch Industries has a business interest in both pipelines, though their approval has not been something its funded network has widely discussed. Quietly, though, Koch has advocated for the pair of pipelines in regulatory hearings in both Iowa for Dakota Access — as previously reported by DeSmog — as well as in Canada, as reported in 2012 by InsideClimate News.

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

Read time: 6 mins
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.

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

Read time: 13 mins
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

Read time: 8 mins
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.”

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

Read time: 9 mins
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.

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

Read time: 5 mins
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.

Architect of Energy Secretary Rick Perry's Political Comeback Now Lobbies for Dakota Access Owner

Read time: 3 mins
Rick Perry

Federal lobbying disclosure forms for the first quarter of 2017 show that Jeff Miller, campaign manager for U.S. Energy Secretary Rick Perry's 2016 Republican presidential bid, now lobbies for the company which owns the Dakota Access pipeline.

The forms show that Miller is lobbying on behalf of Energy Transfer Partners (ETP) on “Issues associated with pipeline infrastructure development, midstream sector environmental compliance, and pipeline safety. Issues associated with partnership taxation.” Perry, after bowing out of the 2016 race, was named to ETP's Board of Directors. He stepped down from that role after being nominated by President Donald Trump as Energy Secretary.

Miller — formerly a lobbyist in California and adviser to both former California Governor Arnold Schwartzenegger and current Republican House Majority Leader Kevin McCarthy — is credited as the architect of Perry's political comeback and foray into the national political scene. After serving as the longest-tenured governor of Texas from 2000–2014, Perry was indicted by a grand jury in August 2014 on corruptions charges in Travis County, Texas, for abuse of power. Those charges were dismissed by the Court of Criminal Appeals of Texas in February 2016. 

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

Read time: 5 mins
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.

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