Bakken Shale

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.

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.”

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.

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.

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

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

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.

Behind Trump’s Push for "American Steel" in Pipelines, Another Russian Company with Putin Ties Stands to Benefit

In his speech at the Conservative Political Action Conference (CPAC) last week, President Donald Trump commemorated the one-month anniversary of his executive orders calling for the approval of the Keystone XL and Dakota Access pipelines, as well as one calling for U.S. pipelines to get their line pipe steel from U.S. facilities.

“I said, who makes the pipes for the pipeline?” Trump told the CPAC crowd. “If they want a pipeline in the United States, they're going to use pipe that's made in the United States, do we agree?”

But while the pipe may be made in the U.S., as DeSmog has shown in previous investigations, ownership tells a different story. Enter: TMK IPSCO, a massive producer of steel for U.S. oil country tubular goods (OCTG) and line pipe, and a subsidiary of TMK Group. A DeSmog investigation has found ties between TMK Group's Board of Directors and Russian President Vladimir Putin.

Dakota Access Owner Says Pipelines Safer Than Rail Yet Owns Rail Hub Connected to Pipeline

Oil train cars sitting on rail tracks

In response to the ongoing battle over the Dakota Access and Keystone XL pipelines, the oil industry and the groups it funds have started a new refrain: transporting crude oil through pipelines is safer than by “dangerous” rail.

It's a talking point wedded to the incidents over the past several years which have seen mile-long oil trains derail and even explode, beginning with the 2013 Lac-Megantic oil-by-rail disaster in Quebec, which killed 47 people. These trains were carrying oil obtained via hydraulic fracturing (“fracking”) from North Dakota's Bakken Shale basin. Bakken crude may be more flammable than other crude oils and is the same oil which would travel through the Dakota Access pipeline (DAPL), owned by Energy Transfer Partners.

What goes unsaid, however, is that the Dakota Access pipeline actually connects to an oil-by-rail hub, also owned by Energy Transfer Partners, in Patoka, Illinois. Patoka is the end point of this pipeline, where it links to both the rail hub and the Energy Transfer Crude Oil Pipeline Project (ETCOP).

What Do Louisiana Pipeline Explosion and Dakota Access Pipeline Have in Common? Phillips 66

The day after the U.S. Army Corps of Engineers gave the owners of the Dakota Access Pipeline (DAPL) the final permit it needed to build its line across Lake Oahe, which connects to the Missouri River, a natural gas liquids pipeline owned by one of the DAPL co-owners exploded and erupted in flames in Paradis, Louisiana.  Paradis is located 22 miles away from New Orleans.

That line, the VP Pipeline/EP Pipeline, was purchased from Chevron in August 2016 by DAPL co-owner Phillips 66. One employee of Phillips 66 is presumed dead as a result of the explosion and two were injured.

Pages

Subscribe to Bakken Shale