DAPL

Oil and Gas Industry's 2017 Suing Spree Could Set Speech-Chilling Precedents

Dimock, Pennsylvania resident Ray Kemble

In 2017, while the Trump administration absorbed media attention with its cries of “fake news,” the oil and gas industry was busy launching private legal actions across the U.S., attacking critics who presented information and opinions to the public.

Those lesser-noticed legal maneuvers, if successful in 2018, could create chilling new precedents, keeping important facts away from the public eye and making it more expensive and risky to talk about the fossil fuel industry's real and potential impacts on human health and the air, land, and water.

US Bank Declares End to Oil and Gas Pipeline Loans—Then Quietly Joins $4B Deal with Dakota Access Owner

US Bank logo

At a shareholder meeting this past spring, U.S. Bank announced it would be the first large American bank to completely stop issuing loans for oil and gas pipeline construction projects.

Environmental groups, indigenous activists, and divestment advocates hailed U.S. Bank's announcement as a triumph.

Yet that triumph — and the bank's commitment — seems less sure with the news that U.S. Bank has entered into a new $4 billion loan deal with the company behind the contentious Dakota Access pipeline (DAPL).

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.

Newspaper Owned By Fracking Billionaire Leaks Memo Calling Pipeline Opponents Potential "Terrorists"

Homeland Security report calling pipeline activists potential terrorists

The U.S. Department of Homeland Security (DHS) has published a report titled, “Potential Domestic Terrorist Threats to Multi-State Diamond Pipeline Construction Project,” dated April 7 and first published by The Washington Examiner

The DHS field analysis report points to lessons from policing the Dakota Access pipeline, saying they can be applied to the ongoing controversy over the Diamond pipeline, which, when complete, will stretch from Cushing, Oklahoma to Memphis, Tennessee. While lacking “credible information” of such a potential threat, DHS concluded that “the most likely potential domestic terrorist threat to the Diamond Pipeline … is from environmental rights extremists motivated by resentment over perceived environmental destruction.”

The Washington Examiner is owned by conservative billionaire Philip Anschutz, a former American Petroleum Institute board member. His company, Anschutz Exploration Corporation, is a major oil and gas driller involved in the hydraulic fracturing (“fracking”) in states such as Wyoming, Colorado, and New Mexico.

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.

UK Banks Continue to Bankroll Controversial Dakota Access Pipeline, as Green Party Calls for 'Immediate' Divestment

Dakota Access Pipeline – Oceti Sakowin

The Green Party has issued a letter to the chief executives of all UK banks currently financing the controversial Dakota Access Pipeline asking them to “immediately suspend all credit lines”.

Despite previous calls for British institutions to divest from the polluting project, financial data reveals Barclays and HSBC continue to bankroll the companies constructing the pipeline.

Signed by party co-leaders Caroline Lucas and Jonathan Bartley and four other party members, the Green Party letter calls on Barclays and HSBC to stop funding the U.S. pipeline project due to its impact on the climate and indigenous communities.

Calling the pipeline a “barrier to climate safety,” they write: “The Dakota Access Pipeline is a major fossil fuel infrastructure project, and thus represents exactly the kind of project that should no longer receive the support of those with a serious commitment to tackling the climate crisis.”

Leaked Audio: Dakota Access Pipeline Executive Says "Election Night Changed Everything" and DAPL "Is Going Through"

Dakota Access

Shaun King, a writer for the New York Daily News, has uploaded what appears to be a recorded audio file of Energy Transfer Partners' Chief Operating Officer saying that “election night changed everything” for the company as it relates to its embattled Dakota Access Pipeline.

King stated on social media and on the SoundCloud page on which he posted the file that a source sent him the file on December 13, hours after Matthew Ramsey — COO of Energy Transfer Partners — gave his speech. The source who gave King the audio, he explains on SoundCloud, “claimed to be in a corporate meeting at Energy Transfer Partners” and told him that the person speaking was Matthew Ramsey, the COO of Energy Transfer Partners. King also wrote that the recording was made during a mandatory company meeting.

“I've got to tell you, election night changed everything,” Ramsey apparently said in the 10-minute clip, the authenticity of which DeSmog could not independently verify. “We now are going into a transition where we are going to have a new President of the United States who gets it. He understands what we're doing here and we fully expect that as soon as he gets inaugurated his team is going to move to get the final approvals done and we'll begin to put [Dakota Access] across Lake Oahe.” 

Amid Concerns About Trump's Authoritarian Bent, Oil Executive Calls for "Strong Rule of Law"

Harold Hamm, America's richest energy billionaire and the CEO of shale driller Continental Resources,  spoke at the S&P Global Platts Global Energy Outlook Forum last Thursday with an unusual message.

“We've got a President coming in that understands the rule of law, that understands business,” Mr. Hamm said.

Mr. Trump's promoters often cite his business experience. Mr. Trump, however, has rarely been praised for his understanding of the rule of law — which is the fundamental concept that the rules apply to everyone, from the most to the least powerful, and that governments must respect people's rights.

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.

This Natural Disaster Assistance Law Is Why Other States Are Policing Dakota Access Pipeline Protests

Almost exactly 20 years ago, President Bill Clinton signed into law a bill creating an interstate agreement for emergency management. That inconspicuous law has opened the door for the current flood of out-of-state law enforcement agents present at the continuing protests against the Dakota Access Pipeline (DAPL) in North Dakota.

The Emergency Management Assistance Compact (EMAC) authorized states to enter into agreements with other states in order to share emergency management–related personnel during crisis situations. One of the only other times this compact was deployed outside of a natural disaster was for the Black Lives Matter protests in Baltimore after the death of Freddie Gray.

DeSmog reviews the use of this controversial authorization below. News is just breaking now that police are removing protesters at the site right now.

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