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Corps of Engineers says Standing Rock can’t sue over pipeline inaction • North Dakota Monitor

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Corps of Engineers says Standing Rock can’t sue over pipeline inaction • North Dakota Monitor


The U.S. Army Corps of Engineers says the Standing Rock Sioux Tribe’s latest lawsuit over the Dakota Access Pipeline should be tossed, arguing the tribe can’t sue the agency over a permit that hasn’t been granted yet.

The lawsuit, filed in October, accuses the Army Corps of unlawfully allowing the Dakota Access Pipeline to operate without an easement, a complete environmental assessment or sufficient emergency spill response plans. The tribe wants a federal judge to shut the pipeline down. 

The Army Corps of Engineers has jurisdiction over a part of the pipeline that passes below a reservoir on the Missouri River less than a half-mile upstream from the Standing Rock Reservation.

The agency for the past several years has been working on an environmental impact statement that, once finalized, will inform whether or not the Corps will grant the easement for that segment of the pipeline.

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Standing Rock argues the Corps should never have allowed the pipeline to operate while the study is still pending. 

Standing Rock has opposed the pipeline for years, saying it infringes upon the tribe’s sovereignty, has damaged sacred cultural sites and will pollute the tribe’s water supply.  

“The Corps has failed to act and failed to protect the tribe,” Standing Rock Chair Janet Alkire said in an October press conference announcing the lawsuit.

Standing Rock Sioux Tribe files new lawsuit over DAPL

The Army Corps previously approved the easement in 2017, but a federal judge revoked it in 2020, finding that the Corps violated environmental law by granting it without properly researching how the pipeline would affect the surrounding environment.

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U.S. District Court Judge James Boasberg consequently instructed the Army Corps of Engineers to complete the environmental impact study. Boasberg also ordered the pipeline to stop operating and be drained, though that demand was overturned by an appellate court.

In a 2021 ruling, Boasberg wrote he could not shutter the pipeline because the tribe hadn’t sufficiently demonstrated that it posed an immediate threat of irreparable harm.

Standing Rock’s latest lawsuit, which is also before Boasberg, seeks to bring new evidence to light, including a 2024 engineering report that raised questions about the construction of the pipeline underneath the reservoir, also known as Lake Oahe.

Still, the Army Corps wrote in its January filings that the evidence isn’t enough for Boasberg to change his position.

The Corps also said that Standing Rock cannot take the agency to court over the easement at this time.

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“At the heart of plaintiff’s complaint is a contradiction. The contradiction lies in the fact that the entire complaint is devoted to challenging a decision that has not yet been made,” the Corps wrote.

The tribe argues the Corps’ lack of a position on the pipeline’s continued operation is, in and of itself, illegal. It says that judges can order a federal agency to take action when that agency unlawfully fails to do so.

In his 2021 order, Boasberg also indicated the Corps could have taken a more firm stance on whether the pipeline should be allowed to continue operating while the environmental impact study is underway.

“Ever since this Court’s vacatur order in July 2020, and across two presidential administrations, the Corps has conspicuously declined to adopt a conclusive position regarding the pipeline’s continued operation, despite repeated prodding from this Court and the Court of Appeals to do so,” Boasberg wrote. He also said, however, that this matter was not the place of a court to decide.

The Corps claims that even if it does deny the easement under Lake Oahe, it doesn’t have the authority to shut the pipeline down.

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Pipeline owner joins lawsuit over Dakota Access Pipeline

Standing Rock accuses the Army Corps of several other violations in its complaint. For one, the agency should have closed the pipeline due to evidence its construction damaged Native sacred sites near Standing Rock in 2016, the tribe argues.

It also says the Army Corps should have required the pipeline developers to improve its emergency response plans and share them with Standing Rock in the case of a spill under Lake Oahe. 

The pipeline’s parent company denies the allegations that it damaged archeological sites and that the company failed to prepare and disclose adequate emergency response plans.

The Army Corps says Boasberg should reject these and other alleged violations raised by the tribe since the Corps is still working on its environmental review.

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It’s not the court’s role to review a federal agency decision until it’s final, the Corps wrote.

The Corps also says some of Standing Rock’s allegations are the jurisdiction of other federal agencies, like the Pipeline Hazardous Materials Safety Administration.

The more than 1,000-mile pipeline passes through North Dakota, South Dakota, Iowa and Illinois. Its pathway includes unceded land recognized as belonging to the Sioux Nation under an 1851 treaty with the U.S. government.

Pipeline company Dakota Access LLC, North Dakota and 13 other Republican-led states joined the lawsuit on the side of the Army Corps of Engineers.

Dakota Access in court documents emphasized its business interest in keeping the pipeline operational.

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The states have argued shutting down DAPL would harm the regional economy, violate state rights and make road and rail transit less safe.

The pipeline has provided tens of millions of dollars in tax revenue to North Dakota, South Dakota, Iowa and Illinois, the states said in documents filed in the lawsuit.

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San Francisco plots risky socialist bank modeled after controversial experiment

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San Francisco plots risky socialist bank modeled after controversial experiment


San Francisco voters will decide whether the city should have a public bank after city supervisors this week approved such a proposal to appear on the November ballot.

The city would be the first in the nation to have a municipal government-owned bank. Only the state of North Dakota runs a major public bank in the nation.

But the city’s proposal gives no answer as to where the estimated $325 million in start-up costs will come from as the city faces a $643 million budget deficit.

Supervisor Jackie Fielder has been pushing for a public bank. Facebook/Jackieforsf

“In a moment like this, asking voters to commit San Francisco to potentially running a financial institution is asking for trust the city has not yet earned,” said Supervisor Alan Wong, one of the two votes against placing the measure on the ballot.

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“Our city’s track record shows that meeting those demands is harder than it sounds, even for institutions designed with the right intentions,” he added.

Socialist Supervisor Jackie Fielder, who just returned from a months-long mental health leave, indicated that future legislation would figure out a revenue steam. Supporters of a bank wanted to get ahead of a 2028 expiration date for a state law that gives cities the power to create their own public banks.

“It feels like an incredible tool to add to the city’s tool kit,” Misha Steier, a spokesperson for the San Francisco Public Bank Coalition, told the San Francisco Chronicle. The coalition was founded by Fielder.

“This is the culmination of years and years of movement effort,” Steier said.

A city bank, supporters say, would unlock financing for thousands of housing units that lack funding to address the housing crisis. It could finance climate goals or lend to small businesses in the area.

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“This ensures we have an institution run by real bankers that is accountable, nevertheless, to public priorities and public policy priorities,” Fielder said.

Supervisor Chyanne Chen City and County of San Francisco

“We can build a public bank that prioritizes reinvesting back into what we all need to sustain our local communities,” added Supervisor Chyanne Chen, who brought forth the measure. “Let us use every tool at our disposal to keep the city affordable and to drive an economic recovery that leaves no one behind.”

The bank would be run by qualified bankers appointed by an oversight committee whose members would be selected by local officials. While it does not establish a revenue stream, the ballot measure would at least enshrine the bank’s rules, structure and mission in the city’s charter — including a provision that it would never lend to fossil fuel corporations or weapons manufacturers.

San Francisco financial district skyline at dusk on a clear evening. Getty Images

How startup costs will be funded seems to be difficult to answer. Fielder in February attempted another ballot measure that would impose a higher tax on lending companies to help fund such a bank, though that effort was paused to focus on this new ballot proposal.

Any new taxes may be difficult in the current political environment; this past June, voters in the progressive city even voted down a tax hike on highly paid CEOs.

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North Dakota’s bank sees deposits mostly from the state’s collections of taxes and fees and corporate accounts. A very small portion comes from residents as “it is the Bank’s policy not to compete with the private sector for retail deposits,” it said on its website.

The bank has mostly seen success and has turned a profit for many years, which can be returned to the state government’s general fund or used for economic development initiatives. A lot of the success can be traced to the the state’s fracking boom, according to research by University of Illinois Chicago professor Robert S. Chirinko.

But unlike commercial banks, deposits into the public bank are not insured by the federal government, which means North Dakota takes on all the risk. California’s law requires federal insurance, which will give the city more regulatory hurdles as no public bank has sought that approval before.

Chirinko said any success replicating North Dakota’s model will heavily depend on funding. San Francisco’s proposed focus on investing in climate-friendly technology or housing may also not pay off immediately.

“There could be a role there for government, but you have to recognize that you’re not going to get your money back,” he said.

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Such banks also can face accusations of unfair political influence. In 2016, North Dakota’s bank financed local law enforcement’s militarized response to controversial protests against the Dakota Access Pipeline, sparking liberal backlash.

Already, critics in San Francisco are saying the same political favoritism could happen for how loans and other financial products would get issued.

“What do they want? An SF Public Bank staffed by cronies of absentee SF Supervisor Jackie Fielder,” claimed tech figure and Y Combinator CEO Garry Tan. “It’ll be a tremendous grift mill robbing the city blind.”


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Today in History, 1975: Earthquake rattles portions of Minnesota and the Dakotas, including Fargo-Moorhead

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Today in History, 1975: Earthquake rattles portions of Minnesota and the Dakotas, including Fargo-Moorhead


On this day in 1975, a moderate earthquake centered near Morris, Minnesota, shook parts of North Dakota, Minnesota and South Dakota, startling residents but causing no major damage or injuries.

Here is the complete story as it appeared in the paper that day:

Earth Tremor Felt Across Wide Area Including F-M

An earth tremor at 9:56 a.m. today was widely felt in the Fargo-Moorhead area as well as other parts of North Dakota, Minnesota and South Dakota, but the National Weather Service here said it had no reports of damage.

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The tremor lasted from two to five seconds, Keith Blessum of the Weather Service said, and ignited telephone reports from a wide area.

The earthquake measured 5.0 on the Richter Scale. Waverly Person of the National Earthquake Information Center in Denver, Colo., said: “The earthquake was moderate and was centered in the Morris, Minn., area. It could have caused much damage in a heavily populated area.”

See more history at Newspapers.com

The quake also was felt in northwestern Iowa. Carl Stover of the Earthquake Information Center said it affected an area 300 miles long and 180 miles wide in four states. He said the exact center of the quake was 10 miles west of Morris.

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Person said the earthquake that struck California’s San Fernando Valley in February 1971, killing 54 persons and causing millions of dollars in property damage, measured 6.5 on the Richter Scale.

There were no injuries reported, but authorities in several communities in Minnesota and North and South Dakota reported that residents were startled, buildings shook, dishes rattled and books fell off shelves. Some residents in Alberta, Minn., and Wheaton, Minn., also reported cracked foundations.

Among the first to report locally was Mrs. Paul Dutt, 909 27th St. N., Fargo, who told the Weather Service pictures on the walls moved and a vase moved across the top of the television set.

Marjorie Henderson, who lives on a farm between Enderlin and Lisbon, N.D., reported that the house shook and windows rattled during the tremor, while Mrs. Wesley Belter, who lives south of Casselton, N.D., said that she and four neighbors had similar experiences.

Mrs. Earl Ernst, who lives eight miles east of Wolverton, Minn., also reported that the walls of her trailer home shook and dishes rattled.

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Other reports received by the Weather Service at Hector Airport here were from Hankinson and Wahpeton, N.D., and Breckenridge and Ottertail, Minn.; Milbank, S.D., White Rock Dam on the South Dakota border and Canby, Minn.

The earth tremor shook much of northeastern South Dakota and parts of southeastern North Dakota and western Minnesota but apparently caused no injuries, the Associated Press reported.

Donald Johnson, Codington (S.D.) County Civil Defense Director, said the strongest tremors were felt in the South Shore area, about 12 miles northeast of Watertown.

Johnson said a school was evacuated in South Shore, but there were no injuries or major damage reported.

A University of Minnesota professor said that part of that state has a history of minor earthquakes, with about half a dozen reported since the mid-1800s.

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Residents in the Willmar, Alexandria, Morris and Long Prairie areas all felt the tremor. It hit about 9:55 a.m., and lasted five to 10 seconds.

No major damage was reported, although the tremor startled many people and shook household furnishings. Some residents in Alberta, near Morris, reported cracked foundations.

Dr. Harold Mooney, professor of geophysics at the University of Minnesota, estimated the tremor would have measured 4 or 4.5 on the Richter Scale. Mooney’s seismograph wasn’t operating when the tremor struck, and he said his was the only such measuring device in the area.

“The motion of a fault in the western part of the state sent out seismic waves at thousands of feet per second, and that’s what the people felt,” Mooney said.

“There is a history of earthquakes in that area, so this one was not without precedent.”

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The most recent was near Alexandria in 1950, he said. The most severe was near Brainerd in 1917; that one broke some windows and knocked things off shelves.

An ad featured in The Forum on July 9, 1975. Newspapers.com

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Trump visits TR library in North Dakota

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Trump visits TR library in North Dakota


President Trump traveled to North Dakota on Wednesday to visit the Theodore Roosevelt Presidential Library before its official opening on Saturday.

“He had a freakin’ wild life,” Trump told an audience at a Western-themed amphitheater, the Associated Press reported. “He didn’t want to be quiet. He wanted to be great.”

The library is expected to be a major source of tourism in rural western North Dakota.



-The Hagstrom Report

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