After Court Rules Dakota Access Pipeline Operating Illegally, Dems Demand Biden It Shut Down
By Jessica Corbett
Five Democratic lawmakers on Friday encouraged President Joe Biden to order an immediate shutdown of the Dakota Access pipeline after the U.S. Court of Appeals for the D.C. Circuit last week delivered a victory to the Standing Rock Sioux Tribe by ruling that DAPL is operating illegally.
The three-judge panel upheld a lower court's ruling that the U.S. Army Corps of Engineers (USACE) violated the National Environmental Policy Act when it granted an easement for DAPL to cross a federal reservoir along the Missouri River, less than a mile from the Standing Rock Sioux Reservation.
The court ordered a full environmental impact statement examining the threats posed by the oil pipeline. The Standing Rock Sioux Tribe, as the Democrats' letter to Biden notes, "rightfully fears an oil spill could disproportionately affect their drinking water, as well as hunting and fishing rights."
Standing Rock Sioux Tribe Chairman Mike Faith said in a statement that "we are pleased that the D.C. Circuit affirmed the necessity of a full environmental review, and we look forward to showing the U.S. Army Corps of Engineers why this pipeline is too dangerous to operate."
Despite mandating the review, the panel did not order DAPL to stop operating. Jan Hasselman, the EarthJustice attorney representing Standing Rock, said after the ruling that "this pipeline is now operating illegally."
"The appeals court put the ball squarely in the court of the Biden administration to take action," Hasselman said. "And I mean shutting the pipeline down until this environmental review is completed."
Five lawmakers are now backing that call: Reps. Nanette Diaz Barragán (D-Calif.), Raul Ruiz (D-Calif.), and Raúl Grijalva (D-Ariz.) as well as Sens. Jeff Merkley (D-Ore.) and Elizabeth Warren (D-Mass.).
Today, @SenJeffMerkley @SenWarren @RepRaulRuizMD @RepRaulGrijalva & I asked @POTUS to put people over polluters & s… https://t.co/hAHRd25RwA— Nanette D. Barragán (@Nanette D. Barragán)1612552725.0
The Democrats note that Biden has taken "bold early actions ... to prioritize climate action and environmental justice," including withdrawing permits for the Keystone XL pipeline.
In addition to urging him to "build on this promising start" by shutting down DAPL during the review, they detail some of the pipeline's history, including the "egregious environmental racism" in 2016, when "North Dakota law enforcement officials violently removed protestors from the path of DAPL, many of them from the nearby Standing Rock Sioux Tribe."
While former President Barack Obama—under whom Biden was vice president — denied DAPL permission to cross beneath Lake Oahe on unceded ancestral tribal lands, former President Donald Trump, the letter notes, "reversed course and granted the easement while ignoring the concerns of the Standing Rock Sioux Tribe."
Hey @JoeBiden, the Dakota Access Pipeline continues to operate illegally endangering the Standing Rock Sioux Tribe.… https://t.co/2RKBVACHl1— Joye Braun (@Joye Braun)1612478334.0
"As you consider how to proceed," the Democrats write, "we encourage you to meet with members of the Standing Rock Sioux Tribe and other impacted tribes to better understand how the DAPL affects their lands, treaty rights, and environmental priorities."
"By shutting down this illegal pipeline, you can continue to show your administration values the environment and the rights of Indigenous communities more than the profits of outdated fossil fuel industries," the letter adds. "This is a critical step towards righting the wrongs of the past and setting our nation on a path of environmental, climate, and social justice."
Hey @JoeBiden, we still #StandwithStandingRock. It's time to shut down DAPL and #BuildBackFossilFree. DAPL conti… https://t.co/lTsuqLjpws— Indigenous Environmental Network (@Indigenous Environmental Network)1612202160.0
As DeSmog noted Thursday, DAPL is facing more than just legal trouble: Westchester Fire Insurance Co. notified pipeline owner Energy Transfer in early January that it had lost a $250,000 "bond that Iowa, one of the four states it passes through, required the pipeline to maintain."
The 1,172-mile underground pipeline, which began operating in June 2017, transports 570,000 barrels of oil per day from the Bakken formation in North Dakota, through South Dakota and Iowa, to a terminal in Illinois.
Attorney Carolyn Raffensperger, director of the Science and Health Network, told DeSmog it could be tricky for Energy Transfer to replace the lost insurance coverage, especially given the court-ordered review.
"It will be difficult because the bond holder will require the pipeline to comply with all legal requirements," Raffensperger said. "If it is operating without a permit, any spill would be a big, big legal problem."
Reposted with permission from Common Dreams.
- New Clues Help Monarch Butterfly Conservation Efforts - EcoWatch ›
- Monarch Butterflies Will Be Protected Under Historic Deal - EcoWatch ›
EcoWatch Daily Newsletter
California faces another "critically dry year" according to state officials, and a destructive wildfire season looms on its horizon. But in a state that welcomes innovation, water efficacy approaches and drought management could replenish California, increasingly threatened by the climate's new extremes.
- Remarkable Drop in Colorado River Water Use Sign of Climate ... ›
- California Faces a Future of Extreme Weather - EcoWatch ›
Wisdom the mōlī, or Laysan albatross, is the oldest wild bird known to science at the age of at least 70. She is also, as of February 1, a new mother.
<div id="dadb2" class="rm-shortcode" data-rm-shortcode-id="aa2ad8cb566c9b4b6d2df2693669f6f9"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1357796504740761602" data-partner="rebelmouse"><div style="margin:1em 0">🚨Cute baby alert! Wisdom's chick has hatched!!! 🐣😍 Wisdom, a mōlī (Laysan albatross) and world’s oldest known, ban… https://t.co/Nco050ztBA</div> — USFWS Pacific Region (@USFWS Pacific Region)<a href="https://twitter.com/USFWSPacific/statuses/1357796504740761602">1612558888.0</a></blockquote></div>
By Hui Hu
Winter is supposed to be the best season for wind power – the winds are stronger, and since air density increases as the temperature drops, more force is pushing on the blades. But winter also comes with a problem: freezing weather.
Comparing rime ice and glaze ice shows how each changes the texture of the blade. Gao, Liu and Hu, 2021, CC BY-ND
Ice buildup changes air flow around the turbine blade, which can slow it down. The top photos show ice forming after 10 minutes at different temperatures in the Wind Research Tunnel. The lower measurements show airflow separation as ice accumulates. Icing Research Tunnel of Iowa State University, CC BY-ND
While traditional investment in the ocean technology sector has been tentative, growth in Israeli maritime innovations has been exponential in the last few years, and environmental concern has come to the forefront.
theDOCK aims to innovate the Israeli maritime sector. Pexels<p>The UN hopes that new investments in ocean science and technology will help turn the tide for the oceans. As such, this year kicked off the <a href="https://www.oceandecade.org/" target="_blank" rel="noopener noreferrer">United Nations Decade of Ocean Science for Sustainable Development (2021-2030)</a> to galvanize massive support for the blue economy.</p><p>According to the World Bank, the blue economy is the "sustainable use of ocean resources for economic growth, improved livelihoods, and jobs while preserving the health of ocean ecosystem," <a href="https://www.sciencedirect.com/science/article/pii/S0160412019338255#b0245" target="_blank" rel="noopener noreferrer">Science Direct</a> reported. It represents this new sector for investments and innovations that work in tandem with the oceans rather than in exploitation of them.</p><p>As recently as Aug. 2020, <a href="https://www.reutersevents.com/sustainability/esg-investors-slow-make-waves-25tn-ocean-economy" target="_blank" rel="noopener noreferrer">Reuters</a> noted that ESG Investors, those looking to invest in opportunities that have a positive impact in environmental, social and governance (ESG) issues, have been interested in "blue finance" but slow to invest.</p><p>"It is a hugely under-invested economic opportunity that is crucial to the way we have to address living on one planet," Simon Dent, director of blue investments at Mirova Natural Capital, told Reuters.</p><p>Even with slow investment, the blue economy is still expected to expand at twice the rate of the mainstream economy by 2030, Reuters reported. It already contributes $2.5tn a year in economic output, the report noted.</p><p>Current, upward <a href="https://www.ecowatch.com/-innovation-blue-economy-2646147405.html" target="_self">shifts in blue economy investments are being driven by innovation</a>, a trend the UN hopes will continue globally for the benefit of all oceans and people.</p><p>In Israel, this push has successfully translated into investment in and innovation of global ports, shipping, logistics and offshore sectors. The "Startup Nation," as Israel is often called, has seen its maritime tech ecosystem grow "significantly" in recent years and expects that growth to "accelerate dramatically," <a href="https://itrade.gov.il/belgium-english/how-israel-is-becoming-a-port-of-call-for-maritime-innovation/" target="_blank" rel="noopener noreferrer">iTrade</a> reported.</p><p>Driving this wave of momentum has been rising Israeli venture capital hub <a href="https://www.thedockinnovation.com/" target="_blank" rel="noopener noreferrer">theDOCK</a>. Founded by Israeli Navy veterans in 2017, theDOCK works with early-stage companies in the maritime space to bring their solutions to market. The hub's pioneering efforts ignited Israel's maritime technology sector, and now, with their new fund, theDOCK is motivating these high-tech solutions to also address ESG criteria.</p><p>"While ESG has always been on theDOCK's agenda, this theme has become even more of a priority," Nir Gartzman, theDOCK's managing partner, told EcoWatch. "80 percent of the startups in our portfolio (for theDOCK's Navigator II fund) will have a primary or secondary contribution to environmental, social and governance (ESG) criteria."</p><p>In a company presentation, theDOCK called contribution to the ESG agenda a "hot discussion topic" for traditional players in the space and their boards, many of whom are looking to adopt new technologies with a positive impact on the planet. The focus is on reducing carbon emissions and protecting the environment, the presentation outlines. As such, theDOCK also explicitly screens candidate investments by ESG criteria as well.</p><p>Within the maritime space, environmental innovations could include measures like increased fuel and energy efficiency, better monitoring of potential pollution sources, improved waste and air emissions management and processing of marine debris/trash into reusable materials, theDOCK's presentation noted.</p>
theDOCK team includes (left to right) Michal Hendel-Sufa, Head of Alliances, Noa Schuman, CMO, Nir Gartzman, Co-Founder & Managing Partner, and Hannan Carmeli, Co-Founder & Managing Partner. Dudu Koren<p>theDOCK's own portfolio includes companies like Orca AI, which uses an intelligent collision avoidance system to reduce the probability of oil or fuel spills, AiDock, which eliminates the use of paper by automating the customs clearance process, and DockTech, which uses depth "crowdsourcing" data to map riverbeds in real-time and optimize cargo loading, thereby reducing trips and fuel usage while also avoiding groundings.</p><p>"Oceans are a big opportunity primarily because they are just that – big!" theDOCK's Chief Marketing Officer Noa Schuman summarized. "As such, the magnitude of their criticality to the global ecosystem, the magnitude of pollution risk and the steps needed to overcome those challenges – are all huge."</p><p>There is hope that this wave of interest and investment in environmentally-positive maritime technologies will accelerate the blue economy and ESG investing even further, in Israel and beyond.</p>
- 14 Countries Commit to Ocean Sustainability Initiative - EcoWatch ›
- These 11 Innovations Are Protecting Ocean Life - EcoWatch ›
- How Innovation Is Driving the Blue Economy - EcoWatch ›