Drone Footage Shows Dakota Access Pipeline Company Ignored Request to Halt Construction on Disputed Land
By Steve Horn
The U.S. Army Corps of Engineers has confirmed to DeSmog that Energy Transfer Partners, the owner of the proposed Dakota Access Pipeline, has ignored the Obama administration's Sept. 9 request to voluntarily halt construction in a disputed area, 20 miles east and west of Lake Oahe and the Missouri River.
The confirmation came in the aftermath of a video published by drone pilot Shiyé Bidziil on the news website Indian Country Today. The video was featured on Nov. 2 and offers an airborne view of pipeline construction—coupled with heavily guarded concrete fortresses around key construction locales—in close proximity to the Missouri River.
"The Army will not authorize constructing the Dakota Access Pipeline on Corps land bordering or under Lake Oahe until it can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws," reads the initial Sept. 9 statement disseminated by the U.S. Department of Justice, U.S. Department of Interior and Army Corps.
"Therefore, construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time. In the interim, we request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe."
After showing the video to Curry Graham, director of public affairs for the Army Corps, Graham confirmed to DeSmog that Energy Transfer Partners has proceeded with construction inside of the administration's requested zone. Graham also said construction has halted just short of the federal property bordering Lake Oahe.
"After the DC courts ruled in favor of the federal government, federal agencies asked the Dakota Access pipeline company to voluntarily pause all construction activity within 20 miles east or west of Lake Oahe," Graham told DeSmog. "The key word is 'voluntary,' and the company chose to proceed with construction. As to why they did this, you will have to contact Energy Transfer Partners to ask that question."
Which DeSmog did. Energy Transfer Partners spokesperson Vicki Granado responded, "We are constructing along the four-state route in accordance with applicable laws, and in areas where we have the necessary local, state, and federal permits and approvals," Granado told DeSmog.
The Department of Justice and Department of Interior did not respond to a request for comment.
On Oct. 31, President Obama said the Army Corps is considering a reroute of the Dakota Access pipeline in this area and will let federal agency regulatory processes "play out" in the next several weeks. It remains unclear how the pipeline could be rerouted if construction is already occurring up to the Missouri River and Lake Oahe.
[email protected] Calls 4 Stopping #DakotaAccessPipeline as #Obama Waffles https://t.co/qyNZgZlyZY @billmckibben @350 @IENearth @greenpeaceusa— EcoWatch (@EcoWatch)1478114184.0
Drone videographer Bidziil secured the footage after the U.S. Federal Aviation Administration (FAA) lifted the Temporary Flight Restriction (TFR), which was supposed to be in place from Oct. 26 through Nov. 5, but ended after coming under public criticism.*
The no-fly zone was initially put in place because protestors at the Standing Rock encampment in North Dakota had allegedly fired arrows at a law enforcement helicopter and used their own drone to scan the area which was shot down by law enforcement. Donnell Hushka, the Public Information Officer for Morton County, North Dakota, did not respond to a request for comment about whether the Morton County Sheriff's Department or another law enforcement agency had issued an incident report pertaining to the alleged incident involving arrows.
In 2014, another restricted flight zone was also put in place in Ferguson, Missouri, in the wake of protests erupting after the shooting of Michael Brown by law enforcement. The Associated Press obtained audio documentation demonstrating that the FAA had issued the restriction, in that case, in the attempt to shoe away airborne media.
Lee Rowland, an attorney for the American Civil Liberties Union's (ACLU) Speech, Privacy & Technology Project, pointed to the Ferguson example as a reason to be wary of initial explanations for the necessity of such temporary no-fly zones.
"Because the FAA now has a history of being caught on tape implementing a no-fly zone for the specific purpose of censoring media flights, I'm not sure they're entitled to an assumption of good faith that this no-fly zone had been put in place for valid reasons," Rowland told DeSmog.
"Everyone Feels Broken"
Explaining how he felt about the footage his drone captured, Bidziil expressed a sense of consternation.
"Everybody's mad. Everyone feels hurt. Everyone feels broken, but we can't let them break us," he told Indian Country Today. "We just have to stand here and do what we can."
Greenpeace USA spokesperson Lilian Molina also responded to the news, pointing to Energy Transfer Partner's recent sordid history of environmental regulatory violations.
"To think Energy Transfer Partners would respect a voluntary request to be decent, even one by the President of the United States, was wishful thinking. If the Obama administration really wants to pause construction, as the President suggested he does, it needs to continue to suspend ETP's permits to build under the Missouri River," said Molina.
"This debacle also shows the need to make the Army Corps of Engineers' permitting process much more transparent, with a full environmental review and thorough, participatory tribal consultation."
The Obama administration currently is conducting formal, government-to-government consultations with Native American tribes across the U.S. in order to obtain tribal input on how federal decisions are made about major infrastructure projects. The final consultation is set for November 21 via teleconference, with four more sessions slated between now and then, including the November 17 consultation in Rapid City, a few hours drive from Standing Rock.
'I Have Never Seen Anything Like This' via @EcoWatch https://t.co/QXkVYOXl4O https://t.co/HYMmCA6w9W— Josh Fox (@Josh Fox)1478199810.0
*FAA's website now shows the TFR back in place, starting back on the day we began working on this story on Nov. 4 and running through Nov. 15.
By Deborah Moore, Michael Simon and Darryl Knudsen
There's some good news amidst the grim global pandemic: At long last, the world's largest dam removal is finally happening.
A young activist for a free-flowing Salween River. A team of campaigners and lawyers from EarthRights International joined Indigenous Karen communities on the Salween in 2018 to celebrate the International Day of Actions for Rivers on March 14. This year, EarthRights joined communities living in the Eu-Wae-Tta internally displaced persons camp for a celebration in solidarity with those impacted by dam projects on the Salween River. EarthRights International<p>The dam removal project is a sign of the decline of the hydropower industry, whose fortunes have fallen as the <a href="https://www.bbc.com/news/science-environment-46098118" target="_blank" rel="noopener noreferrer">troubling</a> cost-benefit ratio of dams has become clear over the years. The rise of more cost-effective and sustainable energy sources (including wind and solar) has hastened this shift. This is exactly the type of progress envisioned by the <a href="https://www.yumpu.com/en/document/read/17023836/dams-and-development-a-new-framework-for-decision" target="_blank" rel="noopener noreferrer">World Commission on Dams</a> (WCD), a global multi-stakeholder body that was established by the World Bank and International Union for Conservation of Nature in 1998 to investigate the effectiveness and performance of large dams around the world. The WCD released a damning landmark <a href="https://www.un.org/press/en/2000/20001117.dam.pressconferencepm.doc.html" target="_blank" rel="noopener noreferrer">report</a> in November 2000 on the enormous financial, environmental and human costs and the dismal performance of large dams. The commission spent <a href="https://www.un.org/press/en/2000/20001117.dam.pressconferencepm.doc.html" target="_blank" rel="noopener noreferrer">two years</a> analyzing the outcome of the trillions of dollars invested in dams, reviewing dozens of case studies and testimonies from over a thousand communities and individuals, before producing the report.</p><p>But despite this progress, we cannot take hydropower's decline as inevitable. As governments around the world plan for a post-pandemic recovery, hydropower companies sense an opportunity. The industry is eager to recast itself as climate-friendly (<a href="https://www.ecowatch.com/how-green-is-hydropower-1919539525.html" target="_self">it's not</a>) and <a href="https://www.hydropower.org/covid-19" target="_blank">secure</a> precious stimulus funds to revive its dying industry — at the expense of people, the environment and a truly just, green recovery.</p>
Hydropower’s Troubling Record<p>The world's largest hydropower dam removal project on the Klamath River is a significant win for tribal communities. But while the Yurok and Karuk tribes <a href="https://www.karuk.us/images/docs/press/bring_salmon_home.php" target="_blank">suffered</a> terribly from the decline of the Klamath's fisheries, they were by no means alone in that experience. The environmental catastrophe that occurred along the Klamath River has been replicated all over the world since the global boom in hydropower construction <a href="https://www.nationalgeographic.com/environment/article/hydropower" target="_blank">began</a> early in the 20th century.</p><p>The rush to dam rivers has had huge consequences. After decades of rampant construction, only <a href="https://www.nationalgeographic.com/environment/2019/05/worlds-free-flowing-rivers-mapped-hydropower/" target="_blank">37 percent of the world's rivers remain free-flowing</a>, according to <a href="https://www.nature.com/articles/s41586-019-1111-9" target="_blank" rel="noopener noreferrer">one study</a>. River fragmentation has <a href="https://academic.oup.com/bioscience/article/70/4/330/5732594" target="_blank" rel="noopener noreferrer">decimated freshwater habitats and fish stocks</a>, threatening food security for millions of the world's most vulnerable people, and hastening the <a href="https://www.forbes.com/sites/jeffopperman/2020/10/13/freshwater-wildlife-continues-to-decline-but-new-energy-trendlines-suggest-we-can-bend-that-curve/?sh=f9d175a61ee4" target="_blank" rel="noopener noreferrer">decline of other myriad freshwater species</a>, including mammals, birds and reptiles.</p><p>The communities that experienced the most harm from dams — whether in Asia, Latin America or Africa — often lacked political power and access. But that didn't stop grassroots movements from organizing and growing to fight for their rights and livelihoods. The people affected by dams began raising their voices, sharing their experiences and forging alliances across borders. By the 1990s, the public <a href="https://tinyurl.com/y55lnlst" target="_blank" rel="noopener noreferrer">outcry</a> against large dams had grown so loud that it finally led to the establishment of the WCD.</p><p>What the WCD found was stunning. While large dam projects had brought some economic benefits, they had also <a href="https://www.irn.org/wcd/" target="_blank" rel="noopener noreferrer">forcibly displaced an estimated 40 to 80 million people in the 20th century alone</a>. To put that number into perspective, it is more than the current population of present-day <a href="https://data.worldbank.org/indicator/SP.POP.TOTL?locations=FR" target="_blank" rel="noopener noreferrer">France</a> or the <a href="https://data.worldbank.org/indicator/SP.POP.TOTL?locations=GB" target="_blank" rel="noopener noreferrer">United Kingdom</a>. These people lost their lands and homes to dams, and often with no compensation.</p><p>Subsequent research has compounded that finding. A paper published in <a href="https://tinyurl.com/c7uznz" target="_blank" rel="noopener noreferrer">Water Alternatives</a> revealed that globally, more than <a href="https://tinyurl.com/yxw8x7ab" target="_blank" rel="noopener noreferrer">470 million people living downstream from large dams</a> have faced significant impacts to their lives and livelihoods — much of it due to disruptions in water supply, which in turn harm the complex web of life that depends on healthy, free-flowing rivers. The WCD's findings, released in 2000, <a href="https://www.irn.org/wcd/" target="_blank" rel="noopener noreferrer">identified</a> the importance of restoring rivers, compensating communities for their losses, and finding better energy alternatives to save rivers and ecosystems.</p>
Facing a New Crisis<p>Twenty years after the WCD uncovered a crisis along the world's rivers and recommended a new development path — one that advances community-driven development and protects freshwater resources — we find ourselves in the midst of another crisis. The global pandemic has hit us hard, with surging loss of life, unemployment and instability.</p><p>But as governments work to rebuild economies and create job opportunities in the coming years, we have a choice: Double down on the failed, outdated technologies that have harmed so many, or change course and use this transformative moment to rebuild our natural systems and uplift communities.</p><p>There are many reasons to fight for a green recovery. The climate is changing even <a href="https://www.nature.com/articles/d41586-018-07586-5" target="_blank" rel="noopener noreferrer">faster</a> than expected, and some dams — especially those with reservoirs in hot climates — <a href="https://tinyurl.com/w6w29t8" target="_blank" rel="noopener noreferrer">have been found to emit more greenhouse gases than a fossil fuel power plant</a>. Other estimates have put global reservoirs' human-made greenhouse gas emissions each year on par with <a href="https://www.climatecentral.org/news/greenhouse-gases-reservoirs-fuel-climate-change-20745" target="_blank" rel="noopener noreferrer">Canada's</a> total emissions.</p><p>Meanwhile, we now understand that healthy rivers and freshwater ecosystems play a <a href="https://www.environment.gov.au/system/files/resources/b55b1fe4-7d09-47af-96c4-6cbb5f106d4f/files/wetlands-role-carbon-cycle.pdf" target="_blank" rel="noopener noreferrer">critical role in regulating and storing carbon</a>. And at a time when <a href="https://www.un.org/sustainabledevelopment/blog/2019/05/nature-decline-unprecedented-report/" target="_blank" rel="noopener noreferrer">biodiversity loss is soaring</a>, anything we can do to <a href="https://academic.oup.com/bioscience/article/70/4/330/5732594" target="_blank" rel="noopener noreferrer">restore habitat is key</a>. But with <a href="https://www.researchgate.net/publication/271996520_A_Global_Boom_in_Hydropower_dam_Construction" target="_blank" rel="noopener noreferrer">more than 3,700 major dams proposed or under construction</a> in the world (primarily in the Global South, with over <a href="https://news.mongabay.com/2020/08/more-than-500-dams-planned-inside-protected-areas-study/" target="_blank" rel="noopener noreferrer">500 of these in protected areas</a>), according to a 2014 report — and the hydropower industry <a href="https://www.hydropower.org/covid-19" target="_blank" rel="noopener noreferrer">jockeying</a> for scarce stimulus dollars — we must act urgently.</p>
Signs of Hope<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTcxMzUyMS9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTYxOTcyNTc3OX0.EbqBVPs2kjhrY5AqnZXOb_GX-s6pw4qyJmmeISzKA6U/img.png?width=980" id="a81d0" class="rm-shortcode" data-rm-shortcode-id="87bc79d69f72e9334a78da8e0355e6ae" data-rm-shortcode-name="rebelmouse-image" data-width="1620" data-height="1068" />
Fish catch at the Siphandone on the Mekong River, prior to the completion of the Don Sahong Dam. Pai Deetes / International Rivers<p>So what would a strong, resilient and equitable recovery look like in the 21st century? Let's consider one example in Southeast Asia.</p><p>Running through six countries, the Mekong River is the world's 12th-longest river, which is home to one of the world's most biodiverse regions, and includes the world's <a href="https://www.worldwildlife.org/places/greater-mekong#" target="_blank" rel="noopener noreferrer">largest</a> inland fishery. Around <a href="https://tinyurl.com/y6jrarjo" target="_blank" rel="noopener noreferrer">80 percent of the nearly 65 million people</a> who live in the Lower Mekong River Basin depend on the river for their livelihoods, according to the Mekong River Commission. In 1994, Thailand built the Pak Mun Dam on a Mekong tributary. <a href="https://tinyurl.com/y5ekfp4h" target="_blank" rel="noopener noreferrer">Six years later</a>, the <a href="https://tinyurl.com/yxcvs6up" target="_blank" rel="noopener noreferrer">WCD studied the dam's performance</a> and submitted its conclusions and recommendations as part of its final report in 2000. According to the WCD report, the Pak Mun Dam did not deliver the peaking energy service it was designed for, and it <a href="https://tinyurl.com/y38p3jaw" target="_blank" rel="noopener noreferrer">physically blocked a critical migration route</a> for a range of fish species that migrated annually to breeding grounds upstream in the Mun River Basin. Cut off from their customary habitat, fish stocks plummeted, and so did the livelihoods of the local people.</p><p>Neighboring Laos, instead of learning from this debacle, followed in Thailand's footsteps, <a href="https://tinyurl.com/y4eaxcq2" target="_blank" rel="noopener noreferrer">constructing two dams on the river's mainstem</a>, Xayaburi Dam, commissioned in 2019, and Don Sahong Dam, commissioned in 2020. But then a sign of hope appeared. In early 2020, just as the pandemic began to spread across the world, the <a href="https://www.theguardian.com/world/2020/mar/20/cambodia-scraps-plans-for-mekong-hydropower-dams" target="_blank" rel="noopener noreferrer">Cambodian government reconsidered its plans to build more dams on the Mekong</a>. The science was indisputable: A government-commissioned report showed that further dams would <a href="https://www.theguardian.com/environment/2018/may/16/leaked-report-warns-cambodias-biggest-dam-could-literally-kill-mekong-river" target="_blank" rel="noopener noreferrer">reduce the river's wild fisheries, threaten critically endangered Irrawaddy dolphins</a> and <a href="https://agupubs.onlinelibrary.wiley.com/doi/full/10.1002/2013WR014651" target="_blank" rel="noopener noreferrer">block nutrient-rich sediment from the delta's fertile agricultural lands</a>.</p><p><a href="https://data.opendevelopmentmekong.net/dataset/4f1bb5fd-a564-4d37-878b-c288af460143/resource/5f6fe360-7a68-480d-9ba4-12d7b8b805c9/download/volume-3_solar-alternative-to-sambor-dam.pdf" target="_blank" rel="noopener noreferrer">Studies</a> show that Cambodia didn't need to seek billions of dollars in loans to build more hydropower; instead, it could pursue more cost-effective solar and wind projects that would deliver needed electricity at a fraction of the cost — and <a href="https://www.worldwildlife.org/press-releases/wwf-statement-on-cambodian-government-s-decision-to-suspend-hydropower-dam-development-on-the-mekong-river" target="_blank">without the ecological disasters to fisheries and the verdant Mekong delta</a>. And, in a stunning reversal, Cambodia listened to the science — and to the people — and <a href="https://www.theguardian.com/world/2020/mar/20/cambodia-scraps-plans-for-mekong-hydropower-dams" target="_blank">announced</a> a 10-year moratorium on mainstream dams. Cambodia is now <a href="https://www.voanews.com/east-asia-pacific/cambodia-halts-hydropower-construction-mekong-river-until-2030" target="_blank">reconsidering</a> its energy mix, recognizing that mainstream hydropower dams are too costly and undermine the economic and cultural values of its flagship river.</p>
Toward a Green Recovery<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTcxMzUwOS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY1MTMwMjk0M30.0LZCOEVzgtgjm2_7CwcbFfuZlrtUr80DiRYxqKGaKIg/img.jpg?width=980" id="87fe9" class="rm-shortcode" data-rm-shortcode-id="e6b9bfeb013516f6ad5033bb9e03c5ec" data-rm-shortcode-name="rebelmouse-image" data-width="2100" data-height="3086" />
Klamath River Rapids. Tupper Ansel Blake / U.S. Fish and Wildlife Service<p>Increasingly, governments, civil servants and the public at large are rethinking how we produce energy and are seeking to preserve and restore precious freshwater resources. Dam removals are increasing exponentially across <a href="https://www.americanrivers.org/wp-content/uploads/2020/02/DamsRemoved_1999-2019.pdf" target="_blank">North America</a> and <a href="https://damremoval.eu/wp-content/uploads/2019/03/DRE-policy-Report-2018-digitaal-010319.pdf" target="_blank">Europe</a>, and movements advancing <a href="https://www.rightsofrivers.org/" target="_blank">permanent river protection are growing across Latin America, Asia and Africa</a>.</p><p>We must use the COVID-19 crisis to accelerate the trend. Rather than relying on old destructive technologies and industry claims of newfound "<a href="https://www.hydrosustainability.org/news/2020/11/12/consultation-on-a-groundbreaking-global-sustainability-standard-for-hydropower" target="_blank">sustainable hydropower</a>," the world requires a new paradigm for an economic recovery that is rooted both in climate and economic justice as well as river stewardship. Since December 2020, hundreds of groups and individuals from more than 80 countries have joined the <a href="https://www.rivers4recovery.org/" target="_blank" rel="noopener noreferrer">Rivers4Recovery</a> call for a better way forward for rivers and natural places. This paradigm will protect our rivers as critical lifelines — supporting fisheries, biodiversity, water supply, food production, Indigenous peoples and diverse populations around the world — rather than damming and polluting them.</p><p>The promise of the Klamath dam removals is one of restoration — a move that finally recognizes the immense value of free-flowing rivers and the key role they play in <a href="https://f.hubspotusercontent20.net/hubfs/4783129/LPR/PDFs/Living_Planet_Report_Freshwater_Deepdive.pdf" target="_blank" rel="noopener noreferrer">nourishing both the world's biodiversity and hundreds of millions of people</a>. Healthy rivers — connected to watershed forests, floodplains, wetlands and deltas — are key partners in building resilience in the face of an accelerating climate crisis. But if we allow the hydropower industry to succeed in its <a href="https://www.world-energy.org/article/12361.html" target="_blank" rel="noopener noreferrer">cynical grab for stimulus funds</a>, we'll only perpetuate the 20th century's legacy of suffering and environmental degradation.</p><p>We must put our money where our values are. Twenty years ago, the WCD pointed the way forward to a model of development that takes humans, wildlife and the environment into account, and in 2020, we saw that vision flower along the Klamath River. It's time to bring that promise of healing and restoration to more of the world's rivers.</p><p><em>Deborah Moore is a former commissioner of the <a href="https://www.water-alternatives.org/index.php/alldoc/articles/vol3/v3issue2/79-a3-2-2/file" target="_blank" rel="noopener noreferrer" style="">World Commission on Dams</a>. Michael Simon was a member of the <a href="https://www.hydrosustainability.org/assessment-protocol" target="_blank" rel="noopener noreferrer" style="">Hydropower Sustainability Assessment Forum</a>. Darryl Knudsen is the executive director of <a href="https://www.internationalrivers.org" target="_blank" rel="noopener noreferrer" style="">International Rivers</a>.</em></p><p><em>This article first appeared on <a href="https://truthout.org/articles/damming-rivers-is-terrible-for-human-rights-ecosystems-and-food-security/" target="_blank" rel="noopener noreferrer">Truthout</a> and was produced in partnership with <a href="https://independentmediainstitute.org/earth-food-life/" target="_blank" rel="noopener noreferrer">Earth | Food | Life</a>, a project of the Independent Media Institute.</em></p>
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