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The Dakota Access and Lake Oahe Deception

Dakota AccessMike Krancer
Partner, Leader – Energy, Petrochemical & Natural Resources Practice Group at Blank Rome LLP


The controversy from the Sioux Tribe over the Dakota Access pipeline & Lake Oahe have been nothing more than deception, proven by a Federal Judge findings.

Here’s the extent of the grand deception being perpetrated by the Tribe and their sponsors, including their, law counsel so-called “Earthjustice,” on all of us regarding the Lake Oahe manufactured situation on the Dakota Access Pipeline route as dissected by Judge Boasberg of the D.C. District Court (an Obama appointee) in his September 9, 2016 opinion:

dakota access

General Deceptions:

  • The Judge found as a fact that it was totally false that the Tribe was not given the opportunity to be consulted on historical resources questions. He finds that the Tribe “largely refused to engage in consultations.”
  • The “Tribe has had more than a year to come up with evidence that the Corps acted unreasonably in permitting even a single [activity] [without historical review] and it has not done so.”
  • He describes disturbing post-hoc attempts by the Tribe at outright dishonesty and misleading the Court about cultural resources.

Deceptions With Respect To Lake Oahe Area In Particular:

  • The Corps and the Tribe conducted multiple visits to the area to identify sites of potential cultural interest that could be harmed;
  • The Tribe identified several resources during those visits but those resources are far away from the construction activity;
  • The Corps duly concluded that any such resources there would not at all be even impacted by the pipeline activity;
  • The North Dakota State Historical Preservation Officer, after touring the area, agreed that there would be no impact at all on historical or cultural resources;
  • This area had already been subject to surveying long ago in connection with other utility projects;
  • Dakota Access will run parallel, at a distance of 22 to 300 feet, to an already existing natural gas pipeline going under the Lake;
  • Dakota Access will use even less intrusive modern horizontal directional drilling method to run the pipeline under the Lake which will result in less disturbance to the land there and bury the line so deep as to be a non-issue re historical/cultural resources;
  • Any temporary disturbance (as with all pipelines) will be removed;
  • Tribal monitors and Tribal archaeologists will be present for all activities.
  • General Condition 21 to the permit requires an immediate cease of work if any unexpected cultural or historical resource is found so an evaluation can be done.

dakota access

All of this shows again that the fuss of late over Dakota Access Pipeline is completely contrived fiction–nothing but orchestrated theatre and mob politics aimed at securing political and ideological ends. The facts as found by an Obama appointed Federal Judge prove that. Read the opinion here (posted by Earthjustice, who is orchestrating the hoax as counsel for the Tribe.)

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6 thoughts on “The Dakota Access and Lake Oahe Deception

  1. Earth Justice
    Making money for the lawyers who are also the board of trusties who sit and plan controversy to fatten their wallets. Nothing new here except a few liberals who found away to make millions off of fear mongering and non scientific fact known as rumers

  2. Well written. The hyperbole put out by the media regarding these protests have even gotten to many of my otherwise conservative and reasonable people. As soon as I saw the protests, I knew there was far more to the story than the mainstream media would divulge. As to the water that they said would be destroyed or damaged, the source of the water to the affected peoples is 25 miles away! And shortly to be replaced by a water source 75 miles away! Has the media written anything about that? Utter craziness and bias. Thanks.

    • http://nypost.com/2016/09/18/how-the-standing-rock-sioux-should-have-been-able-to-stop-that-pipeline/

      There is something written on the Dakota Pipe which is in the NYPost and to be frank, seems like babble mostly unrelated to the specific pipe and any of the issues involved with it. Pretty sure that the NYPost if not conservative is basically at least republican. If that isn’t exactly right, it in general isn’t “objective” or at least its columnists aren’t.

      One seriously has to wonder why the columnist even bothered writing anything at all on dakota pipe when she seems so clearly uninformed about it.

      What happened to putting some actual FACTS in with opinions?

      The reporting on pipelines, not editorials or columns or opinions, in general over the last several years has been pretty flawed as far as I have seen and one reason is FACTS can be absent.

  3. This is not a surprise. All levels of our government are dishonest. FBI, IRS, EPA, State Dept, Exc, Branch, the courts. Don’t ever count on the press for the truth. If you want change it starts in the schools. Go to schools with engineering programs and show and tell them what you are doing. The opportunity. Their future. In a short time you will get them and the support of their family and friends. The best ad on TV is Exxon Mobile showing all sorts of young engineers. This makes people think. I worked at Rutgers for 16 yrs, I know how kids and their parents think. Contact me. We will have a conversation. Please stay aggressive.

  4. another sympathetic media circus of manipulated utopian sign-waving clowns. the poor, the downtrodden fighting back against Big Oil.

    who, after all is Big Oil other than all of us? everyone uses fossil fuels and related products every day. if we didn’t, there would be no market for them. the hypocrisy defies description. look at the national headlines about the recent gasoline pipeline repair down south and the scramble to fix it.

    in NY, NIMBYs get their way. the fix was in before the NY Court of Appeals on the bogus Home Rule decision argued by an “Earthjustice” atty- some woman i forget her name…

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