US Chamber of Commerce Blog
The Obama era is drawing to a close, but the saga of the Dakota Access Pipeline continues.
As President Barack Obama and his administration packs up and leaves office, they threw a wrench in the works of finishing the beneficial energy infrastructure project:
The Army published a notice Wednesday of its intent to prepare an environmental impact statement on the Lake Oahe crossing. Texas-based developer Energy Transfer Partners won't be able to lay pipe under the reservoir while the study is ongoing — it is currently blocked from doing so anyway. A study could take up to two years, according to the Energy Department.
ETP asked U.S. District Judge James Boasberg on Tuesday to block the study; he scheduled a hearing for Wednesday afternoon in Washington, D.C.
Judge Boasberg allowed the Corps to proceed:
A federal judge said Wednesday he won't keep the U.S. Army Corps of Engineers from launching a full environmental study of the $3.8 billion Dakota Access pipeline's disputed crossing under a Missouri River reservoir in North Dakota.
U.S. District Judge James Boasberg denied Texas-based Energy Transfer Partners' request to stop the Corps from proceeding until he rules on whether the company already has the necessary permission to lay pipe under Lake Oahe, the water source for the Standing Rock Sioux tribe.
The Associated Press reports, “The study notice can be withdrawn if Boasberg were to eventually rule that ETP has permission for the crossing.”
Rob Port at SayAnythingBlog.com correctly explains the president’s strategy:
At this point, which just days left in his last term in office, President Obama knows he cannot unilaterally stop the pipeline. So what this is about is setting the stage for more legal warfare against the project under Donald Trump. By initiating this process now, environmental extremist groups can argue in court that it would somehow be illegal for Trump to allow the project to be completed until it plays out.
Potentially, an environmental review could mean years of delay when all that’s left to finish the pipeline is drilling underneath Lake Oahe. The Associated Press reports, Energy Transfer Partners (ETP) “has said in court documents there is already oil in a portion of the pipeline leading up to the lake in anticipation of finishing the project.”
So much has already been invested in a project that has already been approved by the Corps. In June 2016, the Corps signed off on an easement, allowing pipeline construction under the Missouri River. However, it didn't finalize it.
Now, President Obama’s political appointees have complicated things even more and put the agency in a bind, say pipeline supporters.
“It’s unfortunate that the outgoing administration would try to hamstring the professionals at the Army Corps of Engineers who worked diligently for years to ensure the Dakota Access Pipeline was sited and constructed in the environmentally and culturally sensitive manner,” said Craig Stevens, Midwest Alliance for Infrastructure Now (MAIN) Coalition spokesman.
A frustrating aspect to the Obama administration’s action is it runs counter to what the Corps did recently when it reissued its nationwide permit procedures. Matt Koch at the Institute for 21st Century Energy explains [emphasis mine]:
The Corps Nationwide Permit (NWP) procedures create a streamlined authorization process ("general permit") for construction projects deemed to have minimal environmental impacts to waterways, with the goal of protecting the environment while reducing administrative burdens and delays.
Highlighted by the Dakota Access pipeline protest, pipeline protestors and the anti-fossil energy "keep it in the ground" movement called on the Army Corps to abandon the long established NWP program and expand the Army Corps role in regulating oil and gas pipelines in their effort to slow and stop pipeline and other energy infrastructure projects.
Instead, the Army Corps is sticking with its process to review utility line and oil and gas pipeline construction projects “limited to regulating discharges of dredged or fill material into waters of the U.S. and structures or work in navigable waters of the U.S.” The Army Corps stated, “We do not have the authority to regulate the operation of oil and gas pipelines.”
But for this politically-charged project, Obama political appointees want the Corps to regulate an oil pipeline.
Apparently coherence gets tossed aside when you’re helping extreme, "keep it in the ground," anti-energy groups.
Hopefully under the new Trump administration, the Corps will issue all outstanding permits to allow this complicated legal struggle to come to a conclusion. And hopefully this beneficial, job-creating energy project will be allowed to be completed.
Last week to a full crowd at the U.S. Chamber, president and CEO Tom Donohue delivered the State of American Business address. While forecasting 2%-2.5% economic growth in 2017, he spelled out the need for faster economic growth and laid out an agenda—the American Growth Agenda—that will help businesses and consumers produce faster economic growth that creates jobs and boosts wages.
— U.S. Chamber (@USChamber) January 11, 2017
Unfortunately one can only go into so much detail in a speech. To help the public and policymakers better understand what needs to be done to generate vigorous economic growth, we’re launching State of American Business Issue Series.
Over the next few weeks, the U.S. Chamber’s policy experts will dig into the issues like infrastructure, energy, health care, and taxes, and explain what pro-growth policies are needed.
Here’s how it will work. Starting next week on Monday, there will be a post explaining the issue (for example, “The State of American Infrastructure”) and laying out some policy solutions. The following Thursday, we’ll host a Facebook Live chat to talk with a U.S. Chamber policy expert about that issue and answer some questions from the public.
We hope this will be useful to educating the public, lawmakers, and federal officials about concrete solutions for improving our roads and bridges, producing more American energy, reforming our complicated tax system, and unleashing our economic potential.
Make sure you drop by Above the Fold next Monday when the series begins. And follow the conversation on Twitter with the #LetsGrow hashtag.
Last week I detailed how stronger, faster economic growth is in the best interests of all Americans. Here are some of the U.S. Chamber of Commerce’s specific ideas for setting our country on a path to achieve that growth.
Provide Regulatory Relief and Reform. We must roll back many of the costly and excessive rules that are hampering economic growth. The regulatory system itself, which hasn’t been updated in 70 years, must also be reformed to promote smarter, more transparent regulation.
Harness U.S. Energy. America must safely and responsibly develop energy of all kinds to help drive growth, create jobs, lower energy costs, generate tax revenues, and strengthen national security.
Modernize Our Infrastructure. From roads and bridges to airports and seaports to pipelines and power grids, America’s infrastructure should be the most modern and efficient in the world. We need a permitting process that works quickly and efficiently, and we need both private financing and a sustainable federal funding source to cover the costs.
Overhaul Our Tax Code. We have a once-in-a-generation chance to adopt commonsense tax reforms that will drive tremendous growth in our economy. These reforms should include lowering tax rates for both businesses and individuals, ending the bias against capital investment, and instituting an internationally competitive system of taxation.
Expand American Trade. The Chamber will continue to lead the fight for tough, enforceable trade agreements that benefit American businesses, farmers, and workers and help the United States set global trade standards. If we want stronger, faster growth, boosting trade would help significantly.
Foster a Competitive Workforce. Fixing K–12 education and rethinking our approach to workforce training will enable us to better meet the needs of our economy and connect people to jobs. This is critical to driving growth and helping those who feel left behind in our changing economy.
Reform America’s Legal System. Excessive litigation is one of the biggest barriers to job creation. We have a golden opportunity to enact medical liability reform, fight unwarranted litigation, and prevent the legal extortion of billions of dollars out of private companies every year.
I laid out each of these priorities in detail at the Chamber’s annual State of American Business event last week. You can read the full speech at uschamber.com/soab. These policies are among 300 that the Chamber will advance this year, all of which support stronger economic growth. We believe that every American can unite around this mission because growth is the only way to achieve job creation, higher wages, and expanded opportunity for all.