Legalectric

As we know, tRump signed a “Memorandum” (note, it is NOT an “Executive Order”) to ram through DAPL.  Here’s the cut and paste of the Memorandum, also here at the White House Memoranda page:

Trump_Memorandum Dakota Access

One part I’m particularly concerned with is the second paragraph, where the Army Corps is ordered to consider rescinding or modifying the denial of the permit, and whether to withdraw the Notice of Intent and request for Scoping Comments for the Environmental Impact Statement:

(ii) consider, to the extent permitted by law and as warranted, whether to rescind or modify the memorandum by the Assistant Secretary of the Army for Civil Works dated December 4, 2016 (Proposed Dakota Access Pipeline Crossing at Lake Oahe, North Dakota), and whether to withdraw the Notice of Intent to Prepare an Environmental Impact Statement in Connection with Dakota Access, LLC’s Request for an Easement to Cross Lake Oahe, North Dakota, dated January 18, 2017, and published at 82 Fed. Reg. 5543;

Really.  That’s tRumpspeak for “Issue the Permit, Who Needs an EIS!”  So methinks it’s VERY important to get a lot of detailed scoping comments in ASAP!

What are Scoping Comments?  It’s kind of a term of art, they are comments laying out what you think should be covered in the Environmental Impact Statement.  It’s a “broadening” exercise, one where you bring up all the things that could be, should be, relevant and investigated, disclosed, analyzed, in the Environmental Impact Statement.  Form letters and postcards won’t cut it, this requires a little time and thought, and because you can email them, it’s pretty easy.  Just be specific about what issues should be considered.  Because they’re looking for “alternative routes” I wouldn’t give them any, because if they put it anywhere, it’s a problem, so I’d recommend instead saying that moving the pipeline doesn’t lessen the odds of rupture, failure, corrosion, and that the pipeline is too much of a rupture waiting to happen to route anywhere!

Here’s the Notice:

Notice of Intent to Prepare an Environmental Impact Statement

pdf of Notice: 017-00937_Federal Register – Notice EIS

Scoping comments are due by February 20, 2017.  By mail, and they ask that you include your name, return address, and “NOI Comments, Dakota Access Pipeline Crossing” on the first page of your written comments:

Gib Owen

Office of the Assistant Secretary of the Army for Civil Works

108 Army Pentagon

Washington, DC 20310-0108

By email to gib.a.owen.civ@mail.mil – use Subject: NOI Comments, Dakota Access Pipeline Crossing

They say they want comments about these issues:

(1) Alternative locations for the pipeline crossing the Missouri River;

(2) Potential risks and impacts of an oil spill, and potential impacts to Lake Oahe, the Standing Rock Sioux Tribe’s water intakes, and the Tribe’s water, treaty fishing, and hunting rights; and

(3) Information on the extent and location of the Tribe’s treaty rights in Lake Oahe.

… BUT… don’t limit your input — get creative, be specific, really think about impacts, about connected actions, about the entire length of this pipeline, about each of the bodies of water, the archeological features, protected wildlife areas, homes right next to the line, aquifers with so many wells drawing their water supply, nearby transmission lines which are known to corrode pipelines if too close.  In the Notice, they specifically state, “The range of issues, alternatives, and potential impacts may be expanded based on comments received in response to this notice and at public scoping meetings.”  So now it’s our job to be very, very specific about the broad range of issues to be included in the Environmental Impact Statement.