2016-09-16 – Feedback Ep. 4 – Discrepancies – Dakota Access Pipeline – Changes, One Second After, 420 Report, My Local Sheriff, Bundy Trial.
The Dakota Access Pipeline Project is a new approximate 1,172-mile, 30-inch diameter pipeline that will connect the rapidly expanding Bakken and Three Forks production areas in North Dakota to Patoka, Illinois. The pipeline will enable domestically produced light sweet crude oil from North Dakota to reach major refining markets in a more direct, cost-effective, safer and environmentally responsible manner. The pipeline will also reduce the current use of rail and truck transportation to move Bakken crude oil to major U.S. markets to support domestic demand.
It will transport approximately 470,000 barrels per day with a capacity as high as 570,000 barrels per day or more – which could represent approximately half of Bakken current daily crude oil production. Shippers will be able to access multiple markets, including Midwest and East Coast markets as well as the Gulf Coast via the Nederland, Texas crude oil terminal facility of Sunoco Logistics Partners.
Although oil pipelines tend to be less accident-prone than trains, they’ve certainly been known to leak — with destructive results. So there’s been scattered opposition along the proposed route, starting with farmers in Iowa, ever since late 2014.
For months, members of the Standing Rock Sioux have raised two major concerns about the project:
First, the pipeline would cross right under the Missouri River at Lake Oahe, the reservation’s main source of drinking water. A leak or oil spill could prove disastrous. The tribe points out that the pipeline was originally supposed to go farther north, near Bismarck, but officials had blocked that path out of concern that a leak might harm the state capital.
Second, the tribe argues that the pipeline would run through a stretch of land north of the reservation that contains recently discovered sacred sites and burial places. True, this land isn’t part of the current reservation. But the Standing Rock Sioux pointed out that the land had been taken away from them unjustly over the past 150 years. And any bulldozing and construction work could damage these sites.
(In response, Dakota Access has argued that it will employ “new advanced pipeline technology” to limit leaks — and that it will take care to protect any cultural sites.)
More to the point, the Standing Rock Sioux argue that under federal law, the US government should have properly consulted with the tribe about these issues — and didn’t. On July 27, the Standing Rock Sioux and the nonprofit Earthjustice sued the Army Corps of Engineers in federal court, arguing that the agency had wrongly approved the pipeline without proper consultation.
Last week, the Standing Rock Nation filed an emergency petition to overturn the Army Corps of Engineers’ permit for the pipeline, which will be located a half-mile from the reservation through land taken from the tribe in 1958. The tribe says they were not consulted and a survey of the area found several sites of “significant cultural and historic value” in the pipeline path, including burial grounds.
Native Americans from tribes all over the country are protesting the construction of a crude-oil pipeline slated to snake through sacred sites and under the water supply for the Standing Rock Sioux Reservation.
The pipeline is being built near the Standing Rock Sioux Reservation near Cannon Ball, North Dakota. The tribe says the pipeline disturbs sacred sites, infringes on past treaty promises and tribal sovereignty, and is a significant danger to their water supply since it passes underneath the Missouri River — the main source of water for the reservation. An earlier proposal had the pipeline crossing the Missouri north of Bismarck, but authorities were concerned about the risk to the capital’s water supply in the advent of a pipeline spill.
The protests began last January after North Dakota approved the pipeline project. Residents of the Standing Rock Sioux Reservation immediately petitioned the US Army Corps of Engineers to deny the final permit. In April, residents of the reservation and supporters from other tribes set up camp near the construction site to keep an eye on the pipeline workers who were waiting for approval and preparing to break ground.
Indigenous Property Rights and the Dakota Access Pipeline in challenge to Dakota Access, LLC and the U.S. Army Corps in court over environmental concerns and property rights disputes.
The History of Pipelines 101
While iron pipe for other uses in the U.S. dates back to the 1830s, the use of pipe for oil transportation started soon after the drilling of the first commercial oil well in 1859 by “Colonel” Edwin Drake in Titusville, Pennsylvania.
The first pipes were short and basic, to get oil from drill holes to nearby tanks or refineries. The rapid increase in demand for a useful product, in the early case kerosene, led to more wells and a greater need for transportation of the products to markets. Early transport by teamster wagon, wooden pipes, and rail rapidly led to the development of better and longer pipes and pipelines.
In the 1860s as the pipeline business grew, quality control of pipe manufacture became a reality and the quality and type of metal for pipes improved from wrought iron to steel.
Technology continues to make better pipes of better steel, and find better ways to install pipe in the ground, and continually analyze its condition once it is in the ground. At the same time, pipeline safety regulations become more complete, driven by better understanding of materials available and better techniques to operate and maintain pipelines.
They continue to play a major role in the petroleum industry providing safe, reliable and economical transportation. As the need for more energy increases and population growth continues to get further away from supply centers, pipelines are needed to continue to bring energy to you.
From the early days of wooden trenches and wooden barrels, the pipeline industry has grown and employed the latest technology in pipeline operations and maintenance. Today, the industry uses sophisticated controls and computer systems, advanced pipe materials, and corrosion prevention techniques.
PHMSA is a U.S. Department of Transportation agency that develops and enforces regulations for the safe, reliable, and environmentally sound operation of the nation’s 2.6 million mile pipeline transportation system and the nearly 1 million daily shipments of hazardous materials by land, sea, and air. PHMSA comprises two safety offices, the Office of Pipeline Safety and the Office of Hazardous Materials Safety.
PHMSA’s mission is to protect people and the environment from the risks inherent in transportation of hazardous materials – by pipeline and other modes of transportation.
PHMSA was created under the Norman Y. Mineta Research and Special Programs Improvement Act (P.L. 108-426) of 2004.
Safety: To reduce the risk of harm to people due to the transportation of hazardous materials by pipelines and other modes.
Environmental Stewardship: To reduce the risk of harm to the environment due to the transportation of oil and hazardous materials by pipeline and other modes.
Reliability: To help maintain and improve the reliability of systems that deliver energy products and other hazardous materials.
Global Connectivity: To harmonize and standardize the requirements for pipeline and hazardous materials transportation internationally, to facilitate efficient and safe transportation through ports of entry and through the supply chain.
Preparedness and Response: To reduce the consequences (harm to people, environment, and economy) after a pipeline or hazmat failure has occurred.
The NTSB issues an accident report following the investigation. These reports are available online for reports issued since 1996, with older reports coming online soon. The reports listing is sortable by the event date, report date, city, and state.
“It’s inevitable that as pipelines age, as they are exposed to the elements, eventually they are going to spill,” said Tony Iallonardo of the National Wildlife Federation. “They’re ticking time bombs.”
Critics of the Keystone proposal point to the hundreds of pipeline accidents that occur every year. They charge that system wide, antiquated pipes, minimal oversight and inadequate precautions put the public and the environment at increasing risk. Pipeline operators point to billions of dollars spent on new technologies and a gradual improvement over the last two decades as proof of their commitment to safety.
Pipelines are generally regarded as a safe way to transport fuel, a far better alternative to tanker trucks or freight trains. The risks inherent in transporting fuel through pipelines are analogous to the risks inherent in traveling by airplane. Airplanes are safer than cars, which kill about 70 times as many people a year (highway accidents killed about 33,000 people in 2010, while aviation accidents killed 472). But when an airplane crashes, it is much more deadly than any single car accident, demands much more attention, and initiates large investigations to determine precisely what went wrong.
The same holds true for pipelines. Based on fatality statistics from 2005 through 2009, oil pipelines are roughly 70 times as safe as trucks, which killed four times as many people during those years, despite transporting only a tiny fraction of fuel shipments. But when a pipeline does fail, the consequences can be catastrophic (though typically less so than airplane accidents), with the very deadliest accidents garnering media attention and sometimes leading to a federal investigation.
U.S. District Judge Brian Miller on dismissed the lawsuit with prejudice, meaning it cannot be refiled.
Miller said in a 22-page ruling that he was incorrect in granting class-action status in the case and concluded that the easement contracts Exxon Mobil held with the property owners do not require the company to maintain the pipeline.
APPENDIX 6 Pipeline Design and Construction Procedures incuding, 2.0 PIPELINE DESCRIPTIONS , 3.0 WORKFORCE REQUIREMENTS AND CONSTRUCTION SCHEDULE , 4.0 CONSTRUCTION SEQUENCE consisting of in part, Clearing and Grading. Hauling and Stringing. Trenching. Road Crossings. Bending, Welding, and Coating. Lowering In, Padding, and Backfilling. Horizontal Directional Drills. As well, TESTING. SPECIAL CONSTRUCTION TECHNIQUES. RECLAMATION. OPERATION AND MAINTENANCE. ABANDONMENT. ENVIRONMENTAL PROTECTION MEASURES which includes in part, Cultural Resources. Proponents and contractors would inform their employees about relevant federal regulations protecting cultural resources. If any cultural remains, monument sites, objects, or antiquities subject to the Antiquities Act of June 8, 1906 or the Archaeological Resources Protection Act of 1979 are discovered during construction, activities shall immediately cease and the responsible AO would be notified.
ABSTRACT High flow events have the potential to damage pipelines that cross stream channels, possibly contaminating runoff. A hydrologic analysis conducted during the design of the pipeline can help determine proper placement. Flood frequency and magnitude evaluations are required for pipelines that cross at the surface. There are several methods that can be used, including reconnaissance, physiographic, analytical, and detailed methods. The method used must be appropriate for the site’s characteristics and the objectives of the analysis. Channel degradation and scour evaluations are required for pipelines crossing below the surface. Proper analysis and design can prevent future pipeline damage and reduce repair and replacement costs.
Construction will be performed during periods of lowest sensitivity, C Trenching will be done perpendicular to the stream, C The construction time and clearing of riparian vegetation will be minimized, C Standard erosion and sediment control measures will be used, and spill prevention best management practices will be followed during construction, C Blasting around and within streams will be limited as much as possible, C Debris accidentally introduced into streams will be promptly removed, C All other appropriate Best Management Practices will be followed, and C Streambanks, vegetation, and streambeds will be restored immediately after construction. (Bank restoration is particularly important in shallowly incised streams with low banks, to prevent channel migration).
Behind The Woodshed Blogcaster – September 11, 2016. BTWRLM179 – Dakota Access Pipeline: Jurisdictional Discrepancies –
Here’s where some problems may lay.
ARTICLE XI. 6th. They withdraw all pretence of opposition to the construction of the railroad now being built along the Platte river and westward to the Pacific ocean, and they will not in future object to the construction of railroads, wagon roads, mail stations, or other works of utility or necessity, which may be ordered or permitted by the laws of the United States. But should such roads or other works be constructed on the lands of their reservation, the government will pay the tribe whatever amount of damage may be assessed by three disinterested commissioners to be appointed by the President for that purpose, one of the said commissioners to be a chief or headman of the tribe.
FOR STANDING ROCK TRIBAL MEMBERS PLEASE LISTEN TO THIS AND SHARE..
THE FORT LARAMIE TREATY OF 1851 MADE IT
UNITED NATION..and is listed in .chronological list of international treaties, agreements,
The BAR British accredit registry card is also illegal as well due to the fact the United States of America, surrender sovereignty and went bankrupt. abandoned ship WILLFULLY and LAWFULLY by giving the United Nation priority over their documents of Treaty or Doctrine of Discovery With out notifying the beneficiary of the land.
TREASON and Fraud by Trickery – and The United States of America Government employees in Congress refuses to produce any documentation as to exactly who formed this Federal Corporation now known as “THE UNITED STATES OF AMERICA, dba, A 4 TIME BANKRUPT CORPORATION” a fraud scheme their Charter and Bonding necessary for a lawfully established corporation.
Treaties don’t give Indians “rights”; treaties uphold the rights that tribes never ceded.
Most people don’t understand this basic tenant. (Rights to self-governance, religious and cultural freedom!)
Self v. Rhay, 61 Wn (2d) 261
PDF De Facto Government Scam, Form #05.043 (OFFSITE LINK)- SEDM Forms page. Proof that American people under 113, does not have a government anymore, but simply a huge corporation in which “citizens” are really just “employees” and 114 officers of a corporation.
Treason to Treaty, within the U.S. Constitution, means thus and has now becomes a Federal law violation, and International violations.
Chief Justice John Marshal
“The common law is the real law, enacted by the people, the Supreme Law of the Land, ” Treaty ” the code, rules, regulations, policy, and statutes are “not the law,” (for the People)
Self v. Rhay, 61 Wn (2d) 261
A Corporation is defined as a company or group of people authorized to act as a single entity (legally a person) and recognized as such in law. As a result, all Corporations can sue and can be sued for acts arising out of their intentional and/or negligent torts.
Proof United States is NOT a country under this 2 court cases. Caha v. the United States and US v Bond–you cannot contradiction in law or it now becomes Null and void, ab into
Legal maximum: No law can create harm BLACK’S LAW DICTIONARY, Eighth Ed. Also, legal maximum “no one can forfeit another person’s rights.” and no office out to be injurious to no one, Legal Maximum: “it is a fraud to conceal a fraud.” deliberately causing one to act to his or her detriment
It is an established fact that the United States Federal Government has been, Dissolved by the “Emergency Banking Act, March 9, 1933, 48 Stat. 1, Public Law 89-719; declared by President Roosevelt, being bankrupt and insolvent. H.J.R. 192, 73rd Congress, M Session June 5, 1933—because of the Bankruptcy of the United States Congressional Record, March 17, 1993, Vol. 33 where all of Congress was forced to adjourn
“Without Day” in 1861 March 3, “sin die.”
Meaning never to meet again,
28 U.S.C. § 3002 Definitions
15) United States Means:
A) A Federal Corporation
B) An Agency, Department, Commission, Board, Or
C) An Instrumentality of the United States.
BLACKS LAW 3rd Edition; IE The UNITED STATES OF AMERICA, INC. – 28 U.S.C. @ 3002 Definitions (15) (A) (B) (C); Conflict of Interest.
Treaty-“a contract between sovereign nations”, the Constitution declares treaties to be “the supreme law of the land”, as such; they are superior to state laws and state constitutions. Until 1871 treaties were the way in which the United States conducted its relations with Indian tribes.
Treaties are the supreme law of the land.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;
Supremacy Clause Articular 6 clause 2 of the United States
All laws, rules, and practices which are repugnant to the ConstitutionConstitution are null and void.
Marbury v. Madison: 5 US 137 (1803)
UNITED STATES BANKRUPTCY’S 4 times over the nation national averaged, and 500 years of Europeans Immigration violation, No proper Federal writ to do Federal business on our lands.
The Colonial Wars (1689-1763) – Lewis & Clark-The Union War: The Revolution war and The Bankruptcy of The United States United States Congressional Record, March 17, 1993–
80-4 of the Tetuwan Treaty council Agency have NO say in Treaty!!
Legal Max: “To conceal a fraud is to commit a fraud” BLACKS LAW. McNally vs. United States 483 U.S. 350 (1987) also United States vs. Dial, 757 F 2d 163, 168 (7th Circuit 1985).
Have you ever received a letter from a STATE’S ATTORNEY GENERAL stating your documents have not stood in the laws of this state? They are absolutely correct because there are no laws, statutes, and modifications, whereas all of these are copy written into international law – they are practicing corporate policy against you. But they never state the “STATE LAW”, Code, Codifications DO they?Simply because he/she cannot. Remember also that he/she never produced their letter of authorization to use these copy written laws – did they?
What’s does all this mean.. ?? it means United states is not a country and Chartered corporation have no say in treaty agreements.
On Federal Lands.and can be sued as high as $630 billion or must pay in gold and silver and, all Embassy or corporation can be seized.
Did the U.S. government help destroy a major Sioux archeological site?
U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY – PHMSA_Safety Regulations 2015_Part_193.pdf
Energy Transfer Partners, the company responsible for construction of the hotly contentious Dakota Access Pipeline, has another controversial pipeline project with the potential to contaminate drinking water and the environment and destroy an area in Texas described as sacred and environmentally vital — and the ruthless company has been suing landowners to snatch their property for its own profiteering.
Known as the Trans-Pecos pipeline, the relatively short 143-mile project would carry natural gas from western Texas’ Permian Basin — likened to “America’s Saudi Arabia” as the country’s “Most Important Oil and Gas Resource” by Forbes — across the border into Mexico. But this project will run through the state’s pristine, remote Big Bend area, considered sacred to some and an environmental treasure to others, and — despite Texas’ long history of devotion to Big Oil and Gas — has sparked vociferous debate about property rights and corporate power.
Posted on September 15, 2016 by Stuzz – Free Thought Project – by Claire Bernish
Kelcy Warren is CEO of Energy Transfer Partners. “The most wealth I’ve ever made is during the dark times,” Warren told a Bloomberg reporter last year.
The Dakota Access Pipeline has catalyzed one of the biggest mobilizations against a piece of fossil fuel infrastructure since the Keystone XL’s defeat last year. One section of the four-state pipeline would run through the land and water mains of North Dakota’s Standing Rock Sioux, a fact that has prompted snowballing demonstrations along its proposed route. Since protests began in mid-August, activists from around the country have flocked to join the Sioux and other tribes to stop the project’s construction. Over Labor Day weekend, private security protecting the Dakota Access’s construction deployed dogs and pepper spray on activists attempting to block it. miniplanet September 9, 2016 Planet Progressive
Army Corps of Engineers Confirms Native Protesters Are Right — There Is No Written Easement for Dakota Access Pipeline
In the wake of hundreds of people protesting a couple weeks ago, Energy transfer Partners, the company attempting to construct the Dakota Access Pipeline, voluntarily stopped work at the building site just North of the Standing Rock Sioux Reservation.
The number of protesters is now over 4000 as many tribes have united to protect the land and water from contamination.
– KFYRTV reports, “The Army Corps of Engineers has confirmed that the company doesn’t have a written easement from the agency to build on Corps property. A corps spokesperson says that Energy transfer has filed the paperwork for the easement but it’s still under review.”
“That’s true they don’t have the easement that’s required to install the segment that’s across the Oahe project,” said Larry Janis, Army Corps Of Engineers.
The Arkansas Medical Marijuana Amendment of 2016, also known as Issue 6, is on the Arkansas ballot as an initiated constitutional amendment on November 8, 2016.
Medical Cannabis Act vs. Medical Marijuana Amendment
Below is a comparison of the Medical Cannabis Statute, Issue 7 and Issue 6. The main differences lie in patent card fee limits, the organizations that would implement the program, the distribution of sales tax revenue, and the ability for individuals to grow marijuana at home.
Medical Marijuana Amendment (Issue 6)
Sets a cap on the fee required to acquire a dispensary or cultivation license, but no limit on the cost for patient card fees;
Establishes a Medical Marijuana Commission
Dictates that the state’s Department of Health must set rules for patient cards and medical conditions that qualify a patient for medical marijuana use;
Dictates that the state’s Alcoholic Beverage Control establish operating rules for dispensaries and cultivators;
Prohibits patients from growing marijuana at home;
Requires sales tax revenue to be divided up in the following way:
10 percent to the medical marijuana program;
10 percent to the Skills Development Fund;
30 percent to the state’s General Fund;
50 percent to the state’s Vocational and Technical Training Special Revenue Fund.
Medical Cannabis Act (Issue 7)
Sets a cap on the fees required to get dispensary and cultivation licenses and the fees required for patient cards;
Dictates that the Arkansas Department of Health must set rules for patient cards, medical conditions that qualify a patient for medical marijuana use, and operating rules for dispensaries and cultivators;
Allows patients to grow marijuana at home;
Requires that all sales tax revenue goes back into the medical marijuana program.
Arnold Law Firm September 16 at 6:34am · So only Ryan Bundy moved to strike as hearsay and prejudicial? And only Ammon’s attorney moved to strike as not responsive? This is some basic stuff. Trial skills need to be honed on a regular basis with actual trials. Federal defenders don’t try cases all that regularly and may not be as quick on their feet for objections and motions to strike as a state public defender for instance who are in trial more regularly. Federal defenders are largely sentencing and motion lawyers compared to their state counterparts.It’s crazy how quickly trial skills start to rust when you don’t use them. I was in trial this week just talking about how rusty I was since I wasn’t in trial this summer at all. Aged experience may just as well be never when it comes to thinking on your feet using the evidence code. http://snip.ly/i63ma
Ammon Bundy’s lawyers file motion for a mistrial, claiming ‘prejudicial’ testimony by Harney County sheriff
SEP 16, 2016. 800 E Sonterra Blvd San Antonio, TX NoDAPL at Energy Transfer Impromptu direct action #NoDAPL. Water = Life. Respect the treaties. We stand with Standing Rock https://www.facebook.com/events/101…
Thanks, Kira Young, Jason Patrick, Barbara Ovalle, Hal Anthony, Grimnir of rlmRadio, JulES of UCY.TV and everyone that is a part of What Matters Worldwide.