Standing Rock Breaking News: Army Corps Denies Easement

It looks like the Army Corps of Engineers has denied permission to Energy Transfer Partners to drill under Lake Oahe.

I have seen confirmation from Dallas Goldtooth of the Indigenous Environmental Network, and David Archambault, the chairman of the Standing Rock Sioux, has issued a statement (I'm looking for the exact text). Text is below i comments in two parts

Snopes confirms. http://www.snopes.com/2016/12/04/army-corps-denies-easement-and-blocks-t...

Thanks to our very own Tall Bald and Ugly, who saw it before I did. http://caucus99percent.com/content/did-federal-judge-just-stop-dapl

This is very exciting, assuming it's true, and I just hope that it's not a tactic to get folks to leave Oceti Sakowin.

I'll update this as I get more news.

**1st update 4:30pm MT** Check the comments for other documents, links, video**

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blazinAZ's picture

I haven't been able to find the full letter, but here's what looks like the first page.

Archambault statement.JPG

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There is no justice in America, but it is the fight for justice that sustains you.
--Amiri Baraka

divineorder's picture

This should motivate us to double down on efforts to go after the banks who are financing this dead end.

Recently in Santa Fe we participated in an action in front of Bank of America and Wells Fargo asking folks to move their money and the banks to stop financing climate change fail.

Now read where there are ongoing actions against the banks around the world!

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Raggedy Ann's picture

People must not leave until all invaders leave. It's not over til it's over.

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"The “jumpers” reminded us that one day we will all face only one choice and that is how we will die, not how we will live." Chris Hedges on 9/11

divineorder's picture

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divineorder's picture

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snoopydawg's picture

And almost every comment was thanking Obama for halting the pipeline.
The suck up on there is unimaginable. Where was his voice when people were being injured by the rubber bullets, concussion grenades or especially being sprayed with water in freezing temperatures?
Yes, thanks Obama for finally getting off your tush and stopping the pipeline for now, but especially for not giving the police, the mercenaries and national guard any more reason to brutalize the protectors.
Speaking of the mercenaries, did you know that they have the ability to listen to people's phone calls, track their social media and everything else that our government can do that goes against our 4th amendment.
I don't remember any vote on that or congress passing a bill that gives private mercenary companies the right to do those things.
This is who Tiger Swan is and what they can do.
http://warisacrime.org/content/standing-rock-tigerswan-and-dawn-official...
Remember this next time that mercenaries are rolled out to protect the elites.
This should abhor every American, but of course they aren't aware of this because our media doesn't do it's job.

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Steven D's picture

He was just following orders from his paymasters.

The corporate media coverage didn't stop it, as it was non-existent or biased in favor of the pipeline construction to a ludicrous and absurd extent

The people who stopped it were the Water Protectors.

They are the ones who deserve all the credit.

Period.

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"You can't just leave those who created the problem in charge of the solution."---Tyree Scott

blazinAZ's picture

2nd page.JPG

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--Amiri Baraka

snoopydawg's picture

This goes to Sally Jewells twitter statement. Scroll down for it.
http://thehill.com/people/sally-jewell
This goes to the hill article
http://thehill.com/policy/energy-environment/308702-army-corps-halting-w...

Federal officials have denied the final permits required for the Dakota Access Pipeline project in North Dakota.

The Army Corps of Engineers announced Sunday it would instead conduct an environmental impact review of the 1,170-mile pipeline project to determine if there are other ways to route the pipeline to avoid a crossing on the Missouri River.
“Although we have had continuing discussion and exchanges of new information with the Standing Rock Sioux and Dakota Access, it’s clear that there’s more work to do,” Army Assistant Secretary for Civil Works Jo-Ellen Darcy said in a statement.
“The best way to complete that work responsibly and expeditiously is to explore alternate routes for the pipeline crossing.”
The decision comes after months of protests against the proposed project. The Standing Rock Sioux tribe objects to the pipeline, warning that it threatens their drinking water supply.
Sunday’s decision is a major victory for the tribe, which sued against other permitting decisions for the project, pushed the Obama administration to deny it, and rallied tribal allies and anti-pipeline activists to their cause.

But then there's this sentence

The long-term effect of the Army Corps of Engineer's decision is unknown. President-elect Donald Trump's transition team told lawmakers last week that he supports the pipeline and will grant the permit.

The pipeline might still be built and go under water at some point, but I thought that there was a 12/31 deadline for it to be built or they'd lose a lot of money or something?

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divineorder's picture

http://dailycaller.com/2016/11/16/report-oil-market-downturn-might-doom-...

Report: Oil Market Downturn Might Doom The Dakota Pipeline
Photo of Chris White
Chris White

Read more: http://dailycaller.com/2016/11/16/report-oil-market-downturn-might-doom-...

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snoopydawg's picture

In addition to the lower oil prices, there's this.

The missed deadline will likely trigger investors and contractors to renegotiate the terms of the contracts they initially signed with ETP, potentially leaving the pipeline in legal limbo, according to the authors of the report, which was published by the Institute for Energy Economics and Financial Analysis.
The renegotiated contracts could be hampered still further by fledgling oil markets.

I'm confused after reading today that OPEC is going to raise the price of oil and not sure what impact that will have on this pipeline or others.
This pipeline is almost completed except for the area around where the protests are happening IIRC.

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oil prices are going up again.
Am optimistic, but not convinced it's over.

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divineorder's picture

Who knows?

Heh. Just came across this on Twitter>>>>>

Would not put anything past O Admin.

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Deja's picture

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blazinAZ's picture

Energy Transfer Partners will definitely appeal to the courts. No doubt about that.

And though I can't find the official statement from the Corps of Engineers, Archambault talks about "alternative routes," which is unacceptable to many of us.

This struggle, imo, is not only about not having the pipeline on indigenous treaty lands. It's about stopping pipelines completely.

We must remain vigilant, for sure.

But this is a good day.

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There is no justice in America, but it is the fight for justice that sustains you.
--Amiri Baraka

ggersh's picture

and many thanks for keeping this in the spotlight for all of us!

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I never knew that the term "Never Again" only pertained to
those born Jewish

"Antisemite used to be someone who didn't like Jews
now it's someone who Jews don't like"

Heard from Margaret Kimberley

snoopydawg's picture

About where it goes next, but what is amazing is that there are over 10,000 miles of pipelines in LA alone that has allowed salt water to destroy thousands of miles of land.
James Lee Burke writes about this in his Dave Robechaux novels.

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solublefish's picture

but I agree, caution and skepticism is warranted.

Somehow, I doubt BO made this decision independently or arbitrarily. I am more inclined to believe that he consulted with interested elite parties - Trump, DAPL, finance, and Saudis - before pursuing a course agreed upon by all. We shall see. Certainly an oil price rise will potentially make the project viable again, if it might have been harmed by the delay. The banks can afford to wait. I do not think it is as simple as BO suddenly giving up - he showed no inclination to remorse or sympathy in the past. I do think the impending arrival of the veterans might have affected the timing of the announcement, and perchance the decision itself.

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blazinAZ's picture

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There is no justice in America, but it is the fight for justice that sustains you.
--Amiri Baraka

blazinAZ's picture

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There is no justice in America, but it is the fight for justice that sustains you.
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Lookout's picture

but I'm cautious. It could be switch and bait. As some said upthread - break up the camp - then drill baby drill - oh we'll pay the fine.

Thanks blaze for all your good reporting!

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“Until justice rolls down like water and righteousness like a mighty stream.”

Lookout's picture

sounds like another route approach. However, RFK said if the Environmental impact statement was called for T-rump can't stop it. Maybe the vets helped.

Its not very long:

The Department of the Army will not approve an easement that would allow the proposed Dakota Access Pipeline to cross under Lake Oahe in North Dakota, the Army's Assistant Secretary for Civil Works announced today.
Jo-Ellen Darcy said she based her decision on a need to explore alternate routes for the Dakota Access Pipeline crossing. Her office had announced on November 14, 2016 that it was delaying the decision on the easement to allow for discussions with the Standing Rock Sioux Tribe, whose reservation lies 0.5 miles south of the proposed crossing. Tribal officials have expressed repeated concerns over the risk that a pipeline rupture or spill could pose to its water supply and treaty rights.
"Although we have had continuing discussion and exchanges of new information with the Standing Rock Sioux and Dakota Access, it's clear that there's more work to do," Darcy said. "The best way to complete that work responsibly and expeditiously is to explore alternate routes for the pipeline crossing."
Darcy said that the consideration of alternative routes would be best accomplished through an Environmental Impact Statement with full public input and analysis.
The Dakota Access Pipeline is an approximately 1,172 mile pipeline that would connect the Bakken and Three Forks oil production areas in North Dakota to an existing crude oil terminal near Pakota, Illinois. The pipeline is 30 inches in diameter and is projected to transport approximately 470,000 barrels of oil per day, with a capacity as high as 570,000 barrels. The current proposed pipeline route would cross Lake Oahe, an Army Corps of Engineers project on the Missouri River.

https://www.army.mil/article/179095/army_will_not_grant_easement_for_dak...

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“Until justice rolls down like water and righteousness like a mighty stream.”

WindDancer13's picture

Keep those cards and letters coming in, kids!

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We are what we repeatedly do. Excellence, then, is not an act, but a habit.--Aristotle
If there is no struggle there is no progress.--Frederick Douglass

hester's picture

this is a good day. finally something good.

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Don't believe everything you think.

blazinAZ's picture

http://www.chron.com/news/texas/article/The-Latest-Navy-veteran-among-10...

North Dakota Gov. Jack Dalrymple said in a statement that the Corps' decision "is a serious mistake," ''prolongs the serious problems" that law enforcement faces and "prolongs the dangerous situation" of people camping in cold, snowy conditions.

North Dakota Republican Rep. Kevin Cramer says that the Army Corps' decision not to grant an easement for the Dakota Access oil pipeline is "a very chilling signal" for the future of infrastructure in the U.S.
Cramer said in a statement that infrastructure will be hard to build "when criminal behavior is rewarded this way," apparently referring to the large protest encampment on federal land and the clashes between demonstrators and law enforcement.

Doesn't sound like they're pulling their troops back

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There is no justice in America, but it is the fight for justice that sustains you.
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divineorder's picture

http://abc13.com/news/feds-block-route-of-dakota-access-pipeline-in-nd/1...

On Monday, some veterans will take part in a prayer ceremony in which they'll apologize for historical detrimental conduct by the military toward Native Americans and ask for forgiveness, Clark said. He also called the veterans' presence "about right and wrong and peace and love."

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riverlover's picture

reparations, and obligations from old treaties by the NAs, considered still a lower class. Did you see TYT interviews outside of Walmarts in Mandan and Bismark? The Caucasions are still distrustful, doubt the complaints by Tribal members. In NY, I have an Onandaga Nation (part of the old Iroquois Nation) rez up the interstate before Syracuse. The NAs are still looked on with distrust and derision. The kids attend public schools. And are considered untrustworthy (shifty) by local adults who pass that along to their kids. In NY!!! The NE elites! Even 4 hours from the City!

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divineorder's picture

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A truth of the nuclear age/climate change: we can no longer have endless war and survive on this planet. Oh sh*t.

are now to be classified as infrastructure? Well blow me down with a feather. And here I was, thinking the were intended to make more money for the oil industry. How silly of me!

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native

Deja's picture

Welcome to Thunder Dome and Orwellian Hell!

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always ready and willing to kiss some corporate ass.

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native

Deja's picture

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LeChienHarry's picture

the shootee badly) "sponges" today. How does a "sponge" develop enough thrust or percussive since it's not solid? This is such a dumb thing to say but I'll bet very few notice. NPR reads what is given to them. Public Service Announcements straight from the corporation for.....

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Deja's picture

It was just background noise to my spewing, "Stay in your f%cking lane!" and, "Oh my god! Where's my f%cking lane?"

But, sponges equalling rubber bullets (one of which actually peeled back a portion of scalp), sounds about right for a non fake news provider. (/s on those last 4 words)

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solublefish's picture

Cramer said in a statement that infrastructure will be hard to build "when criminal behavior is rewarded this way,"

Straight out of the Barry Goldwater playbook, that. Citizens exercising rights = "criminal behavior", especially when they are non-white; and especially when such actions embarrass the real criminals - the people who exploit, rape, burn, and destroy the people and the land for their own profit.

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Oldest Son Of A Sailor's picture

Victory! #NoDAPL

"The U.S. Army Corps of Engineers has denied an easement for the $3.8 billion Dakota Access Pipeline, according to a statement from the Standing Rock Sioux tribe, which has been protesting the project, saying it could contaminate water supplies.

"Today, the U.S. Army Corps of Engineers announced that it will not be granting the easement to cross Lake Oahe for the proposed Dakota Access Pipeline," the tribe said in a statement. "Instead, the Corps will be undertaking an environmental impact statement to look at possible alternative routes."

The 1,172-mile (1,885-km) Dakota Access Pipeline, owned by Texas-based Energy Transfer Partners LP, is mostly complete, except for a segment planned to run under Lake Oahe, a reservoir formed by a dam on the Missouri River."
http://news.trust.org/item/20161204214257-ojolv

[video:https://www.youtube.com/watch?v=5ZyUfqTV460]

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"Do you realize the responsibility I carry?
I'm the only person standing between Richard Nixon and the White House."

~John F. Kennedy~
Economic: -9.13, Social: -7.28,

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She did nothing, nada, nothing to help us get the pipeline stopped in western MA.

She can join Shrillary in making toast, toast, done, over. Think she should take some lessons from Tulsi Gabbard about what a brave, honest person does.

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Lookout's picture

Warren has been as big a disappointment as Obummer. She fails to stand up on anything other than bank control.

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“Until justice rolls down like water and righteousness like a mighty stream.”

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divineorder's picture

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A truth of the nuclear age/climate change: we can no longer have endless war and survive on this planet. Oh sh*t.

gulfgal98's picture

I am going to take this with a grain of salt. The influx of 2000+ veterans certainly created very bad optics for the government. We need the vets to stay there as long as possible.

Right now, given the timing with the arrival of the vets, this sounds like a way to slightly delay this pipeline so that the water protectors and their allies will leave.

Even if the pipe line goes on a different route, it is still something that should never have been permitted period. We have the means to move beyond fossil fuels and approval of any more of these type of permits is simply contributing to the rapid decline in our environment and continue tp ush climate change at an ever escalating rate.

We need decision makers to look beyond protecting the corporate bottom line and start protecting life itself.

I urge the water protectors and their allies to stay put and stay strong.

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Do I hear the sound of guillotines being constructed?

“Those who make peaceful revolution impossible will make violent revolution inevitable." ~ President John F. Kennedy

Steven D's picture

An EIS (Environmental Impact Statement) is a lengthy process that can take anywhere from months (when there is little controversy involved) to years - See, e.g., the Keystone XXL EIS process:

Keystone’s first application for the Keystone XL pipeline was submitted on September 19, 2008, and a Final EIS was published on August 26, 2011. [...]

In November 2011, the Department determined that additional information was needed to fully evaluate the application—in particular, information about alternative routes within Nebraska that would avoid the NDEQ-identified Sand Hills Region. In late December 2011, Congress
adopted a provision of the Temporary Payroll Tax Cut Continuation Act that sought to require the President to make a decision on the Presidential Permit for the 2011 Final EIS route within 60 days. That deadline did not allow sufficient time to prepare a rigorous, transparent, and objective review of an alternative route through Nebraska. As such, the Presidential Permit was denied.

Ultimately a supplemental EIS was not completed until 2014, stringing the process out another 3 years, which allowed opposition to make the case for killing that pipeline, a decision that which the Obama administration did finally take in November, 2015.

Once the EIS process is begun, it is difficult for the government to back out of carrying that process through to its final end under the current laws on the books. If Trump tried to grant a permit at this point it would lead to immediate litigation that would likely result in further delay. Not saying we are out of the woods, per se, but this is a significant action by the COE in admitting the DAPL does indeed require an EIS, and one that Trump cannot easily get around from a legal standpoint. Indeed, this may, in fact be what the banks would prefer at this point, as the current delay has highlighted the problems with the economic viability of the pipeline under the present circumstances. They might prefer to play a waiting game as the "alternative routes are explored" and the EIS proceeds, hoping for a resolution that would salvage their investment in the project at some date in the future, or allow them to take a tax write-off for the bad loans.

My personal opinion is that the sudden change in the Obama administration's position was driven by the needs of the big banks, and not that of the pipeline company and its investors. That and the growing negative attention that the conflict at Standing Rock and the LEO response to Native American protestors and their allies, including the contingent of veterans has created.

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"You can't just leave those who created the problem in charge of the solution."---Tyree Scott

Lady Libertine's picture

I remain skeptical however.

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riverlover's picture

And USACE did brinksmanship, here, not a good sign. I am not hopeful. Well, a teeny bit. But I am having bad thoughts. Fines can be paid, after all.

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Lookout's picture

Sioux treaty lands.JPG

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“Until justice rolls down like water and righteousness like a mighty stream.”

I would find some place to put the pipe over the water that would not be on native American treaty-protected soil. A place that they would be (or anyone would be) trespassing to protest. Private land purchased from some heartless individual or company.
I can't read the map, but those veterans can. I do not think this is over.
I give zero credit to Obama, 100% credit to the protesters, especially the veterans.
At the very least, the protesters can get much needed rest tonight.
Bless their hearts.

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"We'll know our disinformation program is complete when everything the American public believes is false." ---- William Casey, CIA Director, 1981

blazinAZ's picture

We don't want the pipeline moved. We want it stopped.

Pushing the pollution off on some other community is not the answer. Keeping all fossil fuels in the ground starting immediately -- that's the answer.

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There is no justice in America, but it is the fight for justice that sustains you.
--Amiri Baraka

Well, the inevitable pipeline pollution from leaks/splits would ultimately involve the whole river and any involved watersheds, so it would involve hazard to a whole bunch of communities wherever it was placed; the ones closest would see the worst of it, but liquid fossil fuel poisons travel well in flowing water, as do poisoned/damaged fish and other water-life also more susceptible to contagious - perhaps especially fungal - disease, thus carried and spread downstream as well... we are all interdependent parts of the whole and water circulates globally, in the end - or we all die.

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Psychopathy is not a political position, whether labeled 'conservatism', 'centrism' or 'left'.

A tin labeled 'coffee' may be a can of worms or pathology identified by a lack of empathy/willingness to harm others to achieve personal desires.

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Late Again's picture

This is a stalling tactic, nothing more. I trust ETP, their investors, the banks and Obama about as far as I can throw them, which is to say: not at all.

Fines to these people are just a cost of doing business and amount to no more than the change I could find in my couch. Don't forget the old axiom, "it's easier to ask forgiveness than permission" not that they have or would ask for either.

If I were in a position to make such decisions, that camp would be there until any prospect of laying one more length of pipe was beyond impossible, until the investors threw up their hands and walked away in disgust - preferably after losing their shirts on the deal - and until the banks withdrew their backing, battered and shocked by boycotts and divestments. Then - and only then - would I consider dispersing the Oceti Sakowin camp.

Then I'd reassemble it at the next battle site. There are many from which to choose.

I never thought I'd grow up to be such a cynic.

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"When we remember we are all mad, the mysteries disappear and life stands explained." - Mark Twain

Citizen Of Earth's picture

"ETP and SXL are fully committed to ensuring that this vital project is brought to completion and fully expect to complete construction of the pipeline without any additional rerouting in and around Lake Oahe. Nothing this Administration has done today changes that in any way. "
http://www.businesswire.com/news/home/20161204005090/en/Energy-Transfer-...

They plan to wait for Fascist Trump to rubber stamp it in January.

I am convinced Obama was afraid of seeing the bloodied faces of veterans plastered all over the news smearing his legacy. Apparently though, he was perfectly fine with the bloodied faces of Native Americans.

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Donnie The #ShitHole Douchebag. Fake Friend to the Working Class. Real Asshole.

Raggedy Ann's picture

our service people. What a black eye this would be. Indeed, he is trying to salvage something, anything left of his legacy.

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"The “jumpers” reminded us that one day we will all face only one choice and that is how we will die, not how we will live." Chris Hedges on 9/11

...

December 04, 2016 11:05 PM Eastern Standard Time

DALLAS & NEWTOWN SQUARE, Pa.--(BUSINESS WIRE)--Energy Transfer Partners, L.P. (NYSE: ETP) and Sunoco Logistics Partners L.P. (NYSE: SXL) announced that the Administration’s statement today that it would not at this time issue an “easement” to Dakota Access Pipeline is a purely political action – which the Administration concedes when it states it has made a “policy decision” – Washington code for a political decision. This is nothing new from this Administration, since over the last four months the Administration has demonstrated by its action and inaction that it intended to delay a decision in this matter until President Obama is out of office. ...

OK, if a government regards an reference to 'policy' as being meaningless, apparently having no policy other than bamboozling while draining the public it exists to serve in order to further enrich those already having the bulk of everything, doesn't that make it a fake government?

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Psychopathy is not a political position, whether labeled 'conservatism', 'centrism' or 'left'.

A tin labeled 'coffee' may be a can of worms or pathology identified by a lack of empathy/willingness to harm others to achieve personal desires.

WaveyDavey's picture

recent transition team statement.

http://www.reuters.com/article/us-usa-trump-pipeline-idUSKBN13U15I

According to a memo released by Donald Trump's transition team, the president-elect supports the completion of the Dakota Access Pipeline. This memo marks the first time he has publicly come out in support of the controversial pipeline. According to the Associated Press, who obtained a copy of the 17-page document sent to Trump supporters, the memo denies that Trump's support of the DAPL has any connection to his personal investments in the project.

The newly-released Trump transition team memo states that Trump

"intends to cut the bureaucratic red tape put in place by the Obama administration that has prevented our country from diversifying our energy portfolio,"

which includes the DAPL. Once in office, Trump and his administration could allow construction to continue along the original route.

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The people, united, will never be defeated.

h/t, Blazin, but it was community radio that let ME know, kmud.org in Northern Cali. Someone had heard about it and called it in and the station pretty much threw it out there!
I tried to confirm and was getting nowhere, so I asked for help.
You people are Beautiful! You responded within Minutes with more info, sources(thanks RA) and links.
Thank You ALL!

peace

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Ya got to be a Spirit, cain't be no Ghost. . .

Explain Bldg #7. . . still waiting. . .

If you’ve ever wondered whether you would have complied in 1930’s Germany,
Now you know. . .
sign at protest march

riverlover's picture

and are building housing for more influx of industry-protectors. Psy-ops on them. I feel sympathy for those who aren't into it, except to save their own livelihoods. Many cannot afford to walk away. A terrible moral quandary.

Why are there still residents of Flint? Somewhat (except for the lead [Pb]) another moral dilemma. No one can afford to uproot and start all over!

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