Chief Obama and the Dakota Pipeline A case study in why the U.S. doesn’t build more infrastructure.

http://www.wsj.com/articles/chief-obama-and-the-dakota-pipeline-1473808024

Democrats are running for office claiming that the U.S. needs to spend hundreds of billions on infrastructure. If you want to know why they’re not serious, look no further than the Obama Administration’s order halting construction on a sliver of an oil pipeline in North Dakota even after the U.S. won in court.

On Friday federal Judge James Boasberg allowed construction to proceed on the 1,100 Dakota Access pipeline, which aims to deliver a half million barrels of crude a day from the Bakken shale to Pakota, Illinois, for delivery to East Coast and Gulf refineries. Shipping oil via pipeline is less expensive and safer than by rail with fewer carbon emissions.

The Dakota Access would be a boon for the northern Plains, which has suffered more from the rout in oil prices than other regions with better access to markets. The pipeline would make Bakken crude more economical by reducing the shipping cost and supply glut at the source. It was on course to be finished by the end of this year.

But green groups have locked arms with some Native American tribes to block pipeline work around Lake Oahe—a water source for the Standing Rock Sioux—that was permitted this summer by the U.S. Army Corps of Engineers. Nearly half of the clearing and grading for the pipeline is complete including 90% in North Dakota. As Judge Boasberg noted, the pipeline “needs almost no federal permitting of any kind because 99% of its route traverses private land.”

Under the National Historic Preservation Act, federal agencies must follow certain procedures prior to permitting projects that could affect places of cultural or religious significance to Indian tribes. But the law applies only to activities that are subject to federal jurisdiction, not those undertaken on private land.

The company Dakota Access went above and beyond the law’s requirements to mitigate its environmental impact. This meant devising the route to avoid sites on the National Register of Historic Places as well as those identified as potentially eligible for listing. Archaeologists conducted cultural surveys including visual reconnaissance and “shove-test probes” to examine historic sites. The pipeline was modified 140 times in North Dakota alone to avoid potential cultural resources. Around Lake Oahe, the pipeline will run adjacent to the Northern Border Gas Pipeline that was completed in 1982, which reduces the likelihood that construction would harm intact tribal features.

The Army Corps of Engineers bent over backward to consult the Standing Rock Sioux, only to be ignored or rejected. The tribe ignored agency letters requesting comment and belatedly cancelled meetings. “When the Corps timely arrived for the meeting,” the judge noted, “Tribal Chairman David Archambault told them that the conclave had started earlier than planned and had already ended.”

After the Corps issued an environmental assessment of “no significant impact” in July, the Standing Rock sued the Corps for violating the National Historic Preservation Act’s consultation requirements and sought to force a halt to construction around Lake Oahe. CONTINUE AT SITE

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