Dakota Access Pipeline (DAPL): How More Facts Just Keep Getting In the Way of Emotion and Dogma

Now we have two federal courts and four federal judges determining that the Standing Rock Sioux Tribe has no case about supposed cultural resources of any kind at the Lake Oahe area.  See my prior post: The Great Lake Oahe Hoax Regarding Dakota Access Pipeline

To any doubters that are still out there here are a few more facts—including a confirmation after the September 9th Court decision by the North Dakota State Historical Society and seven archeologists that there are no cultural resources in the pipeline pathway!  

Understood that there’s lots of emotion and political ideology at work here and that both are self-reproducing and dogmatically immune from facts or reason that run counter to the dogma. 

Sadly, there is no question to anyone that outsiders are using and manipulating the Tribe and its members' emotions for their own ideological agendas. As a fifth federal court judge who has looked at this case aptly said, "many instigators are from out-of-state and have political interests in the pipeline protest and hidden agendas vastly different and far removed from the legitimate interests of Native Americans of the Standing Rock Sioux Tribe." As the ideological pledge adherents take says --"do what it takes".

But, as they say, you are entitled to your own opinion -- and to your own ideological “ism”-- but not to your own facts. Here are some more facts:

Facts Found By The District Court (among others):

·     ETP did cultural surveys that covered the entire length of the pipeline in North and South Dakota, and much of Iowa and Illinois.

·     Where this surveying revealed previously unidentified historic or cultural resources that might be affected, the company mostly rerouted the line.

·     In North Dakota, for example, the cultural surveys found 149 potentially eligible sites, 91 of which had stone features. The pipeline workspace and route was modified to avoid all 91 of these stone features and all but 9 of the other potentially eligible sites.

·     Plans had also been put in place to mitigate any effects on the other 9 sites through coordination with the North Dakota SHPO.

·     All told, the line was rerouted 140 times.

More Facts Provided to the Circuit Court of Appeals

·     The University of North Dakota surveyed the gas pipeline route for cultural sites in conjunction with construction of that pipeline in the early 1980s, finding no cultural sites that would be harmed by the work.

·     More recent cultural surveys by professional archeologists between 2014 and 2015 confirmed, with the concurrence of the North Dakota State Historic Preservation Office, that no historic properties were present or would be affected by the pipeline.

·     As recently as September 21, 2016, these determinations were confirmed by the North Dakota State Historical Society.

·     On September 21, 2016, seven archeologists from the State of North Dakota conducted a cultural resources survey of this area. These seven scientists concluded that the Tribes allegations of impacts on cultural resources have no merit.

·     The State’s archeologists discovered no cultural material in the pipeline corridor, and determined that the locations alleged by the Tribe to be protectable are are indeed outside the pipeline corridor.

·     The State’s archeologists also concluded, contrary to Tribe’s late assertion of impact, that no human remains or significant sites, inside or outside of the pipeline corridor, have been disturbed by pipeline construction.

I’m all about engaging with stakeholders and neighbors along a pipeline route or with respect to any project to make the best decisions and to try to best accommodate all interests, feelings and opinions.  According to the above facts, so is Energy Transfer Partners regarding the Dakota Access Pipeline.