While reaction to President Donald Trump’s Jan. 24 actions designed to move forward both the Keystone XL and Dakota Access pipelines was swift, the immediate impact of his memoranda remained unclear.
Nothing in Trump’s memorandum on the Dakota Access Pipeline appears to force approval of the project but it calls on officals to speed up the U.S. Army Corps of Engineers’ ongoing environmental review process.
A presidential memorandum is somewhat different from a presidential executive order and some observers say it has a lesser impact.
Other observers wondered if Trump’s decision to sign the documents fit what they see as a pattern of Trump and his aides seeking to distract the media from other events happening as the administration gears up, including nomination hearings, ethics inquiries and changes to websites and policies that restrict communication with the public and prevent public input. Also published on Jan. 24 was a proclamation that Trump signed soon after becoming president Jan. 20, declaring that day to be a “National Day of Patriotic Devotion.”
In the Dakota Access Pipeline memo Trump tells the U.S. Army Corps of Engineers to “review and approve in an expedited manner, to the extent permitted by law and as warranted, and with such conditions as are necessary or appropriate” the company’s request to finish the pipeline. The remaining work would push the pipeline under Lake Oahe on the Missouri River just north of the Standing Rock Sioux Nation reservation. The proposed crossing is upstream from the tribe’s reservation boundaries, and the tribe has water, treaty fishing and hunting rights in the lake.
The Corps decided Dec. 4 to put that work on hold, cheering opponents, and conduct the environmental impact statement, including exploring alternative routes.
At the time, Presiding Bishop Michael Curry asked that “the assessment involve extensive consultation with affected populations, and that any plan going forward honor treaty obligations with the Standing Rock Sioux.”
The Episcopal Church has been advocating with the Sioux Nation about the pipeline since summer 2016. Local Episcopalians have also provided a ministry of presence in and around Cannon Ball, North Dakota, which has been the focal point for the groups of water protectors that gathered near the proposed crossing.
However, Trump’s order says the Army shall “consider, to the extent permitted by law and as warranted, whether to rescind or modify” its Dec. 4 decision, revert to the Corps July 2016 environmental assessment and grant the required easement for the lake crossing.
The Standing Rock Sioux Nation said that Trump’s actions Jan. 24 violate the law and tribal treaties. Saying it will take legal action against Trump’s efforts, the tribe added, “Nothing will deter us from our fight for clean water.”
The tribe urged its supporters “to fight and stand tall beside us,” and to contact their representatives in Congress to “let them know that the people do not stand behind today’s decision....”
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Links for more information:
Original story from the Episcopal News Service here.
Presidential Memoranda during Trump's first week in office, including action on the DAPL
Executive order expediting environmental impact studies for infrastructure projects, Jan 24