Bakken pipeline received final federal permit; land use lawsuit pending

The U.S. Army Corps of Engineers has granted the Texas-based Dakota Access company a federal permit to build the Bakken pipeline across Iowa.

Although opponents plan various forms of direct action, the best remaining chance for stopping the pipeline is a lawsuit challenging the Iowa Utilities Board’s authority to use eminent domain for a project with no legitimate public purpose.

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Landowners challenge use of eminent domain for Bakken pipeline

Pipes intended for use in the Dakota Access pipeline being stored in Jasper County, Iowa during 2015. Photo provided by Wallace Taylor, used with permission.

The Iowa Utilities Board issued a permit for the Dakota Access (Bakken) pipeline on April 8, after declaring that Dakota Access LLC "has substantially complied with the requirements" of the board’s March 10 order. The same day, a group of agricultural landowners filed a lawsuit challenging the board’s use of eminent domain for the pipeline, intended to carry oil roughly 400 miles across eighteen counties from northwest to southeast Iowa. Litigation grounded in environmental concerns about the pipeline is expected later this year.

Follow me after the jump for more details on the land use lawsuit and ongoing efforts to block the pipeline at the federal level.

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Market forces may kill Bakken pipeline despite likely Iowa Utilities Board approval

Pipes intended for use in the Dakota Access pipeline being stored in Jasper County, Iowa during 2015. Photo provided by Wallace Taylor, used with permission.

UPDATE: As expected, the board voted unanimously to approve the permit. Scroll to the end of this post for more details and reaction.

The Iowa Utilities Board will meet this afternoon to issue a decision on the proposed Dakota Access pipeline. Everyone I know in the environmental community expects the three board members to approve the permit for this project, better known as the Bakken pipeline. Litigation is sure to follow, as opponents charge the Iowa Utilities Board’s eminent domain powers may be used only in the service of a "public good," not "to privilege a private corporation."

Other legal hurdles include the need for a permit from the Iowa Department of Natural Resources, because the pipeline route would cross "four areas in Iowa that have been identified as sovereign lands." The Sierra Club Iowa chapter has been pushing for a thorough Environmental Impact Study and archaeological review. (Too many Iowa politicians from both parties signed a letter to the utilities board opposing an independent environmental impact assessment.)

Iowa State University economist Dave Swenson has long cast doubt on the "bloated" economic impact numbers Dakota Access has used to market the project. Click here for Swenson’s detailed analysis on the pipeline’s "purported economic and fiscal benefits to the state of Iowa."

A growing number of observers believe the project no longer makes economic sense even for Energy Transfer Partners, the parent company of Dakota Access.

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Two bizarre takes on the IA-Sen Democratic primary

Patty Judge’s decision to run for U.S. Senate was Iowa’s biggest political news last week. Taking their cue from Washington-based pols who recruited the former lieutenant governor, many national reporters who covered the story took for granted that Judge will be the Democratic challenger to six-term Senator Chuck Grassley, glossing over the fact that she will face serious competition in the June primary.

On the flip side, the Des Moines Register’s Kathie Obradovich and Howie Klein of the Down With Tyranny! blog recently made some odd assessments in their reviews of the Democratic race for Senate.

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Keystone Killer to Headline Climate Caucus

"Without Jane Kleeb, the Keystone XL pipeline might be a done deal right now." -promoted by desmoinesdem

Keystone Killer to Headline Climate Caucus

by Ed Fallon



The movement toward climate sanity has had plenty of set-backs over the years. But the tide is turning, and our recent victory with the defeat of the Keystone Pipeline is indicative of momentum swinging our way.



No one has been more instrumental in the fight to block Keystone than Jane Kleeb, the Nebraska activist who fired-up the national effort by building a powerful coalition of rural folks not typically involved in these types of struggles.

So, as folks across Iowa find themselves battling the Bakken Pipeline (truly, Keystone’s replacement), what better person to headline the Climate Emergency Caucus on Friday, January 29th from 7:00-9:00 p.m. in the auditorium of Central Campus at 1800 Grand Avenue in Des Moines?


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The 15 Bleeding Heartland posts I worked hardest on in 2015

As I mentioned on Tuesday, writing is a labor of love for me. Some posts are much more labor-intensive than others.

All of the pieces linked below took at least a couple of days to put together. Some were in progress for weeks before I was ready to hit the publish button. (No editor, deadlines, or word limits can be a dangerous combination.) A few of the particularly time-consuming posts required additional research or interviews. More often, the challenge was figuring out the best way to present the material.

Several pieces that would have qualified for this list are not included, because they are still unfinished. Assuming I can get those posts where they need to be, I plan to publish them during the first quarter of 2016.

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