Tracker Pixel for Entry

State settles misconduct allegations with Dakota Access Pipeline developers

News | September 21st, 2017

DAPL route entrance Highway 6 - photo by C.S. HagenBISMARCK – The Dakota Access Pipeline developer agreed to plant trees to reach a settlement over two misconduct allegations while constructing the pipeline on Wednesday. 

A total of 20,000 trees are to be planted by December 31, 2018 along the pipeline route, a total cost that will exceed the $15,000 settlement the North Dakota Public Service Commission offered in August. 

Although pipeline developer Dakota Access LLC, faced 83 counts of improperly removing trees and foliage, multiple claims of topsoil removal, failure for having a proper spill prevention plan, and rerouting the pipeline without properly notifying the Commission after finding a cultural site, no fines were levied. 

The issues involved in the misconduct allegations were disputed by both parties involved, resulting in an apparent “saving face” incentive for Dakota Access LLC, a subsidiary of Energy Transfer Partners.

“The parties to this agreement have determined that settlement and compromise of the dispute is in the interests of their respective stakeholders and agree to resolve the Order to Show Cause proceeding and the investigation proceeding without any fault or admissions being made by either party to the allegations made,” the agreement stated. 

The pipeline developer has until the end of 2018 to plant the 20,000 two-year-old saplings, which can be willow, juniper, aspen, pine, ash, cedar, oak, spruce, boxelder, or maple trees, according to the agreement.

The company also agreed to to repair disturbed topsoil, distribute a current spill prevention manual to current registered pipeline companies throughout the state, and conduct training programs on unanticipated discoveries and the Commission’s route change process at the 2018 Williston Basin Petroleum Conference. 

Dakota Access, LLC also agreed to bring a “speaker of national or international renown” to speak during the North Dakota State Historic Preservation Office, all expenses paid by the pipeline developer.

All other complaints against the pipeline developer were dismissed with prejudice, according to the agreement. 

In late August, Energy Transfer Partners, struck back at NoDAPL organizations, calling those involved “racketeers,” “parasites,” “rogue eco-terrorists,” and “criminals,” and demanding a jury trial while alleging the multiple defendants processed millions of dollars and fraudulently induced donations to support the NoDAPL cause. 

The lawsuit was filed approximately three months after the North Dakota Private Investigation and Security Board filed a civil lawsuit against TigerSwan, LLC, the security “fusion leader” for Energy Transfer Partners. The lawsuit stated that the security company and its founder, among other oil companies, worked illegally in North Dakota. 

Recently in:

By Alicia Underlee NelsonMore than 1,000 pro-worker events are planned for Thursday, May 1 across the country, including rallies in Fargo-Moorhead, Grand Forks, Minot and Jamestown. East Grand Forks and Bismarck will host protests…

From concerts and car shows to Japanese art and Juneteenth celebrations, there's so much going on around the region this summer. This year's High Plains Reader Summer Events Calendar is back and bigger than ever. It's packed with…

June 21, 11 a.m. - 11 p.m.Fargo Theatre, 314 Broadway N., Fargo“We Watch Shudder,” Fargo’s favorite horror podcasters, bring on the darkness during the longest day of the year. The Darkest Day of Horror Film Festival features…

By John Strandjas@hpr1.com One description that perhaps aptly describes the mental state of many lately is that they feel they are attached to a string. Or several strings. Call it the notion that people are played like puppets,…

By Ed Raymondfargogadfly@gmail.comFor sale: White House in D.C. housing dung beetles and giant leechesI suspect someone close to Donald Trump has read “The Rise and Fall of the Third Reich,”because the Trump administration is…

By Rick Gionrickgion@gmail.com Holiday wine shopping shouldn’t have to be complicated. But unfortunately it can cause unneeded anxiety due to an overabundance of choices. Don’t fret my friends, we once again have you covered…

By Rick Gionrickgion@gmail.com After a very inspiring conversation with Kayla Houchin of Sonder Bakehouse a few weeks ago, I decided that it’s an appropriate time to write a column about some of the sweet people who are involved…

Mooncats and Pert Near Sandstone play Empire TheatreBy Sabrina Hornungsabrina@hpr1.comThe MoonCats describe themselves as “Americonscious Campfire Folk.” They have a clear acoustic folk sound with a sense of whimsy — think…

By Greg Carlsongregcarlson1@gmail.com The writing/directing partnership of Anna Boden and Ryan Fleck has to be one of the most curious cases of crazy connect-the-dots career moves in recent cinema. From short documentaries and…

By Raul Gomezraul@hpr1.com Minutes before Modern’s Celebration of Life opened its door at the Sons of Norway, I was fiddling with the bar computer, trying to pull up the playlists of Modern’s work I had set aside for the…

By John Showalterjohn.d.showalter@gmail.comHigh Plains Reader had the opportunity to interview two mysterious new game show hosts named Milt and Bradley Barker about an upcoming event they will be putting on at Brewhalla. What…

By Annie Prafckeannieprafcke@gmail.com AUSTIN, Texas – As a Chinese-American, connecting to my culture through food is essential, and no dish brings me back to my mother’s kitchen quite like hotdish. Yes, you heard me right –…

By Sabrina Hornungsabrina@hpr1.comNew Jamestown Brewery Serves up Local FlavorThere’s something delicious brewing out here on the prairie and it just so happens to be the newest brewery west of the Red River and east of the…

By Ellie Liveranieli.liverani.ra@gmail.com There appear to be differences in the incidence of mental illnesses between men and women. For example, women are more likely to be diagnosed with depression, post-traumatic stress…

By Alicia Underlee NelsonProtests against President Trump’s policies and the cuts made by Elon Musk’s Department of Government Efficiency (DOGE) are planned across North Dakota and western Minnesota Friday, April 4 and…

By Vern Thompsonvern.thompson.nd7@gmail.com Our trucking business has me driving almost daily from gas plants in western North Dakota's oil patch to Canada. I haul natural gas liquids (NGLs) products we used to see flared off at…