Bakken Approved: Opponents Continue the Fight

Bakken hearing outside

The Iowa Utilities Board voted to approve the Bakken Pipeline  permit on Thursday, March 10 that will allow Dakota Access to build a 347-mile crude oil pipeline through the middle of our beautiful state.

Members of 1000 Friends of Iowa joined over 50 people from across Iowa who represent the Bakken Pipeline Resistance Coalition at the Iowa Utilities Board hearing today to show their opposition to the proposed Bakken Pipeline.

Despite opposition from landowners and Iowans of all walks of life, the IUB ignored our voices and better judgment, and set a dangerous precedent by granting the out-of-state corporation a permit to use eminent to take private farmland to build their pipeline.

However, the Bakken Pipeline is not a done deal. Dakota Access still has other permits that it must obtain. In addition, landowners along the proposed route are considering a lawsuit to challenge the use of eminent domain.

1000 Friends of Iowa needs your help to stop this! Here are two things you can do:

  1. Make your voice heard — Write a letter to the editor showing your opposition to the pipeline. Click here for talking points
  1. Contact your state legislators — Ask them to work to strengthen Iowa’s law to prevent eminent domain use for private gain. Click here to find your legislator

1000 Friends of Iowa has always opposed the notion of forcing private landowners to give up their property rights for corporate gain. We believe that this is, at the very least, an inappropriate, if not illegal, use of eminent domain.

Together, we can stop this pipeline. Also, please consider supporting our efforts to stop eminent domain abuse and promote responsible land use and clean energy to protect our air, water, and soil with a gift. We thank you for your support.

For inspiration on compelling letters to the editor, check out these three letters that appeared in Thursday’s paper by Matt Ohloff of Food & Water Watch; Brad Lint, executive director of Iowa Association for Justice; and Paul Lunde, candidate for the U. S. House of Representatives, District 4.

www.desmoinesregister.com/story/opinion/readers/2016/03/10/pipeline-approval-wont-serve-public-interest/81537550 

www.desmoinesregister.com/story/opinion/readers/2016/03/10/pipeline-spill-could-cost-taxpayers-long-run/81496152 

www.desmoinesregister.com/story/opinion/readers/2016/03/10/iowans-opposed-bakken-pipeline/81539600 

Iowa communities moving forward with topsoil rules.

[vc_row][vc_column][vc_column_text]Protecting topsoil is one of 1000 Friends of Iowa’s highest priorities. Last fall, the Iowa Department of Natural Resources and the Environmental Protection Commission gutted the requirement to maintain at least 4 inches of topsoil on residential construction sites, and we are turning to individual communities to take action.

The City of Clive is in the process of passing an 8-inch topsoil rule. While we strongly support this proposal, there are builders who would like to create a loophole allowing them to avoid maintaining topsoil if they implement other storm water management solutions. Though utilizing additional storm water management solutions is a great idea, it is still critically important that builders maintain topsoil on the property.

The City of Clive is asking for people to make comments on the proposed rule. Go to the link below to voice your opinion on the City’s open forum. Look for “Soil health for construction projects.” The forum is open until 6 p.m. on April 15: http://www.cityofclive.com/government/clive-open-forum#peak_democracy 

We are also encouraging people to email the Clive City Council directly to support the requirement that topsoil be maintained on the property, even with additional storm water management systems. Find their emails at: http://www.cityofclive.com/government/city-clerk/boards-and-commissions/council-members

Please plan to attend the Clive City Council meeting on Thursday, April 14 from 6 p.m. to 8 p.m.

Some talking points for the topsoil protection rule:

  • We strongly support requiring that builders maintain 8 inches of topsoil on properties after the build. This rule will not only help to manage stormwater runoff, but it will also reduce water pollution and add value to the property.
  • Topsoil retention is very important to urban landscapes — growing plants need healthy soil. New homeowners with no topsoil left in place are often faced with very expensive soil remediation to even begin to establish healthy lawns, trees, and gardens.
  • We understand that scraping soil is part of the site preparation process, but instead of hauling away the soil that has been scraped off, it can be stock piled and spread out after construction is completed. The extra cost to the building and construction industry for keeping the soil on site are nominal compared to the costs to the homeowners, the watershed and our drinking water if it is removed.
  • When the soil is stripped away, homeowners often turn to fertilizers and chemical amendments to encourage plant growth. Wit no soil to soak into, these chemicals find their way into our waterways after rain events, polluting  our rivers, lakes, and streams.
  • It is costly for homeowners who must spend extra money for repeat fertilizer applications. Keeping soil in place contributes to natural storm water management solutions and helps build healthy, green, and more sustainable neighborhoods for future generations.

 

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Best Development Awards Featured in THE IOWAN Magazine

Many of the inspiring projects recognized as winners of 1000 Friends of Iowa’s Best Development Awards are featured in THE IOWAN magazine’s July/August 2016 issue! Take a journey through the beautiful pages of THE IOWAN and discover community-driven models of sustainable planning, revitalization, and development. Download the story now, courtesy of THE IOWAN magazine, Iowan.com.

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Nominations for the 2016 Best Development Awards open Sept. 1, 2016!

Click here to see the 2015 Best Development Awards program winners and details.

 

Call for Bakken Oil Pipeline Construction Monitors

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**UPDATE July 19, 2016

The Bakken Pipeline Resistance Coalition, which 1000 Friends of Iowa is a member, is looking for people to “adopt” a section of the pipeline route to watch DAPL’s construction and be the eyes and ears for justice.

To sign up to be a Pipeline monitor, just follow this link: Pipeline Monitors

Because it is crucial to protect our waters and support landowners who are trying to protect their land, we want to create a team of people along the pipeline route who can monitor their section for violations of the law.

For those who are willing to help monitor a section of the pipeline, you will:
  • Participate in a training call
  • Receive a short guidebook to the rules for either Iowa or South Dakota with all the information you need to do the monitoring
  • Monitor your segment of the pipeline when construction begins
  • Notify authorities if DAPL violates the law
  • Notify the Resistance Coalition with regular updates by posting pictures, videos, and written notes on a Facebook page
  • Work with the team to take action, especially around water crossings and on property owned by landowners who have resisted Dakota Access’ efforts to condemn their land.

We want to create a team of people across Iowa and South Dakota that can help defend our land and water.

If you’re willing to be a pipeline monitor, follow the link below and fill in your contact information. We’ll send you the call-in information for the training call and handbook.

To sign up as a monitor,  follow this link: Pipeline Monitors

 

**UPDATE April 12, 2016

The only thing preventing Dakota Access from beginning construction on the Bakken Pipeline is the Army Corps of Engineers permit.
With your help, we can make sure the Army Corps of Engineers denies the permit.

Take two simple actions!

  1. Sign our petition to tell the Army Corps to conduct a full environmental impact statement and to deny the permit! Just click here to sign the petition.
  2. Email Brent Cossette and Col. John Henderson at the Army Corps of Engineers and tell them a FULL and complete environmental impact statement is non-negotiable!
For talking points for your email, click here.

Currently the Army Corps of Engineers is only evaluating the project in a piecemeal fashion, rather than looking at the entire project.

This hazardous and unjust pipeline cannot be evaluated piece by piece. It is impossible for the Army Corps to grasp the true consequence and nature of this toxic project if they look at it through a narrowed lens.

Stay tuned for next steps.

Stopping the Bakken Pipeline

“Usually, terrible things that are done with the excuse that progress requires them are not really progress at all, but just terrible things.” Russell Baker

Join us Wednesday, December 16 for  the Iowa DNR’s public hearing on the proposed Bakken Pipeline.

Dakota Access, the company seeking approval to build the Bakken Pipeline, must obtain a permit from Iowa Department of Natural Resources to build its pipeline across Iowa’s public lands.

As part of its consideration of this permit, the DNR is holding a public hearing this Wednesday, Dec. 16, in Des Moines, in the auditorium of the Wallace State Office Building, 502 E. Ninth St., in Des Moines, from 5:00 to 7:00 p.m. 

That means we need a lot of you there to make sure the Iowa DNR hears us load and clear – “NO BAKKEN PIPELINE IN IOWA!”

Talking points  include:
  • The Threat to Iowa’s Soil and water. The proposed Bakken pipeline would represent an on going threat to Iowa’s precious natural resources, as countless crude oil pipeline accidents have proven. Just this January, the Bridger Pipeline poured between 40,000 and 50,000 gallons of Bakken crude into the pristine Yellowstone River.  In Iowa, the Bakken pipeline would run beneath virtually every major waterway in the state, including the Big Sioux, Des Moines, and Mississppi rivers.
  • The Threat to Iowa’s Economy. Current Iowa law would require Dakota access to provide a surety bond of just $250,000 to cover potential damages. In reality, that is just a drop in the bucket for actual clean up costs and would leave Iowa tax payers holding the bill.  Cleanup costs for just one  spill, that pumped one million gallons of crude oil into the Kalamazoo River in Michigan, have already cost over one BILLION dollars. And there is more clean up still to do. Energy Transfer Partners, the parent company of Dakota Access, wrote, “We may incur substantial environmental costs and liabilities because of the underlying risk inherent to our operations.”
  • The Assault on Landowner Rights Through Eminent Domain Abuse. Dakota Access has formally asked the three-member Iowa Utilities Board (IUB) to grant the company the power of eminent domain, which would give the company the power to force Iowa landowners to provide easements against their will. This would be an egregious abuse of eminent domain, which, by law, only can be granted when there is significant “public convenience and necessity.” However, all three members of the IUB have been appointed by Governor Branstad, whose re-election campaign received support from former Texas governor Rick Perry, now an Energy Transfer Partners’ board member.
  • The Threat to the World’s Climate. Every established scientific organization in the world has affirmed that the earth’s climate is rapidly changing and that human use of fossil fuels is the primary cause. According the former NASA climatologist, James Hansen, who was the first to address Congress on climate change nearly 30 years ago, 80% of fossil fuel reserves already discovered must remain in the ground if we are to avoid cataclysmic climate change.The Bakken pipeline would do just the opposite, facilitating the daily extraction of an additional 570,000 barrels of climate changing crude oil.

 

Let us know you’re coming!  Please RSVP by clicking here. 

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Sample Talking Points for the IUB hearing Nov 12, 2015:

The following basic talking points are here for your reference – but do share you story and thoughts regarding the proposed Bakken Pipeline in any way you see fit!

Eminent Domain and the Pipeline

  • Dakota Access wants to use eminent domain to force land owners to allow the pipeline to be built there.
  • No private, for profit corporation should have the ability to use eminent domain to take property from the rightful owners for their own personal gain, and for the sake of profits.
  • The Bakken pipeline has no public benefit for the state of Iowa. The oil and the profits will go out of state.

The effects on agriculture land have not been thoroughly investigated:

  • Iowa farmland and recreation areas will be damaged with the pipeline’s construction and when the pipeline leaks.
  • The oil flowing through the pipeline will generate heat that will affect freeze-thaw cycles, soil microbes, wildlife, and plants.
  • According to Dr. Tom Fenton from ISU, soil compaction may reduce yields for many years.
  • The Agriculture mitigation plan does not adequately protect and restore the 3 layers of soil – topsoil, subsoil, and parent material.  Mixing the layers will reduce soil fertility.

The pipeline provides little economic benefit to Iowa and to Iowans:

  • According to ISU economist Dave Swenson, this project would create far fewer jobs are expected than Dakota Access is promoting – less than 12 permanent full-time jobs.
  • There is no guarantee that most of the jobs will be going to Iowans.
  • We’re not against jobs. Jobs should move us into the 21st century and away from oil.
  • There is no guarantee that this oil will be used in the United States since Obama lifted the ban on exporting crude oil.
  • This is not a question of pipe versus rail. All business predictions suggest the industry will continue to transport oil through both pipe AND rail in order to quickly move their products.

Pipelines leak:

  • The state’s indemnity fund for cleaning up a spill is only $250,000 – barely enough to clean up the most minor spill. Recent oil spills have cost far more in clean-up:  $70 million (2013 Mayflower, AL), $1.2 billion (2010 Kalamazoo, MI)
  • This isn’t about bad welding or poor workmanship.  It is about a corrosive, volatile substance that can destroy acres of farmland, waterways and wildlife habitat when it leaks.
  • Oil and water do not mix – creating dangers to wildlife, recreation areas, and drinking water.

This pipeline will exacerbate climate change:

  • We already have the technology we need to invest in wind & solar, moving beyond Big Oil
  • We should invest in renewable energy–creating jobs without the environmental risk to future generations

The IUB needs to require Dakota Access to perform an environmental impact study:

  • Dakota Access hasn’t done adequate environmental studies and is not required to do so.
  • The IUB has denied requests to have an environmental impact statement prepared.  Dakota Access needs to be forced to do that study before they are given a permit.
  • It is doubtful that construction crews will be able to identify and detect threatened and endangered species and not destroy them.  That is why studies need to be done.
  • It is doubtful that construction crews will be able to identify and detect archaeological artifacts and not destroy them.  That is why studies need to be done.
  • Most of the major rivers in Iowa will be crossed  including the Missouri, Mississippi, North Raccoon, South Skunk; additionally, the Jordan Aquifer would be crossed, the water source for 300,000 Iowans.
  • The IUB is counting on DNR to take into consideration the risks to the natural areas.  However DNR is only looking at sovereign lands – 3 rivers and 1 wildlife area.  The IUB needs to ensure that lands not evaluated by the DNR are examined.
  • The IUB is counting on Army Corps to evaluate impacts on the waterways of the state.  However the Corps is only looking at 17 isolated sites. The IUB should mandate impacts to waterways are evaluated.
  • The IUB can’t rely on the DNR, Corps, Archaeologists to deal with environmental impacts because they have limited jurisdiction.  The IUB needs to step up to the plate and require an environmental impact study where the other agencies do not have jurisdiction.

More About the Pipeline

A Texas company is proposing a 343-mile underground pipeline to cut diagonally across 17 Iowa counties on its path from North Dakota to Illinois. Dallas-based Energy Transfer Partners has proposed the pipeline will span four states for a total length of 1,134 miles carrying 570,000 barrels of crude oil each day from the Bakken oil fields in North Dakota to Patoka, IL where the crude will be redistributed across the U.S.

Energy Transfer Partners has asked the Iowa Utilities Board (IUB) for permission to build the underground pipeline in Iowa. Board approval would give the company access to eminent domain powers which would force landowners to sell their property if a sale agreement is not reached. A group opposing the project asked Governor Branstad to block the proposal; a request the Governor declined.

Economic development projects should be analyzed on what we have to lose in the long run as well as short-term, one time gains. One has to ask, who stands to benefit most from this pipeline? Not Iowans.

The Bakken Pipeline Resistance Coalition’s site for a wealth of resources on the issue. The coalition has also set up Facebook and Twitter accounts to keep the public informed of the very latest.

2015 Best Development Awards

Now Accepting Nominations for the 2015 Best Deve1000FRIENDSBDAlopment Awards

1000 Friends of Iowa’s Best Development Awards program is designed to bring attention to cities, companies, non-profit organizations, and individuals who demonstrate how responsible development and planning practices provide benefits to the community, the environment, and quality of life for future generations. Nominated buildings and projects help advance sustainability across our state by considering site placement, design, water efficiency, energy management, materials and resources used, indoor environmental quality, public use, and long-term benefits. There’s no entry fee to submit an application. Deadline is December 15, 2015. Apply today!

Categories:

  • New Residential
  • Renovated Residential
  • New Commercial/Civic
  • Renovated Commercial/Civic
  • Mixed Use
  • Leadership
  • Storm Water Management

CLICK HERE TO DOWNLOAD THE BEST DEVELOPMENT AWARDS GUIDELINES AND APPLICATION.

Contact Lori Schervish at awards@1000friendsofiowa.org or Kari Carney at Kari@1000friendsofiowa.org with any questions.

4″ Topsoil – Final Hearing with the Administrative Rules Review Committee

The Administrative Rules Review Committee will hold its regular, statutory meeting on Tuesday, August 11, 2015, beginning at 9:00 a.m. in Room 103 , State Capitol, Des Moines, Iowa.

At 10:20 a.m. the 4″ Topsoil preservation at construction sites will be reviewed and voted on.
•NPDES general permit no.2 — topsoil preservation at construction sites, 64.15 Filed ARC 2054C.

Please attend. This will be the final meeting that allows a rule change which will eviscerate a rule adopted in 2012 to reduce storm water runoff from new construction sites. The rule previously required developers to put at least four inches of topsoil back on sites. Thanks to a lobbying campaign from home-builders, the new wording requires topsoil replacement “unless infeasible,” without defining that term. So any developer who doesn’t feel like spending money to put topsoil back can claim it would have been “infeasible” to do so. This will not improve water quality in Iowa. It is important to have plenty of people present who will represent water quality and homeowner concerns.

MPO – Public Input Meeting

The Des Moines Area Metropolitan Planning Organization (MPO) will host a public input meeting to receive comments on the Federal Fiscal Years 2016-2019 Transportation Improvement Program (FFY 2016-2019 TIP) Draft. The meeting starts at 5:00 p.m., Tuesday, June 23, 2015, in the MPO’s Meeting Room, 420 Watson Powell, Suite 200, Des Moines, IA.

The TIP contains four years of projects MPO member governments anticipate implementing using federal transportation dollars. The TIP is the programming document for all surface transportation projects that receive Federal funds, including: street and highway, transit, rail, bicycle, and pedestrian projects in the MPO Planning Area Boundary. The MPO updates the TIP annually and at member governments’ request. The MPO informs the public as to what member governments’ and participating agencies’ intentions are regarding these projects and the use of these federal dollars.

The MPO will host the public input meeting using the open forum format to encourage the meeting attendees to express their views, to share their opinions, and to ask their questions regarding the proposed projects. One may share their opinion with the MPO staff in three ways: 1) orally at the meeting; 2) in writing via forms available at the meeting; or, 3) by submitting written comments to the MPO before the June 23,
2015, meeting but prior to the close of the comment period on July 16, 2015.

The FFY 2016-2019 Draft TIP is viewable on the MPO’s website, http://www.dmampo.org, or one may request a paper copy at (515)-334-0075 or acollings@dmampo.org.

Dakota Access Pipeline – Transport Bakken crude oil across Iowa

The Iowa Utilities Board has tentatively scheduled its review of the Dakota Access Pipeline to transport Bakken crude oil across Iowa. The board could act by the end of the year on the request.

The 350-mile project involves construction of a 30-inch diameter hazardous liquid pipeline crossing 18 counties in Iowa. Dakota Access is expected to ask for the authority to use the state’s power of eminent domain to condemn properties owned by persons who refuse to sell easements to this company for this use.

Full details about the schedule, the procedures and documents can be found at https://iub.iowa.gov/crude-oil-pipeline

If the company follows the tentative schedule set by the IUB, the board will consider this matter during public hearings in November and be ready to make a decision in December or early January.

Before the Iowa Utilities Board can act on this matter, it must receive a document called Exhibit H which lists every property to be included in the grant of eminent domain. In order to expedite the matter, the board has published the following tentative schedule, which runs on two tracks:

July 27 — all petitions to intervene in this matter must be on file with the IUB. Petitions submitted after that date will be granted only with good cause.

August 21–IUB staff will issue a report on the petition (except for matters related to Exhibit H) identifying any
additional matters that Dakota Access should address in its public testimony.

September 8–Dakota Access and any interveners supporting the pipeline must submit direct testimony and exhibits.

October 12–Office of Consumer Advocate and any interveners opposing the pipeline must submit direct testimony and exhibits.

October 26–Dakota Access must file rebuttal testimony and exhibits.

In conjunction with the above schedule, Dakota Access must also file its Exhibit H document. The company is free to follow this schedule or adjust its filing decisions. If the Exhibit H filing is delayed, the entire review process slides back.

August 10–Dakota Access may file Exhibit H.

September 14–IUB staff will issue a report on Exhibit H identifying any additional matters that Dakota Access must address in its prefiled testimony.

September 23–Dakota Access and any interveners supporting the pipeline must file testimony addressing the issues raised by IUB staff concerning the Exhibit H document.

If these steps are completed timely, the two review tracks merge on October 12th with the submission of comments by the Office of Consumer Affairs and interveners opposing the pipeline.

The Utilities Board has scheduled two weeks for the public hearing during the period between November 12th and December 2nd.

On January 20, 2015, Dakota Access, LLC, an Energy Transfer Company, filed its petition for permit with the Board regarding a proposal to build a crude oil pipeline (the Dakota Access Pipeline, a.k.a. Bakken Pipeline) across Iowa. Public informational meetings in each involved county were held throughout Iowa during December 2014. For more details, visit the HLP-2014-0001 informational page and review frequently asked questions about eminent domain.

Anyone seeking to file objections, comments, and letters of support in this docket may do so by using the Iowa Utilities Board’s Electronic Filing System (EFS), citing docket number HLP-2014-0001. Click on the “Submit Filing” tab and follow all instructions to log-in as a guest, upload documents and receive a filing ID number.

EPC – 4″ Topsoil – May 19th in Davenport

A reminder that the  EPC will discuss the comments on the 4″ topsoil rule and the proposed change when it meets May 19th in Davenport.

Location:  Davenport East Branch Library, 6000 Eastern Avenue, Davenport, IA
Time:  10:00 AM – EPC Business Meeting begins
Upcoming Meeting Information:  May 18 & 19, 2015 EPC Tour & Meeting Materials

During  March, 2015, the EPC received some 700  comments which raised many important questions, and  the Commissioners should ask to hear responses by the DNR  to these issues raised.

Additional comments and attendance at the meeting will be important.   Their decision is expected at their June meeting.

People United for Responsible Land Use