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Justice Department Helped Washington State Prosecutor Target Facebook Records of Anti-Pipeline Activists
NINE MONTHS AFTER pipeline opponents in Washington state staged a protest that blocked freeway traffic, Facebook ended a protracted legal standoff with a county prosecutor, turning over detailed records on the indigenous-led group behind the demonstration. Despite the fact that no criminal charges have been filed in connection with the February action, Whatcom County Prosecuting Attorney David McEachran repeatedly sought a warrant for the group’s Facebook page, ultimately securing private information including messages to and from the page and a list of everyone “invited” to the protest event.
McEachran’s first two warrant applications were withdrawn after the American Civil Liberties Union and Facebook raised objections. On the third try, however, the warrant was granted thanks to Facebook’s suggestion that McEachran’s office seek formal guidance from the nation’s top law enforcement agency, the Department of Justice. A public records request filed by The Intercept shows that the local agency and its federal counterpart cooperated to draft the ultimately successful warrant using a DOJ template.
Activists affiliated with the climate justice group, Red Line Salish Sea, view the investigation as retaliation for their February protest, a march against local fossil fuel projects and President Donald Trump’s executive orders expediting construction of the Dakota Access and Keystone XL pipelines. “Not only does this warrant attempt to scare people from organizing, this warrant attempts to scare people from even looking at information,” Tina McKim, an administrator of Red Line’s Facebook page, wrote in a declaration.
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Five Spills, Six Months in Operation: Dakota Access Track Record Highlights Unavoidable Reality–Pipelines Leak
REPRESENTATIVES FROM Energy Transfer Partners, the company behind the controversial Dakota Access pipeline, traveled to Cambridge, Iowa, in October to present a series of $20,000 checks to emergency management departments in six counties. The money was, in part, an acknowledgement of the months of anti-pipeline protests that had taxed local agencies during construction, but it was also a nod to the possibility of environmental contamination. One of the counties had pledged to use its check to purchase “HazMat operations and decontamination training/supplies.” Less than a month later, in Cambridge, the Iowa section of the Dakota Access pipeline would experience its first spill.
According to the standards of most state environmental agencies, it was a small spill that wouldn’t require much attention from emergency managers. On November 14, “excessive vibration” caused 21 gallons of crude to leak out of a crack in a weld connection at one of the pump stations, which are situated along pipelines to keep the product moving and monitor its flow. Since the leak was contained at the site, it went unreported to the Iowa Department of Natural Resources, although it did make it into a federal pipeline monitoring database.
The Dakota Access pipeline leaked at least five times in 2017. The biggest was a 168-gallon leak near DAPL’s endpoint in Patoka, Illinois, on April 23. According to federal regulators, no wildlife was impacted, although soil was contaminated, requiring remediation. DAPL went into operation on June 1, along with its under-the-radar sister project, the Energy Transfer Crude Oil pipeline, a natural gas pipeline converted to carry crude. Together, the two make up the Bakken pipeline system. ETCO leaked at least three times in 2017.
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