Pipeline Opponents to Gov Reynolds: Appoint New IUB Member

Dear Friends,

When I ask folks what they think of Iowa’s new Governor, Kim Reynolds, the usual response is, “Well, nothing really.” And that’s fine. She’s only been Governor for a few weeks, and for the last six years, has existed primarily as Governor Branstad’s shadow.

Well, here’s one of Gov. Reynolds’ first big opportunities to show that she’s not just a Branstad clone. Read on, and if you agree with what Christine Nobiss and I are working to accomplish, as laid out in this press release, share it widely. And come join us on July 1st. Thanks!!

FOR IMMEDIATE RELEASE
1:00 p.m. CT, June 14, 2017
Contact: Ed Fallon at 515-238-6404 or ed@fallonforum.com
Contact: Christine Nobiss at 319-331-8034 or cnobiss@gmail.com

Pipeline Opponents to Gov Reynolds: Appoint New IUB Member
 July 1 action at the State Capitol announced

Richard W. Lozier, Jr.

Des Moines, Iowa — In light of Iowa Utilities Board member Richard W. Lozier, Jr.’s statement today that he is recusing himself from any votes or even discussion of the Dakota Access pipeline, Bold Iowa and Indigenous Iowa called on Governor Kim Reynolds to remove him from the board and appoint someone without a conflict of interest. Lozier served as legal counsel for the MAIN Coalition, a public relations firm with close ties to Dakota Access and Energy Transfer Partners.

Read Lozier’s recusal statement here.

“It’s mind boggling that Gov. Branstad appointed someone with such a clear conflict of interest on the biggest issue ever to come before the IUB,” said Ed Fallon. “The question now is will Gov. Reynolds do the right thing: remove Lozier from the board and appoint someone who’s not beholden to the fossil fuel industry.”

“Big Oil and its minions within state government keep giving us more reasons to fight,” said Christine Nobiss, founder of Indigenous Iowa. “We’ll rally at the State Capitol on July 1, right in front of her office, and I hope she’s working that day so she hears our message: ‘No more political patronage for fossil fuel flunkies!’”

The July 1 action (click here for details) will be on the south side of the Iowa State Capitol, just outside the Governor’s office and across from the Iowa Supreme Court Building. The event’s focus is twofold:

  1. Encourage Gov. Reynolds to remove Lozier from the IUB, and
  2. Remind the public of the importance of the lawsuit pending before the Iowa Supreme Court, in which a group of landowners allege eminent domain was used illegally to take their land for the pipeline. Sierra Club Iowa Chapter is also a plaintiff in that lawsuit, alleging that the IUB should not have issued a permit to Dakota Access.

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BREAKING: IUB to DAPL: Get Insurance by Tuesday

Happy Friday Folks –

Below is the official order from the Iowa Utilities Board (IUB) regarding DAPL letting the insurance on its oil pipeline lapse (click here to see the original). Yeah, I know, releasing news on a Friday afternoon is a great way to suppress it. Let’s do what we can to change that. Read the order, below, and help circulate the press release I sent out here. Thanks! – Ed

[BREAKING AS OF 4:40 P.M. Central Time: Fallon just got off the phone with IUB staff person who said, “I can’t confirm whether Dakota Access does or does not have insurance right now.”]

IN RE:
DAKOTA ACCESS, LLC
STATE OF IOWA DEPARTMENT OF COMMERCE UTILITIES BOARD
DOCKET NO. HLP-2014-0001

ORDER REGARDING INSURANCE REQUIREMENT
(Issued June 9, 2017)

On March 10, 2016, the Utilities Board issued its “Final Decision and Order” in this docket. In the order, among other things, the Board directed Dakota Access, LLC (Dakota Access), to file and maintain at least $25,000,000 in general liability insurance, to be re-filed and reviewed each time it is renewed for the life of the pipeline. (See Ordering Clause No. 3.a at p. 153.)

On March 16, 2016, Dakota Access filed general liability, excess liability, and umbrella insurance policies with the Board, followed by public (redacted versions) on June 1, 2016. The filing included confirmation of coverage for the term from March 15, 2016, to March 15, 2017. On March 22, 2017, Dakota Access filed written endorsements extending the terms of the policies to May 1, 2017. Dakota Access said that it intended to renew or replace the policies for a longer term on or about May 1, 2017, and would file written evidence of the renewal or replacement promptly thereafter. Then, on May 15, 2017, filed endorsements further extending the terms of the policies to June 1, 2017, and said that because the pipeline was expected to go

DOCKET NO. HLP-2014-0001 PAGE 2

into service in the near future, it had secured new policies to replace the existing policies, which “will be filed with the Board as soon as they are available.”

As of June 7, 2017, no such filing has been made. It is important that the Board have accurate, up-to-date information regarding the insurance for this pipeline. Accordingly, the Board will direct Dakota Access to file, on or before June 13, 2017, either (a) the new insurance policies or (b) a detailed report describing the status of the policies and stating when they will be filed.

IT IS THEREFORE ORDERED:
On or before June 13, 2017, Dakota Access, LLC, shall file either (a) insurance policies complying with the requirements of Ordering Clause No. 3.a in the “Final Decision and Order” issued in this docket on March 10, 2016, or (b) a detailed report describing the status of insurance for the pipeline that is the subject of this docket, including a statement of when new insurance policies will be filed.

ATTEST:
/s/ Trisha M. Quijano
UTILITIES BOARD
/s/ Geri D. Huser
/s/ Nick Wagner

Executive Secretary, Designee
Dated at Des Moines, Iowa, this 9th day of June 2017.

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Pipeline Trial Sets Precedent

Dear Friends,

The trial for pipeline-fighter Kriss Wells just wrapped up this afternoon. Kriss (pictured below) is a long-time resident of the Quad Cities and a retired social worker. Despite a strong presentation that focused on the climate justifcation for his nonviolent direct action, Kriss received a verdict of “guilty” in a jury trial today at the Boone County Courthouse. He was one of thirty pipeline opponents charged with trespass on August 31, 2016 while blocking vehicles from leaving or entering a staging area along Highway 30 east of Boone, and the only one of the group to plead “not guilty” and to request a jury trial.

Here’s the press release sent out earlier this afternoon as a cooperative effort between the Bakken Pipeline Resistance Coalition and Bold Iowa. Please share and let’s get the word out! Thanks, and read on below the release for information about the Fallon Forum. – Ed

FOR IMMEDIATE RELEASE: June 7, 2017
Contact:
Kriss Wells: 563-343-3295, kriss444@aol.com
Carolyn Raffensperger: 515-450-2320, raffensperger@cs.com
Ed Fallon: 515-238-6404, ed@fallonforum.com

Pipeline opponent “guilty,” but trial sets precedent for justification defense

Boone, Iowa — Kriss Wells (pictured below), a long-time resident of the Quad Cities and a retired social worker, received a verdict of “guilty” in a jury trial today at the Boone County Courthouse. Wells was one of thirty pipeline opponents charged with trespass on August 31, 2016 while blocking vehicles from leaving or entering a staging area along Highway 30 east of Boone. Wells was the only one of the group to plead “not guilty” and to request a jury trial. The August 31 action was organized by Bold Iowa and Iowa Citizens for Community Improvement and drew over 100 participants.

“I’m certainly disappointed in the jury’s decision,” said Wells. “Court rulings have been all over the board in this pipeline fight, and I hope for a different outcome with my trial in Calhoun County on June 28. I did this in part for my grandkids and their future, and I’ll continue to speak out and take action.”

The plaintiffs see this case as setting a new precedent in Iowa. The defense explained its justification for trespassing by raising concerns about the urgency to address climate change, water quality and the misuse of eminent domain.

“Today climate change was on trial,” said Carolyn Raffensperger with the Bakken Pipeline Resistance Coalition. “Kriss Wells was justified in challenging the Iowa Utilities Board’s permit allowing Dakota Access to build this crude oil pipeline, which will do irreparable harm to our climate and planet.”

“That action last summer marked a key point in the escalation of opposition to the pipeline,” said Ed Fallon, director of Bold Iowa. “It garnered national attention to our struggle. Kriss’ act of nonviolent civil disobedience and his decision to take his arrest to trial are statements of commitment and courage that continue to inspire others.”

Despite the oil beginning to flow last week, efforts to resist the pipeline continue, with a rally planned this Saturday in Des Moines, a flotilla on the Des Moines River in Boone County on June 17, and a protest against the Iowa Utilities Board on July 1.

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