The Contemplative Side of Social Change

Dear Friends,

Jess and Ruby were livestreamed on the Fallon Forum on Monday.

I’ve had lots of invigorating conversations lately about the spiritual and moral impetus for civil disobedience. Much of that conversation was inspired by the resistance of Jessica Reznicek and Ruby Montoya, who recently confessed to damaging Dakota Access pipeline equipment. Check out our talk on this week’s Fallon Forum, and dialogue with Ruby and Jess face-to-face tonight at 7:00 p.m. at 1041 8th Street in Des Moines.

Leaving time for introspection has always been tough for me. How tough? Here’s a reflection I wrote about . . . well, about reflection . . . during the 2014 Great March for Climate Action. As always, feedback welcome. Thanks. – Ed

“With Steve gone, my marching day becomes increasingly contemplative. I often avoid the route Sarah and Anna have laid out and tack on extra miles to walk quiet roads or detour through small towns in search of a cafe with Internet service and large servings of bad food.

“Western Nebraska is sparsely inhabited but under-appreciated, exuding a wealth of sights, sounds and smells too abundant to catalogue. The lack of traffic liberates me from the fear that the next car or truck barreling past could kill or maim me. My focus shifts from survival to the alluring world around me — and to the even more alluring world within.

“Marching becomes meditation, my footsteps the mantra. I see the fields, ditches, trees, irrigation pivots, fence lines, homes and out-buildings. I hear the dog bark, the cow bellow for her calf, the cardinal sing to his mate, the warm breeze rustle the chest-high corn. I smell the white clover, the fresh-cut hay, the comfortable scent of horses, the acrid pungency of too many hogs. All this and so much more drifts through my senses in slow motion — visual, audial and olfactory b-roll, the canvas for the actual performance of life itself.

“My mind focuses on the repetitive, rhythmic crunch of shoes on gravel. It clears my head and brings a sense of peace. I recall the meditation course I took at age sixteen, the ten-minute introductory session inducing an unexpected inner calm that remained with me the rest of the day. Nothing bothered me — not the blackberry thorns that tore at my skin as I harvested the plant’s fruit; not my Mother’s nagging; not my brother calling me names for sport.

“Years later, after a long day hitchhiking through the French Alps, I settled for a bit high up in the mountains at a Buddhist monastery. Sitting for hours with the monks as they chanted “om,” the sound playing off ancient stone walls that once housed Catholic monks, I noticed how the mantra would roll through six or more unique tones in one recitation.

“Decades later on a work day during my campaign for governor, I thought about that experience as I made tiramisu at Cafe Dodici, an Italian restaurant in Washington, Iowa. The restaurant’s young, artistic chef showed me how to blend the egg yolks. “Watch how many different shades of yellow they go through, like 15 or 20,” he explained excitedly. “It’s awesome, as if you’re watching the universe unfold in a mixing bowl. But you’ll need some tunes to really bring it home,” he said as he flipped a switch sending rap music blaring through the kitchen.

“Om. Egg yolks. Footsteps. There are endless aids to center oneself on the path to enlightenment. But a mantra isn’t stagnant white noise. It’s alive, rich with motion and texture. My right heel’s first contact with gravel produces a deep tone. There’s a sudden decrescendo as the foot begins to roll forward. The pitch and volume rise as my weight shifts to the ball of the foot as the left heel moves into place and repeats the pattern. Every four steps, my walking stick punctuates the rhythm with a sharp sforzando as it grinds into the loose gravel. Right. Left. Right. Left. Right. Left. Seven million times . . .

“Like waves breaking on a beach, my footsteps roll through gravel, through Nebraska, toward infinity, toward eternity. At times like this, my mind seems to get it. The technique and purpose of meditation — directing the hungry soul toward the peace that comes with knowing one’s higher self — is so simple, so transparently important. Yet more often than not, my mind remains restless, distracted by both beauty and ugliness, unable to focus on the deeper truth that transports one beyond pleasure and pain.

“Forty years ago, my first meditation was a uniquely powerful experience. But life’s pressing demands lured me away from the pursuit of inner peace. Perhaps had I continued to meditate, continued to cultivate the balance that such practice brings, I’d be able to manage the March’s turmoil with more dignity. Perhaps meditating during my solo walks on backroads might yet help me deal with the challenges ahead.

“A dog barks. I re-enter the world of the senses. What kind of dog is that? Is it on a leash? Does it bite?

“A bird sings . . . wren or finch?

“Will the cafe in the next town serve real butter?

“I hope I don’t run out of wet wipes today.

“I suck at meditation, even under the tutelage of a guru as patient as western Nebraska’s gravel roads.”

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Another Pipeline??

Dear Friends,

Stringing pipe depicted in August 2 FERC report.

This week, two Boone County landowners contacted me when they noticed a large amount of pipe arriving at the staging area used last year to stockpile materials for the Dakota Access pipeline. Ever suspicious of Dakota Access’ activities and motives, folks in Boone County were rightfully on guard.

So, I dug into it a bit. I contacted officials with both the Iowa Utilities Board (IUB) and Federal Energy Regulatory Commission (FERC). I learned that the pipe is for the Northern Natural Gas (NNG) Company Des Moines B-Line Loop Project (Docket No. CP17-434-000, for those inclined to dig further). It’ll extend 13.8 miles through Boone and Polk counties.

The filing from Northern Natural Gas to FERC. Click on the picture to read document in full.

Here’s one of the documents from FERC that I’ve been studying. It tells a bit about the project, and shows photos of extensive crop destruction. It opens the door to a lot of unanswered questions. For starters:

– Why is NNG’s project just coming to the public’s attention now? Did we miss something? Were the press and general public asleep at the wheel? Or did NNG hope to avoid public awareness, input, and potentially, opposition?

– Will this project expand the capacity to transport natural gas? If so, by how much? If it does increase gas production, that raises concerns about the impact on climate change, since methane is arguably more problematic than carbon dioxide. (Check out this Union of Concerned Scientists article on the subject.)

– Is the gas being transported through this pipeline fracked? If so, there are concerns about water quality and land-use issues at the site where the gas is being fracked.

August 2 FERC report shows clearing of beans.

– How much corn and bean crop will this pipeline project destroy? Are landowners being compensated for crop damage? Since the project is fairly small, why couldn’t NNG wait until the crops have been harvested? It seems doubtful that farmers were given much notice about this project, because I suspect they wouldn’t have wasted time and money planting this spring if they’d known their crops were going to be destroyed.

– Is NNG using only existing easements, or is new land being condemned through eminent domain?

– What precautions are being taken to assure the safety and protection of Beaver Creek, which the pipeline crosses three times?

– How many men and women working on this pipeline are from Iowa? Thinking back to the many times I visited construction sites along the Dakota Access pipeline, only one out of every ten vehicles had an Iowa license plate.

I’m sure I’m missing some important questions. I’ve known about this situation only since late Wednesday. If you live in Boone County or feel inclined to an investigative road trip, I’d appreciate any additional information you can share. Let’s remain vigilant, and let’s keep pushing back against big fossil fuel companies (mostly from Texas, it seems) that think they can trample on our land, water, climate and property rights with impunity.

 

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Heed Iowa’s Native Leaders

Dear Friends,

Most of the mainstream media missed it, as did most of Iowa’s political leaders. You might have missed it too, but last week, a truly important event happened in Des Moines.

Rally organizers Ed Fallon of Bold Iowa and Christine Nobiss of Indigenous Iowa, with Christine’s children.

No, it wasn’t Independence Day, although that’s important, and this year’s celebration was unique given the Legislature’s decision to legalize fireworks.

The truly important event was the NoDAPL Rally, Concert and Call to Action at the Iowa State Capitol on July 1, spearheaded by Christine Nobiss and Indigenous Iowa. It was small, maybe 150 people. But participants came from all over with a united sense of purpose that will continue to shape the conversation on climate, water and our land well into the future.

Regina Tsosie with the Native American Coalition of the Quad Cities opens the rally with a song.

July 1 showed that Native voices are not backing down in the fight to protect Earth from the full-blown war being waged against her by greed and myopia.

July 1 showed that Indigenous leaders are no longer isolated, and that people from many nations are working together in this struggle. There were at least ten Native nations represented at the rally.

July 1 showed that non-Native allies increasingly understand that, as Native people step forward to assume leadership roles, we must stand with them as supporters and resist the colonial impulse to sweep in, take over and show them how it’s done.

Gabriel Ayala of Tucson, Arizona, headlined the rally with powerful music and words.

I wrote about this truth in one of my blogs from Standing Rock last year, and reprint a portion of it here:

Manape LaMere, a camp leader and one of the seven Elders, invites us to a meeting of camp Elders. Lyssa and I lean into the blizzard for the grueling ten-minute walk from our tent site to the dome.

Donnielle Wanatee of the Meskwaki People speaks.

We assemble in a cold, crowded structure heated by a wood stove. The air is filled with a cocktail of smoke from sage, wood and tobacco. With people constantly coming and going, bursts of blizzard air slip in through the dome’s entrance. The interior never warms up much.

The meeting is long, interesting, important. The Elders talk about tribal unity, and the importance of non-native allies remembering that they are guests and not here to provide leadership. The camp is governed by Native leaders using traditional structures and time-honored procedures. This is likely to be foreign, uncomfortable to non-natives. It’s easy for those of us from a western mindset to slip into a mode of benevolent, well-intentioned colonialism. It’s easy for us to want to take over, insist on a “better” way to do things.

Donnielle Wanatee’s daughter, Loveena Adeline Jefferson

It’s solid advice. White folk still have this imperial mindset, where we’re the ones to fix things, the ones who ride to the rescue.

I don’t watch a lot of movies, but as I listen, Dances With Wolves comes to mind — it takes a white guy, Kevin Costner, to help the Indians figure out how to save themselves (he fails).

At what point will European-Americans, as individuals and collectively, move beyond the failed notion that we have all the answers? Clearly, we have a ways to go if a U.S. Congressman (Steve King) can disparage non-white constituencies as “sub groups” while making the outrageous statement that historically, all valuable contributions come from whites.

State Rep. Ako Abdul-Samad and his friend, Jacks.

After each of the Elders speaks, Manape invites me to share what’s happening in Iowa in opposition to the pipeline. I’m honored to have this opportunity, and talk about landowner and farmer resistance, upcoming court hearings, and Jessica Reznicek’s open-ended fast demanding revocation of Dakota Access’ permit.

They appreciate my report and the commitment of their allies in Iowa. But here at Standing Rock, this movement is more than just a fight against the pipeline. It’s a movement of historic proportions, a movement that’s just beginning, a cultural revival of traditions that will supplant the failed, non-sustainable paradigms that have dominated Western civilization.

Lakasha Touches Lightning from Little Creek Camp helps emcee the rally.

I ask Manape what happens after the pipeline fight is over. “The traditional chiefs who’ve been appointed to lead this camp are looking to build a future that is sustainable and eco-friendly,” says Manape. “We’re a community where people are showing up with wonderful technology, whether it’s heating or cooling systems or just general power usage.

“And this new form of government we’re building is breathing life into our people, reviving the significance of our treaties. Some people get it, some people don’t. But what we’re doing is going to save non-Natives as well as Natives.”

I hope you’ll take time to review the photos and video we assembled from July 1. You’ll find it in my Facebook “NoDAPL Rally, Concert and Call to Action” album and Facebook “NoDAPL Rally on July 1, 2017” playlist and in various other places too numerous to list. Also Rodger Routh produced a wonderful summary video. Videos include some powerful speeches by both Native and non-Native leaders. Thanks for continuing to stand together! – Ed

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Pipeline Fighter to File Appeal

Dear Friends,

Heather Pearson

Late yesterday afternoon, Heather Pearson was found guilty of trespass for her brave stand against the Dakota Access Pipeline last fall. Among the many hats she wears, Heather is Bold Iowa’s Director of Rabble Rousing and is never shy about leading songs or chants during rallies and marches.

Yesterday, seated with her attorney, Channing Dutton, in a courtroom in Rockwell City, Heather comported herself with dignity and clarity on the witness stand and talking with reporters after the verdict was read.

Here’s the press release sent out this morning by Bold Iowa and the Bakken Pipeline Resistance Coalition. Please share it with others, and let folks know that this pipeline fight is not over. Heather plans to appeal yesterday’s ruling, and three other pipeline fighters have cases coming up, all in Calhoun County. They are Kriss Wells, Emma Schmidt and Mahmud Fitil.

Press Conference at Heather’s trial

Over the lunch hour, a brief press conference was held in front of the Freedom Rock on the north side of the Courthouse. Click here to view video. Reporters from three local and regional papers — The Fort Dodge Messenger, The Storm Lake Times and The Calhoun County Graphic-Advocate — were at the trial for its entirety. Click here to read The Messenger article, and we’ll post the others as they’re available.

In terms of our options for justice, there’s also the lawsuit involving nine landowners and the Iowa Sierra Club, now before the Iowa Supreme Court. More on that soon.

So to those who say, “This fight is over,” today’s trial is more evidence that it’s not even close. – Ed

FOR IMMEDIATE RELEASE

8:00 a.m. CT, July 7, 2017
Contact: Ed Fallon, Bold Iowa, 515-238-6404, ed@fallonforum.com

Iowa Pipeline Fighter Found Guilty, Will File Appeal 
Ruling in Heather Pearson’s trial ignores justification defense

Rockwell City, IA — Heather Pearson, a resident of Logan, Iowa and a Dakota Access pipeline opponent who was arrested on October 29, 2016 during nonviolent direct action to stop construction of the Dakota Access pipeline on Shirley Gerjets’ property in Calhoun County, was found “guilty” yesterday in a jury trial. Gerjets, age 82 and a life-long farmer, remains an outspoken critic of the pipeline, which crosses her land and includes a valve station that permanently removes farm ground from production.

Channing Dutton

“The result today is difficult to understand,” said Channing Dutton, Pearson’s attorney. “We had a great client and an excellent judge. There is no way the prosecution proved its case. This is the power of a big corporation using local law enforcement to arrest good people whose only crime is their commitment to protect our climate future and stand up for landowner rights. We’ll soldier on. There will be another day.”

Pearson plans to appeal the decision. On the stand, Pearson stated, “Why should we have to put our air, our water, our land, and our climate at risk so some private company can get rich running oil through our farmland. They’re not only stealing our land, they’re putting everything we need to survive at risk.”

Shirley Gerjets

Landowner and farmer Shirley Gerjets took the stand and told how she did everything she could to stop Dakota Access from taking her land. “I kicked those Dakota Access surveyors off my land I don’t know how many times. It was sickening the day it started. Their pickups drove through my corn, then they chopped it all down, and then the bulldozers came and messed up the topsoil. This fight has cost me lots of money and many, many sleepless nights. An agronomist told me we’d never get the land back to the way it was. As far as I’m concerned, it’s this pipeline that’s trespassing, not Heather.”

Brenda Brink

“This court case illustrated how Iowans continue to stand together against an out-of-state corporate oil pipeline that risks our livelihoods, property rights, health and water,” said Brenda Brink of the Bakken Pipeline Resistance Coalition. “Another thing that’s become clear in this trial is how the pipeline company expected local law enforcement to do whatever it wanted, regardless of the costs or other needs of the community.”

“We’re deeply disappointed in the jury’s decision,” said Bold Iowa director, Ed Fallon. “Jurors got stuck on the side issue of trespass, ignoring the justification for Heather’s action. This pipeline impacts Iowa farmers, landowners and all people concerned about our land, water and climate. When our politicians fail us, as they have, civil resistance is the historically appropriate response.”

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TigerSwan Operated Without a License in Iowa

Dear Friends —

Wow! Dakota Access’ hired security squad got caught cracking down on pipeline opponents in North Dakota without a license. Well, it looks like the situation in Iowa is pretty similar. Read the release below, and help us get it out to your local news sources, online networks, bathroom walls, and where ever else thinking people get their news.

To those who were planning to come to Rockwell City tomorrow for Heather Pearson’s trial, hang tight. The court has again moved the date. Now it’s July 6 and 7. And I hope to see you this Saturday for the big rally, concert and call to action featuring Gabriel Ayala at the Iowa State Capitol. — Ed

FOR IMMEDIATE RELEASE
Wednesday 3:00 p.m. CT, June 29, 2017
Contact: Ed Fallon, Bold Iowa at (515) 238-6404 or ed@fallonforum.com

Company Spying on Pipeline Opponents Operated Without License
Analysis suggests TigerSwan guilty of a serious misdemeanor

Des Moines, Iowa — Conversations with two Iowa Department of Public Safety (IDPS) officials (Amber Markham and Ross Loder) and preliminary analysis of relevant records show that TigerSwan, the para-military security firm hired by Dakota Access to spy on pipeline opponents, operated in Iowa without a license for at least six months.

Flags line Oceti Sakowin’s “Main Street” at Standing Rock last November. Photo by Lyssa Wade.

After it was revealed earlier this week that North Dakota officials refused to issue TigerSwan a license to operate in that state, Ed Fallon, the head of Bold Iowa and a former member of the Iowa House of Representatives, inquired with state officials as to whether TigerSwan might have been similarly negligent in Iowa.

“It was confirmed by IDPS that they received from TigerSwan an application requesting a license on November 28, 2016,” noted Fallon. “We know from reports released by The Intercept that TigerSwan was actively spying on pipeline opponents in Iowa at least as early as August 2016. The company’s license wasn’t approved until February 1, 2017, so TigerSwan should be charged with a serious misdemeanor. Dakota Access and its subcontractors have gotten away with one infraction after another. We’re going to do everything we can to hold them accountable on this. It’s like driving without a license. There are consequences for scofflaws who do that. There ought to be consequences for TigerSwan and Dakota Access, too. They aren’t above the law, though sometimes they act that way.”

Fallon has filed a Freedom of Information Act request with IDPS to obtain any and all information that might shed further light on communications between Department officials and TigerSwan.

“From everything I’ve learned so far, Iowa’s public officials acted responsibly and with impartiality,” observed Fallon. “I have every confidence they’ll provide any additional information in a timely manner.”

Fallon also learned that individuals working with TigerSwan must be credentialed by IDPS. Originally, there were only two or three credentialed employees. Yet that number jumped to 88 by May 2017.

“Yeah, that’s kind of incredible,” said Fallon. “I’m not sure why they needed a squad of 88 security personnel to crack down on a couple hundred pipeline opponents. I suspect we’ll get an answer as more and more details about this shadowy operation come to light.”

The Iowa Code Chapter relevant to licensing private investigative agencies and security agents is 80A.

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NoDAPL Rally, Concert and Call to Action

Dear Friends –

I’m pumped about Saturday’s big event, spear-headed by Indigenous Iowa and highlighting the music of Gabriel Ayala. Gabriel may well be one of the most accomplished guitarists ever to perform at the Iowa State Capitol. Check out his music in the link I’ve included with this post. I guarantee you won’t want to miss Gabriel’s performance.

Saturday’s event is critical as we continue to push back against the power elite and demand justice in the fight against the Dakota Access pipeline. Click here to register your attendance and to learn about the three specific actions we’re asking pipeline fighters to focus on going forward.

*******

Another pipeline fighter goes to trial this week. Come stand with Heather Pearson in Rockwell City on Friday. The trial begins at 9:00 a.m. and we’ll hold a press conference over the noon hour on the courthouse steps. Heather (a.k.a. Bold Iowa’s Director of Rabble Rousing) played a key role in the development of the Bold Action Team tactics that were so successful at slowing down pipeline construction last fall.

*******

Participants in this spring’s Climate Justice Unity March continued the conversation with residents of Deep River last Thursday over a cookout in the park where we set-up camp the first night of the March.

The whole point of the March was to show that there’s unity across the political spectrum when it comes to climate solutions. Regardless of whether people agree on the causes of climate change, nearly everyone wants renewable energy and clean water. Many thanks to Darrin and Molly Ehret, Casey and Charlotte Pierce, Jack and Kim Higginbotham and all the other Deep River area folks who helped pull this together and continue to keep the conversation going.

Picture 1: Marchers mingle with locals at a cookout last week in Deep River.
Picture 2: Kelly Boon and Shelley Buffalo.
Picture 3: Ed Fallon played accordion and Ralph King’s film crew traveled all the way from San Francisco to continue documenting the March and its impact.

*******

Check out this week’s Fallon Forum, with birthday-boy Ron Yarnell and Ed. Here are our segment topics, and you can listen to a podcast of the show here.

1. Is the scare of American Fascism overblown?
2. Health care “reform”
3. What kills more birds: Windmills or Trump Tower?
4. Big Grocer just got bigger
5. Des Moines takes a page from Havana on food production

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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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Spies Validate Our Success

Dear Friends,

If you spend 20 minutes reading anything this week, let it be this incredible story by The Intercept. In an age when independent investigative journalism is rare and threats against our liberty are growing, this is a must read.

The story reveals how a “shadowy international mercenary and security firm known as TigerSwan targeted the movement opposed to the Dakota Access Pipeline with military-style counterterrorism measures”.

Spying and infiltration focused on pipeline opponents mostly in North Dakota and Iowa. The story exposes how “TigerSwan spearheaded a multifaceted private security operation characterized by sweeping and invasive surveillance of protesters”.

Christine, Ed and Cyndy Coppola approach construction equipment at first BAT action on September 20, 2016.

When The Intercept contacted me I readily agreed to allow my name to be unredacted. Every freedom-loving, pipeline-fighting, land-defending patriot caught in TigerSwan’s web should be proud to be a threat to Big Oil.

Even though Energy Transfer Partners (ETP) says oil will begin to flow on June 1st, there’s no doubt our efforts have been impactful. Here’s an excerpt from one of TigerSwan’s reports describing our mobile Bold Action Teams (BATs):

Christine Sheller and Arlo blocking construction equipment at first BAT action on September 20, 2016.

“Bold Iowa’s BAT tactic was unfortunately successful today. Work was stopped at several sites and used up a lot of our resources…If the lockdown tactics of Mississippi Stand and the BAT tactics of Bold Iowa were to join forces it would severely impact our mission.”

And TigerSwan is still monitoring our activities! Here’s an anonymous tip I received yesterday:

“TigerSwan is definitely deeply imbedded in Iowa. They have upped all of their men between Fort Dodge and Sioux Falls. Hotels in the areas in between are filled with their crews.”

ETP is concerned what we, the People, still might do to resist their illegal pipeline trampling our Constitutional rights and threatening our land, water and climate.

Let’s give ’em something to worry about. Here’s a few upcoming events that I hope you’ll attend:

(Note: Regarding trials, always check the day before to confirm they’re still happening, as the Court often postpones a trial at the last minute.)

TigerSwan, we understand why you lurk in the shadows. But we have nothing to hide. Truth and history are on our side. The selfish motives of greedy men like ETP’s Kelcy Warren will be exposed. Our rights will be restored. Our sacred land and water will be protected. It may take time, but we’re in it for the long haul — persistently, prayerfully, nonviolently and respectfully.

Thanks for watching, TigerSwan. And now you know: We’re watching you, too.

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