New IUB conflict revealed as DAPL request denied!

To those who say, “The fight against the Dakota Access pipeline is over, so just move on,” we pipeline fighters and water protectors say, “Not so fast!”

Lawsuit plaintiffs at a 2016 press conference

Tuesday, the Iowa Supreme Court sided with nine Iowa landowners and the Sierra Club Iowa Chapter, rejecting Dakota Access’ request to have the landowners’ lawsuit dismissed!

The Court’s order reads: “Dakota Access contends this appeal should be dismissed because the appellant, Sierra Club Iowa Chapter, has failed to establish proper standing in this matter and the remaining appellants’ claims are moot. Upon consideration, the motion to dismiss is denied. Dakota Access may raise the issues regarding standing and mootness in its appellate brief.”

The march after the landowners’ hearing at the Polk County Courthouse in December

Click here to read the complete order: 17. Order – Motion to Dismiss Denied

This is a really big deal. It means the case against the Iowa Utilities Board (IUB) and Dakota Access will move forward, with a schedule for court filings being established and a trial likely later this year or early in 2018.

The Court’s order revealed another important and disturbing development. Richard W. Lozier, Jr. requested permission to withdraw as counsel for the MAIN Coalition — a front group for Dakota Access. The Court rightfully granted that request. What’s incredible is that Governor Branstad recently appointed Lozier to the IUB, filling the seat vacated by Libby Jacobs, despite this clear conflict of interest!

Richard W. Lozier, Jr.

If Branstad wanted to inflame pipeline opponents and encourage further criticism of the rampant corruption within his administration, putting Lozier on the IUB was the perfect way to do that.

Now the burden of defending this wolf-guards-hen-house appointment falls to Lt. Gov. Kim Reynolds. It’ll be interesting to see how Reynolds responds. If she kowtows to Big Oil and keeps Lozier on the IUB, don’t be surprised if her Republican opponent(s) make hay with it leading up to next June’s gubernatorial primary.

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Pipeline Opponents Will Continue Fight

FOR IMMEDIATE RELEASE
3:00 p.m. CST – Thursday, February 11, 2016

Contact:  Ed Fallon, 515-238-6404 or fallonforum@gmail.com
Kathy Holdefer, 515-491-8468 or kholdefer@hotmail.com
State Rep. Dan Kelley, (641) 521-9260 or dan.kelley@legis.iowa.gov
Pam & Bill Alexander, (641) 682-5905 or wha-lex55@hotmail.com

Pipeline Opponents Will Continue Fight
Vow to remain vigilant, active, engaged

DES MOINES — Iowa pipeline fighters commended the Iowa Utilities Board (IUB) for taking further time to deliberate on Dakota Access’ request for a permit to build a crude oil pipeline across 350 miles of prime Iowa farmland. It is uncertain how the process will continue to unfold, but after a week of IUB meetings, pipeline opponents made it clear they will continue to be involved, vigilant and outspoken.

“I continue to be proud of how far we have come in resisting this attack on Iowa landowner rights as well as on our soil and water,” said Kathy Holdefer, a Jasper County landowner whose land is just a few hundred yards from where the pipeline is proposed to run. “I think Dakota Access thought it would bulldoze us through this process, similar to how they want to bulldoze our land. We will continue to fight this until we drive this out-of-state, private company out of Iowa.”

“I commend the board members for taking further time to address this unprecedented and extremely damaging proposal,” said Ed Fallon, a former lawmaker who walked the length of the proposed pipeline in 2015. “Some board members’ comments concern me. But much of their inquiry is spot-on. And staff have done a decent job at presenting not just Dakota Access’ view point but the perspective of opponents as well. The fact that board members are willing to further slow down the process is encouraging.”

“I’ve opposed this project on behalf of Jasper County farmers and landowners from the beginning,” said State Representative Dan Kelley (D-Newton), who attended the IUB meeting today. “Our environment must be protected from spills – both catastrophic and chronic. Our addiction to oil may be fatal, and our focus must be on clean renewables.” Kelley wouldn’t speculate on the IUB’s eventual decision, saying it could go either way.

“Our whole family is affected by this,” said Pam Alexander, whose family owns land in Mahaska County that would be compromised by the pipeline. “It’s been nerve-wracking, not knowing what’s going on from one step to the next. It seems like we landowners are almost second-class citizens when it comes to our role in this pipeline. But I am at least glad the Board is taking time making a decision.”

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