Tag Archives: Dakota Access Pipeline

Native tribes seek judgment against Army Corps over Dakota Access

NO trespassing sign

(Reuters) – The Native American tribes looking to stop the Dakota Access pipeline asked a judge to find that the Army Corps violated federal regulations when it recently granted the last permit needed for the project to be finished, according to a Tuesday court filing.

In a filing in U.S. District Court in Washington, Jan Hasselman, a lawyer with Earthjustice who represents the tribes, said the court should rule, in a partial summary judgment, that the U.S. Army Corps of Engineers violated the National Environmental Policy Act and Clean Water Act by issuing the final permit.

That easement will allow the Dakota Access pipeline to be completed by tunneling under Lake Oahe, a reservoir that forms part of the Missouri River. It comes after Judge James Boasberg on Monday denied the request by the Standing Rock Sioux and Cheyenne River Sioux for a temporary restraining order stopping the last stretch of construction.

Energy Transfer Partners is building the 1,170-mile (1,885 km) line, which will run from North Dakota to Patoka, Illinois. The last permit was denied in December and later subject to further environmental review, by the outgoing Obama administration.

After taking office last month, President Donald Trump ordered that steps be taken to expedite the permit. The Army Corps then elected not to undergo the additional environmental review and issued the permit last week.

The tribes’ legal options are narrowing, according to Dave Archambault II, chairman of the Standing Rock Sioux.

The case is 1:16-cv-1534-JEB, U.S. District Court of Washington, D.C.

(Reporting by David Gaffen; Editing by Leslie Adler)

Judge denies tribes’ request to block final link in Dakota pipeline

Police vehicles idle on the outskirts of the opposition camp against the Dakota Access oil pipeline near Cannon Ball, North Dakota.

By Timothy Gardner

WASHINGTON (Reuters) – A U.S. federal judge denied a request by Native American tribes seeking a halt to construction of the final link in the Dakota Access Pipeline on Monday, the controversial project that has sparked months of protests from tribal activists seeking to halt the 1,170-mile line.

Judge James Boasberg of the U.S. District Court in Washington, D.C., at a hearing, rejected the request from the Standing Rock Sioux and Cheyenne River Sioux tribes, who had argued that the project will prevent them from practicing religious ceremonies at a lake they say is surrounded by sacred ground.

The U.S. Army Corps of Engineers last week granted a final easement to Energy Transfer Partners LP, the company building the $3.8-billion Dakota Access Pipeline (DAPL), after President Donald Trump issued an order to advance the pipeline days after he took office in January.

Lawyers for the Cheyenne River Sioux and the Standing Rock Sioux wanted Judge Boasberg to block construction with a temporary restraining order.

“We are contending that the waters of Lake Oahe are sacred to Cheyenne River and all of its members, and that the very presence of a pipeline, not only construction but possible oil flow through that pipeline, would obstruct the free exercise of our religious practices,” Matthew Vogel, a legislative associate for the Cheyenne River Sioux, told reporters in a conference call ahead of the hearing.

The company only needs to build a final 1,100-foot (335 meter) connection in North Dakota under Lake Oahe, part of the Missouri River system, to complete the pipeline.

The line is set to run from oilfields in the Northern Plains of North Dakota to the Midwest, and then to refineries along the Gulf of Mexico, could be operating by early May.

Chase Iron Eyes, a member of the Standing Rock Tribe, said in the call that the pipeline would also cause economic harm to Native Americans.

The tribes could be facing a difficult task in convincing Boasberg to grant the restraining order. Last September, he rejected a broad request by Native Americans to block the project. That ruling was superseded by the Obama Administration, which delayed the line, seeking more environmental review.

Thousands of tribe members and environmental activists have protested the pipeline setting up camps last year on Army Corps land in the North Dakota plains. In December, the Obama Administration denied ETP’s last needed permit, but with Trump’s stated support of the pipeline, that victory was short-lived for the Standing Rock Sioux.

The Army Corps has said it will close remaining camps on federal lands along the Cannonball River in North Dakota after Feb. 22.

Cleanup efforts continued in the main protest camp located on federal land over the weekend. Only a few hundred protesters remain, and crews have been removing tipis and yurts. The Standing Rock tribe has been asking protesters to leave.

(Reporting by Timothy Gardner; additional reporting by Terray Sylvester in Cannon Ball, North Dakota; Editing by Nick Zieminski)

Construction resumes on Dakota pipeline despite tribe’s challenge

police vehicles monitoring construction of pipeline

By Terray Sylvester and Liz Hampton

CANNON BALL, N.D./HOUSTON (Reuters) – The company building an oil pipeline that has fueled sustained public protests said on Thursday it has started drilling under a North Dakota lake despite a last-ditch legal challenge from a Native American tribe leading the opposition.

Energy Transfer Partners LP <ETP.N> is building the $3.8 billion Dakota Access Pipeline (DAPL) to move crude from the Northern Plains to the Midwest and then on to the Gulf of Mexico, now saying it could be operational by early May.

The project had been put on hold under the administration of former Democratic President Barack Obama, but new President Donald Trump, a Republican, helped put it back on track.

The federal government this week cleared way for the project to resume, leading the Standing Rock Sioux Tribe to file a court challenge on Thursday seeking a temporary restraining order to halt construction and drilling for the pipeline.

The court set oral arguments on the legal challenge for Monday.

Legal experts say the tribe faces long odds in convincing any court to halt construction,

Energy Transfer Partners needs only to cross beneath Lake Oahe, part of the Missouri River system, to connect a final 1,100-foot (335 meter) gap in the 1,170-mile (1,885 km) pipeline, which will move oil from the Bakken shale formation to a terminus in Patoka, Illinois.

From there the oil would flow to another pipeline connecting south-central Illinois to the Gulf of Mexico and that region’s numerous oil refineries.

Native American tribes and climate activists have vowed to fight the pipeline, fearing it will desecrate sacred sites and endanger a source of the country’s largest drinking water reservoir.

“This administration (Trump’s) has expressed utter and complete disregard for not only our treaty and water rights, but the environment as a whole,” the Standing Rock Sioux Tribe said on Thursday in a statement on its website.

Supporters say the pipeline will be safer than transporting oil by rail or road, and industry leaders have praised the project for creating high-paying jobs

With work on the final tranche now under way, Energy Transfer Partners expects the Dakota Access Pipeline to begin operations in approximately 83 days, according to a company spokeswoman.

“We have started to drill to go beneath Lake Oahe and expect to be completed in 60 days with another 23 days to fill the line to Patoka,” spokeswoman Vicki Granado said in an email.

She declined to specify when drilling began except that it was after the company received federal permission on Wednesday.

Public opposition drew thousands of people to the North Dakota plains last year including high-profile political and celebrity supporters. Large protest camps popped up near the site, leading to several violent clashes and some 700 arrests.

A few hardy protesters have remained camped out near the lake, braving sub-freezing temperatures.

Among them is Frank Archambault, 45, who has lived in the camp since August when he left his home on the Standing Rock reservation.

“It angers me. It angers me because people are pushing other people around, breaking laws,” Archambault said. “They’re trying to kill us off by contaminating the water. We’ve had enough.”

Ptery Light, 55, of Portland, Oregon, who has lived in the main camp since Oct. 31, said he was not giving up hope.

“I just pray that there’s no oil spill,” Light said. “This is purely about greed.”

For now, their hopes are pinned on the Standing Rock Sioux Tribe winning a legal victory.

To obtain the temporary restraining order, the tribe must convince the judge there will be immediate harm suffered and prove it has a strong overall case should its lawsuit to halt the project result in a full trial.

The U.S. district judge in the case, James Boasberg, previously rejected the tribe’s request to block the project, ruling in September that the Army Corps of Engineers likely complied with the law in permitting the pipeline to go forward.

(Additional reporting by Daniel Wallis in New York)

North Dakota tribe says running out of options to stop pipeline

Protesters raise a banner regarding Dakota Access Pipeline

By Ernest Scheyder and Terray Sylvester

HOUSTON/CANNON BALL, N.D. (Reuters) – The leader of a Native American tribe attempting to block the Dakota Access oil pipeline said on Wednesday the Standing Rock Sioux Tribe may have exhausted legal options to stop the project after the company building it won federal permission to tunnel under the Missouri River.

Legal experts agreed the tribe faces long odds in convincing any court to halt the $3.8 billion project led by Energy Transfer Partners LP, which could now begin operation as soon as June.

The U.S. Army said on Wednesday it had granted the final permit for the pipeline after an order from President Donald Trump to expedite the project. The army owns the land through its Corps of Engineers.

“We’re running out of options, but that doesn’t mean that it’s over,” David Archambault II, chairman of the Standing Rock Sioux Tribe, told Reuters in a telephone interview. “We’re still going to continue to look at all legal options available to us.”

Native American tribes and climate activists have vowed to fight the pipeline, fearing it will desecrate sacred sites and endanger drinking water. Supporters say the pipeline is safer than rail or trucks to transport the oil.

The 1,170-mile (1,885-km) line will move crude from the shale oilfields of North Dakota to Illinois en route to the Gulf of Mexico, where many U.S. refineries are located.

Public opposition has drawn thousands of people to the North Dakota plains, including high-profile political and celebrity supporters. Large protest camps popped up near the site, leading to several violent clashes and some 600 arrests.

The opposition sensed victory last year when the administration of President Barack Obama, a Democrat, delayed completion of the pipeline pending a review of tribal concerns and in December ordered an environmental study.

But those fortunes were reversed after Trump, a Republican, took office on Jan. 20. Trump issued an order on Jan. 24 to expedite both the Dakota Access Pipeline (DAPL) and to revive another multibillion-dollar oil artery, Keystone XL. The Obama administration had blocked that project in 2015.

On Wednesday, some 350 people converged in lower Manhattan, hoisting signs such as “Water is Life,” “Dump Trump” and “Respect Native Sovereignty.”

“This isn’t just a Native American problem, this isn’t just an issue over race, this goes way beyond that,” said Matene Strikefirst, who said he is a member of the tribe of Ojibwe and Dakota. “We need to get over our dependence on fossil fuels; we need to ensure drinking water for everyone.”

Another 100 gathered near the White House, denouncing

Trump.

“We know there is going to be bloodshed,” said Eryn Wise, spokeswoman for the International Indigenous Youth Council.

“This is cultural genocide,” said Linda Black Elk, a resident of the Standing Rock Indian Reservation.

BIG HURDLE

In a court filing on Tuesday, the Army said it would allow the final section of the DAPL to tunnel under Lake Oahe, part of the Missouri River system. The permit was the last bureaucratic hurdle to the pipeline’s completion.

The tribe said on Wednesday it would attempt to use a “legal battle and temporary restraining order” to shut down pipeline operations.

But Wayne D’Angelo, an energy and environmental lawyer with Kelley Drye & Warren in Washington, said he believed the Trump administration was on “pretty solid legal ground.”

The tribe would have to prove a very difficult standard: that approval for the pipeline was “arbitrary and capricious, an abuse of discretion or inconsistent with the record before the agency,” D’Angelo said.

The protest camps dwindled after the Obama administration ordered the environmental review in December as the tribe urged people to leave due to concerns about trash buildup in a flood plain.

But a few holdouts have remained, including some who braved temperatures of minus 9 Fahrenheit (minus 23 C) on Wednesday.

(Additional reporting by Brendan Pierson and Tina Bellon in New York and Tom Ramstack in Washington; Writing by Daniel Trotta; Editing by Matthew Lewis and Leslie Adler)

Controversial Dakota pipeline to go ahead after Army approval

north dakota national guard near dakota access pipeline

By Valerie Volcovici and Ernest Scheyder

WASHINGTON/HOUSTON (Reuters) – The U.S. Army will grant the final permit for the controversial Dakota Access oil pipeline after an order from President Donald Trump to expedite the project despite opposition from Native American tribes and climate activists.

In a court filing on Tuesday, the Army said that it would allow the final section of the line to tunnel under North Dakota’s Lake Oahe, part of the Missouri River system. This could enable the $3.8 billion pipeline to begin operation as soon as June.

Energy Transfer Partners <ETP.N> is building the 1,170-mile (1,885 km) line to help move crude from the shale oilfields of North Dakota to Illinois en route to the Gulf of Mexico, where many U.S. refineries are located.

Protests against the project last year drew drew thousands of people to the North Dakota plains including Native American tribes and environmental activists, and protest camps sprung up. The movement attracted high-profile political and celebrity supporters.

The permit was the last bureaucratic hurdle to the pipeline’s completion, and Tuesday’s decision drew praise from supporters of the project and outrage from activists, including promises of a legal challenge from the Standing Rock Sioux tribe.

“It’s great to see this new administration following through on their promises and letting projects go forward to the benefit of American consumers and workers,” said John Stoody, spokesman for the Association of Oil Pipe Lines.

The Standing Rock Sioux, which contends the pipeline would desecrate sacred sites and potentially pollute its water source,

vowed to shut pipeline operations down if construction is completed, without elaborating how it would do so. The tribe called on its supporters to protest in Washington on March 10 rather than return to North Dakota.

“As Native peoples, we have been knocked down again, but we will get back up,” the tribe said in the statement. “We will rise above the greed and corruption that has plagued our peoples since first contact. We call on the Native Nations of the United States to stand together, unite and fight back.”

Former President Barack Obama’s administration last year delayed completion of the pipeline pending a review of tribal concerns and in December ordered an environmental study.

Less than two weeks after Trump ordered a review of the permit request, the Army said in a filing in District Court in Washington D.C. it would cancel that study. The final permit, known as an easement, could come in as little as a day, according to the filing.

There was no need for the environmental study as there was already enough information on the potential impact of the pipeline to grant the permit, Robert Speer, acting secretary of the U.S. Army, said in a statement.

Trump issued an order on Jan. 24 to expedite both the Dakota Access Pipeline and to revive another controversial multibillion dollar oil artery: Keystone XL. Obama’s administration blocked that project in 2015.

At the Dakota Access construction site, law enforcement and protesters clashed violently on several occasions throughout the fall. More than 600 people were arrested, and police were criticized for using water cannons in 25-degree Fahrenheit (minus 4-degree Celsius) weather against activists in late November.

“The granting of an easement, without any environmental review or tribal consultation, is not the end of this fight,” said Tom Goldtooth, executive director of the Indigenous Environmental Network, one of the primary groups protesting the line.

“It is the new beginning. Expect mass resistance far beyond what Trump has seen so far.”

LEGAL CHALLENGE TOUGH

Any legal challenge is likely to be a difficult one for pipeline opponents as presidential authority to grant such permits is generally accepted in the courts. The tribe said in a statement the decision “wrongfully terminated” environmental study of the project.

Deborah Sivas, professor of environmental law at Stanford and director of Stanford’s Environmental Law Clinic, said a challenge by the tribe would likely rely on the reasons the Army Corps itself gave for why more review was needed in December.

“The tribe will probably argue that an abrupt reversal without a sufficient explanation for why the additional analysis is not necessary is arbitrary and should, therefore, be set aside,” she said in an email.

Supporters say the pipeline is safer than rail or trucks to transport the oil.

Shares of Energy Transfer Partners finished up 20 cents at $39.20, reversing earlier losses on the news.

(Additional reporting by Liz Hampton in HOUSTON and Brendan Pierson in New York; Writing by David Gaffen and Simon Webb; Editing by Cynthia Osterman)

U.S. could grant final permit for Dakota pipeline as soon as Friday: government lawyer

police barricade north of Dakota Access Pipeline

By Valerie Volcovici

WASHINGTON (Reuters) – The U.S. Army secretary could make a decision on the final permit needed to complete the controversial Dakota Access Pipeline as soon as Friday, the government’s lawyer told a Washington, D.C., court on Monday.

The Army Corp of Engineers told the court it has submitted its recommendation to Robert Speer, the acting secretary of the Army, on whether it needs to complete a full environmental review before it can grant the final permit allowing work to start on a contested tunnel under a lake. The review was requested in December by former President Barack Obama.

Opponents argue that letting the pipeline cross under Lake Oahe, a reservoir that is the water source for the Standing Rock Sioux Reservation, would damage sacred lands and could leak oil into the tribe’s water supply.

Proponents believe the pipeline is necessary to transport U.S. oil safely and that it would create jobs.

Jan Hasselman, an attorney with Earthjustice, who represents the Standing Rock Sioux, said the tribe will challenge the U.S. government in court if the Army grants the easement. The tribe, along with other Native American groups, environmentalists and other activists, have opposed the $3.8 billion Dakota Access Pipeline led by Energy Transfer Partners LP <ETP.N>.

He said it is unclear whether construction could begin while the decision is challenged or whether the court will grant an injunction blocking the work.

“Our position is the tribe’s treaty rights and the law require the full (Environmental Impact Study) process that the government initiated in December. Issuing the easement without that process will be a serious violation of the law,” Hasselman told Reuters.

A spokesman for the Army was not immediately available to comment. Energy Transfer Partners declined to comment on the legal proceedings.

At the hearing at the D.C. Circuit Court on Monday, lawyers for ETP said the pipeline would become fully operational around 90 days after construction begins. If the easement is granted, oil can start crossing under the lake, a reservoir that is part of the Missouri River, as soon as 60 days after construction starts.

(Additional reporting by Liz Hampton in Houston; Editing by Dan Grebler)

Dakota Access pipeline moves closer to completion: lawmakers

Police monitor outskirts of Dakota Access Pipeline protest

By Valerie Volcovici

WASHINGTON (Reuters) – The U.S. Army Corps of Engineers will grant the final approval needed to finish the Dakota Access Pipeline project, U.S. Senator John Hoeven and Congressman Kevin Cramer of North Dakota said on Tuesday.

However, opponents of the $3.8 billion project, including the Standing Rock Sioux Tribe, whose reservation is adjacent to the route, claimed that Hoeven and Cramer were jumping the gun and that an environmental study underway must be completed before the permit was granted.

For months, climate activists and the Standing Rock Sioux tribe have been protesting against the completion of the line under Lake Oahe, a reservoir that is part of the Missouri River. The one-mile stretch of the 1,170-mile (1,885 km) line is the only incomplete section in North Dakota.

The project would run from the western part of the state to Patoka, Illinois, and connect to another line to move crude to the U.S. Gulf Coast.

Hoeven said Acting Secretary of the Army Robert Speer had told him and Vice President Mike Pence of the move. “This will enable the company to complete the project, which can and will be built with the necessary safety features to protect the Standing Rock Sioux Tribe and others downstream,” Hoeven, a Republican, said in a statement.

Representatives for the Army Corps of Engineers could not be reached immediately for comment late on Tuesday. The Department of Justice declined to comment.

President Donald Trump signed an executive order last week allowing Energy Transfer Partners LP’s Dakota Access Pipeline to go forward, after months of protests from Native American groups and climate activists pushed the administration of President Barack Obama to ask for an additional environmental review of the controversial project.

The approval would mark a bitter defeat for Native American tribes and climate activists, who successfully blocked the project earlier and vowed to fight the decision through legal action.

On Tuesday evening, the Standing Rock tribe said the Army could not circumvent a scheduled environmental impact study that was ordered by the outgoing Obama administration in January. “The Army Corps lacks statutory authority to simply stop the EIS,” they said in a statement.

The tribe said it would take legal action against the U.S. Army’s reported decision to grant the final easement.

To view a graphic on the Dakota Access line route, click http://tmsnrt.rs/2kpvmic

“JUMPED THE GUN”

Jan Hasselman, an Earthjustice lawyer representing the tribe, told Reuters that Hoeven and Cramer “jumped the gun” by saying the easement would be granted and that the easement was not yet issued.

Dallas Goldtooth of the Indigenous Environment Network, which has been a vocal opponent of the pipeline, said on Twitter that lawmakers were “trying to incite violence” by saying the easement was granted before it was official.

There have been numerous clashes between law enforcement and protesters over the past several months, some of which have turned violent. More than 600 arrests have been made.

Heavy earth-moving equipment had been moved to the protest camp in recent days to remove abandoned tipis and cars, with the camp to be cleared out before expected flooding in March.

There were more than 10,000 people at the camp at one point, including Native Americans, climate activists and veterans. Several hundred remain.

A spokesman for Hoeven, Don Canton, said it would probably be a “matter of days rather than weeks” for the easement to be issued.

Oil producers in North Dakota are expected to benefit from a quicker route for crude oil to U.S. Gulf Coast refineries.

North Dakota Democratic Senator Heidi Heitkamp said the timeline for construction was still unknown but said she hoped Trump would provide additional law enforcement resources and funding to ensure the safe start of pipeline construction.

“We also know that with tensions high, our families, workers, and tribal communities deserve the protective resources they need to stay safe,” Heitkamp said.

(Reporting by Valerie Volcovici and Eric Beech in Washington, Alex Dobuzinskis in Los Angeles, David Gaffen in New York and Ernest Scheyder in Houston; Editing by Lisa Shumaker and Paul Tait)

Clean-up begins at Dakota pipeline protest camp

Law enforcement officers monitor outskirts of protests for Dakota Access Pipeline

By Terray Sylvester

CANNON BALL, N.D. (Reuters) – Dump trucks and heavy machinery rolled into the protest camp near the site of the Dakota Access Pipeline on Monday, and crews began filling large dumpsters with garbage that has accumulated, much of it now buried under snow.

The clean-up marked cooperation among authorities and camp organizers. The decision to clean the site, where a few hundred protesters remain, was made on Sunday by state and local officials and members of the Standing Rock Sioux tribe.

Those involved said it was not an effort to destroy the camp, which sits on U.S. Army Corps of Engineers land, but a move to prevent waste contaminating water sources.

“I’m not going to run people’s camps over. I’m not going to take anyone’s property or do anything like that,” Hans Youngbird Bradley, a construction contractor from the Standing Rock Sioux tribe said during the meeting.

There are dozens of abandoned cars and structures as well as waste at the camp.

“It is paramount for public safety, and to prevent an environmental disaster, that the camps be cleared prior to a potential spring flood,” said North Dakota Governor Doug Burgum, a Republican who supports the completion of the pipeline, in a statement.

Land is being leased on the Standing Rock Reservation for protesters who wish to remain in the area.

Protesters rallied for months against plans to route the $3.8 billion pipeline beneath Lake Oahe near the Standing Rock Sioux reservation, saying it threatened water resources and sacred Native American sites.

At one point, nearly 10,000 people had flocked to the site. But the number dwindled to several hundred after the Standing Rock Sioux asked activists to leave when a permit to drill under the lake was denied in December.

President Donald Trump signed an executive order last week to speed up the completion of the project, dealing a blow to protesters.

(Writing by Timothy Mclaughlin in Chicago; Editing by Cynthia Osterman)

S&P 500, Nasdaq hit record highs on bank, tech gains

traders working on floor of NYSE

By Chuck Mikolajczak

NEW YORK (Reuters) – The S&P 500 and Nasdaq touched intraday record highs on Tuesday and the Dow was poised for its best day of the year, lifted by gains in financial and technology stocks.

The advance comes as investors assess quarterly earnings reports, while trying to find more clarity on President Donald Trump’s economic policies.

Trump signed two executive orders on Tuesday to move forward with construction of the controversial Keystone XL and Dakota Access oil pipelines, rolling back key Obama administration environmental actions in favor of expanding energy infrastructure. He also met with chief executives of the Big Three U.S. automakers to push for more cars to be built in the United States.

“He is demonstrating that he is extremely business friendly, and I thought he had a good day today,” said Stephen Massocca, Chief Investment Officer, Wedbush Equity Management LLC in San Francisco.

“The protectionist stuff will spook the market, the rest of it is spot-on.”

Profits of S&P 500 companies are estimated to have risen 6.7 percent in the latest quarter, marking the strongest growth in two years, according to Thomson Reuters I/B/E/S.

Despite stalling in recent weeks, the post-election rally has contributed to somewhat lofty valuations. The S&P 500 is trading at about 17 times forward 12-month earnings, according to Thomson Reuters Datastream, compared with the 10-year median of 14.2.

The Dow Jones Industrial Average rose 133.5 points, or 0.67 percent, to 19,933.35, the S&P 500 gained 16.27 points, or 0.72 percent, to 2,281.47 and the Nasdaq Composite added 46.03 points, or 0.83 percent, to 5,598.98.

GM shares were up 1.5 percent and Ford rose 2.3 percent, while Fiat Chrysler jumped 6.7 percent. The S&P financial sector climbed 1.5 percent. The index had surged more than 16 percent in the wake of the election to the end of 2016 but has struggled in the new year, losing more than 1 percent through Monday.

Materials jumped nearly 3 percent and were on track for their best day since February. The sector was bolstered by a 5 percent rise in DuPont, which reported a better-than-expected quarterly profit.

IBM, up 2.9 percent, and Intel, up 2.6 percent, were among the top boosts to the S&P 500 and helped lift the tech sector by 1.1 percent to put the sector on track for its best day this year.

Yahoo rose 3.3 percent after the company reported better-than-expected quarterly profit and revenue and said the sale of its core internet business to Verizon should be completed in the second quarter.

Advancing issues outnumbered declining ones on the NYSE by a 2.95-to-1 ratio; on Nasdaq, a 2.47-to-1 ratio favored advancers.

The S&P 500 posted 42 new 52-week highs and two new lows; the Nasdaq Composite recorded 107 new highs and 28 new lows.

(Reporting by Chuck Mikolajczak; Editing by James Dalgleish)

North Dakota tribe formally calls on pipeline protesters to disperse

Dakota Access pipeline protest

By Terray Sylvester

CANNON BALL, N.D. (Reuters) – A Sioux tribal council on Saturday formally asked hundreds of protesters to clear out of three camps near its North Dakota reservation used to stage months of sometimes violent protests against the proposed Dakota Access Pipeline.

The Standing Rock Sioux Tribe on Friday unanimously passed a resolution calling for the camps to be dismantled, it said on its Facebook page on Saturday. The tribe has been encouraging protesters to go home since the U.S. Army Corps of Engineers agreed to an environmental review of the $3.8 billion project in December.

Despite earlier discussions about alternative sites, the resolution made no provision for relocating the estimated 600 protesters, which include non-native environmental activists and Native Americans from outside the tribe.

“The pipeline fight has moved beyond the camps and our strategy must evolve with the process,” Standing Rock Tribal Chairman David Archambault II said in a statement dated Saturday.

The council said heavy snowfall in the area had raised the danger of flooding, and this week’s clashes with police could imperil the environmental review process.

“Because we worked together, the federal government will prepare an Environmental Impact Statement,” the tribe said. “Moving forward, our ultimate objective is best served by our elected officials, navigating strategically through the administrative and legal processes.”

Native Americans and environmental activists have said that the pipeline would threaten water resources and sacred lands.

The tribe, which launched the effort to stop the pipeline last year, won a major concession when the government denied Energy Transfer Partners an easement for the pipeline to travel under Lake Oahe, a water source upstream from the reservation.

The tribe’s resolution formally called on protesters to leave the area in 30 days, in part because of the potential for environmental damage and safety issues raised by the encampments.

But a former council member said the tribe was also concerned that recent clashes could delay the reopening of a highway linking the reservation to Bismarck, the state capital, an hour’s drive to the north.

“Our main venture that we have on Standing Rock is the Prairie Knights Casino, and Highway 1806 is the main access road,” said Phyllis Young, who currently serves as a consultant to the tribe on the Dakota Access Pipeline.

Tensions increased this week near the construction site, with repeated clashes between protesters and police ahead of Friday’s inauguration of President Donald Trump, an unabashed supporter of the project.

Police used tear gas and fired beanbag rounds to disperse crowds, and have arrested nearly 40 people since Monday, law enforcement officials said.

One of the main groups representing protesters in the camp signaled a willingness to abide by the tribe’s resolution.

“Our network respects the decision of the Cannon Ball district and the tribal council of the Standing Rock Sioux Tribe,” said Tom Goldtooth, the executive director of the Indigenous Environmental Network. “Vacating the camp does not mean abandoning the resistance.”

But Olive Bias, a Cherokee from Colorado who has been at the camps since September, said she expected some people would refuse to leave camp.

“Some will (leave). Others won’t. It’s pretty inevitable,” she said.

(Writing by Frank McGurty, editing by G Crosse)