Presidential Memorandum on the Dakota Access Pipeline

We spend a lot of time waiting for official documents to post to make sure the information out there about them is correct. Sarah and I were waiting all afternoon for an “official” link to this memorandum, and then I realized the link would be to the website of the White House Press Office. So. For the record, I personally saw the actual document first on Twitter from Lael Echo-Hawk (@laeleh), and then on Facebook from Bryan Newland, who had it from Nicole Willis. It does appear from the text that it will eventually be published in the Federal Record, probably tomorrow or the next day.

Here is the Memorandum (technically not an Executive Order. For the quick and easy explanation of the difference you can look here, but probably should know that President Obama’s actions in Bristol Bay, for example, were also a memorandums).

This Memorandum does not itself try to eliminate the Environmental Impact Statement (EIS) process for DAPL, but asks the U.S. Corps of Engineers to expedite it and to consider rescinding or modifying the December 4th Memorandum posted here.

Standing Rock’s press release in response is here.

This entry was posted in Author: Kate E. Fort, Environmental and tagged , , , . Bookmark the permalink.

3 Responses to Presidential Memorandum on the Dakota Access Pipeline

  1. Bob Anderson says:

    Note that the Bristol Bay Memorandum was different because it explicitly relied on section 12(a) of OCSLA, which provides statutory authority for the withdrawal of areas in the OCS from leasing. The Trump memo on DAPL has no such legal effect, but purports to guide agency discretion consistent with existing law, which would include NEPA , the APA, and Treaty rights.

    • Kate Fort says:

      Yes, which is important. The point of the example was to show that the use of Presidential Memorandum is not new or limited to this President, and the distinctions between them and EOs are increasingly slim.

  2. Pingback: Fletcher: “Indian Country And Climate Change After DAPL” @ Law360.c0m | Turtle Talk

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