Trump signed Pres. memo, “Construction of Dakota Access Pipeline” and “Construction of Keystone XL Pipeline”

The first memo allows the Dakota Access pipeline to use the old EIS for permitting purposes. The second memo invites the Keystone XL parent company to reapply for permits from the Dept. of State


The Dakota Access pipeline is a mostly finished construction except for the controversial section crossing the Missouri River that is dangerously close to the Standing Rock Sioux Tribe’s source of drinking water. On Jan. 18, the Army Corps of Engineers issued a notice of intent to prepare an environmental impact statement (EIS) specifically find “(1) Alternative locations for the pipeline crossing the Missouri River, (2) Potential risks and impacts of an oil spill, and potential impacts to Lake Oahe, the Stand Rock Sioux Tribe’s water intakes, and the Tribe’s water, treaty, fishing, and hunting rights; and (3) Information on the extent and location of the Tribe’s treaty rights in Lake Oahe. Continue reading “Trump signed Pres. memo, “Construction of Dakota Access Pipeline” and “Construction of Keystone XL Pipeline””

Trump wrote Pres. memo, “Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing”

This memorandum promotes the policy of expanding manufacturing through “expedited” permitting and altering the rule making process for regulations.

1. Stakeholder Consultation

Sec. 2 calls for a general survey of all Federal regulations regarding domestic regulations and specifically calls for comments from the public and “stakeholders.” A stakeholder is anyone with an interest or concern in the matter. Here, the manufacturing businesses themselves are apparent stakeholders because their productivity is on the line. Along those lines, the energy sector and investment firms would also be interested in the reduction of regulatory burdens. But on the other hand, unions, consumers, environmental organizations, and neighboring communities also have a stake in what regulations are in place. Continue reading “Trump wrote Pres. memo, “Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing””

Trump signed Pres. memo, “Construction of American Pipelines”

This Presidential memo directs the Secretary of Commerce to develop a rule requiring all iron and steel products be produced in the U.S. with U.S. iron or steel

The attorneys at King & Spalding reports several ambiguities in the language of this order: no definitions for “pipeline,” “inside the borders of the United States,” and “materials and equipment.” Does pipeline only refer to pipelines transporting oil and natural gas products, or any commodity or substance? Does this rule only apply to pipelines within the three-mile territorial waters of the United States, and not pipelines located on the Outer Continental Shelf?  What effect does this rule have on a pipeline that crosses international borders?  What about retrofitting or expanding current pipelines? Continue reading “Trump signed Pres. memo, “Construction of American Pipelines””