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Judge Orders Dakota Access Pipeline to Shut Down Pending Environmental Review

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  • The Dakota Access Pipeline must suspend operations pending an environmental review, according to orders from a U.S. District Court.
  • A judge claimed that while this may cause disruption to oil industries, the Army Corps of Engineers did not provide a needed environmental impact statement. They must now draft one and undergo a review process that could last 13 months.
  • This order is a big win for environmental groups and the Standing Rock Sioux Tribe, who have been fighting for four years to shut down the pipeline. The tribe has long claimed that the pipeline is a threat to their main water supply in the Missouri River,
  • However, Energy Transfer Partners, which runs the pipeline, is vowing to appeal the ruling. 

Pipeline Ordered to Shut Down

A U.S. District Court in Washington D.C. ordered on Monday that the Dakota Access Pipeline must halt operations within 30 days, pending an environmental review. 

The pipeline runs for over 1,100 miles between North Dakota and Illinois, transporting 570,000 barrels of oil per day. It has faced opposition from environmental activists and members of the Standing Rock Sioux Tribe for several years over pollution concerns. Monday’s order is a victory for the pipeline’s critics. 

In his order, United States District Judge James E. Boasberg wrote that the U.S. Army Corps of Engineers, which permitted the Dakota Access Pipeline, had violated the National Environmental Policy Act when it allowed a portion of the pipeline to be built under part of the Missouri River. 

“This was because the Corps had failed to produce an Environmental Impact Statement despite conditions that triggered such a requirement,” Boasberg wrote. 

The Standing Rock Sioux Tribe is located just under a mile from the pipeline, and gets much of its water supply from the Missouri River. They feared that having a pipeline under their water source could lead to contamination should there ever be a leak or spill. 

The court acknowledged the potential consequences of shutting the pipeline down, including a disruption of North Dakota’s oil industry, as well as the oil industries of other states. However, Boasberg believed that the best path forward in this case was to shut the pipeline down.

“Yet, given the seriousness of the Corps’ [National Environmental Policy Act] error, the impossibility of a simple fix, the fact that Dakota Access did assume much of its economic risk knowingly, and the potential harm each day the pipeline operates, the Court is forced to conclude that the flow of oil must cease,” Judge Boasberg wrote. 

The court is asking the U.S. Army Corps of Engineers to reassess the environmental impacts of the pipeline and to prepare an impact statement. Judge Boaberg first ordered a review back in March. Per Monday’s ruling, the pipeline must shut down pending the review, a process that is expected to last 13 months. 

Responses to Order

The ruling could be appealed and only closes the pipeline temporarily. Still, it was cause for celebration for members of the Standing Rock Sioux Tribe and other activists who had been protesting against the Dakota Access Pipeline since 2016.

“Today is a historic day for the Standing Rock Sioux Tribe and the many people who have supported us in the fight against the pipeline,” Mike Faith, Chairman of the Standing Rock Sioux Tribe said in a statement. “This pipeline should have never been built here. We told them that from the beginning.”

“It took four long years, but today justice has been served at Standing Rock,” said Jan Hasselman, an Earthjustice attorney representing the tribe. “If the events of 2020 have taught us anything, it’s that health and justice must be prioritized early on in any decision-making process if we want to avoid a crisis later on.”

Youth activist and founder of Fridays for Future Greta Thunberg also applauded the court’s decision on Twitter.

On the other hand, however, the decision was met with swift criticism from Energy Transfer Partners, which controls the pipeline. The company has promised legal action, and according to Hasselman, has already filed for an appeal. 

In a statement, Energy Transfer said the order is “not supported by the law or the facts of the case.”

“Furthermore, we believe that Judge Boasberg has exceeded his authority in ordering the shutdown of the Dakota Access Pipeline, which has been safely operating for more than three years,” it said. 

Energy Transfer claims that billions of dollars of tax and royalty revenue will be lost by local and tribal governments in several states. 

“The economic implications of the Judge’s order are too big to ignore and we will do all we can to ensure its continued operation,” the company stated, before maintaining that the Dakota Access Pipeline is environmentally safe and responsible. 

See what others are saying: (Axios) (Associated Press) (Wall Street Journal)

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Mother and Boyfriend Charged After Abandoning 3 Children in Apartment With Sibling’s Remains

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Authorities said the malnourished children had been living in the unit without their parents for months.


Abandoned Children Discovered in Houston

Police in Texas arrested a mother and her boyfriend on Tuesday after finding the woman’s three children abandoned in an apartment unit with the remains of their sibling.

Authorities found the 7-, 10-, and 15-year-old boys on Sunday when the teen called police to report that his brother had been dead for a year and that his body was in the unit.

When authorities arrived at the scene, they found the children living in “deplorable conditions.” Police also found the skeletal remains of an 8-year-old, who they emphasized had been decomposing for an extended period of time.

Harris County Sheriff Ed Gonzalez said the boys were fending for each other, with the eldest doing his best to care for the younger ones. According to the teen, his parents hadn’t been living in the apartment with them for months.

Gonzales called it one of the most shocking cases he had ever seen in all his years in law enforcement, and many are now asking how these kids could have been suffering for so long without anyone ever noticing.

Signs That Went Unnoticed

The Daily Beast reported that the kids hadn’t been attending school since May 2020, claiming that the school even conducted an unsuccessful home visit in September of that year.

On top of that, the children had been without power for several weeks, with one neighbor telling local reporters that the teen would often charge his phone at her place.

Another neighbor, Erica Chapman, said she had once found the teen sleeping on a playground slide, so she gave him some food and drinks.

I asked him if he was hungry. He said, ‘Yeah,’ and I brought him out some food and some drinks,” Chapman told KHOU.

She said he “wouldn’t talk about his parents,” and she didn’t push because she wanted him to feel safe coming to her if he needed food. Chapman added that she would drop off food at the apartment sometimes but said it was hard to tell what was going on inside.

Police also described a foul odor coming from the unit, which a different neighbor said she complained to management about more than once. That woman claimed the smell was so vile, she could not turn on her air conditioning.

Dianne Davis, who lived in the complex for two years, told The Houston Chronicle that the building manager performs regular inspections on the units, with the most recent one happening last week.

“How come they couldn’t detect this?” Davis told the paper. “How could that not have been found?”

Mother and Boyfriend Face Charges

According to Child Protective Services (CPS), the agency does have a history with the family, but there was no active investigation at the time the kids were discovered.

After they were found, the boys were treated at a hospital and placed with CPS while the agency seeks emergency custody of them.

At the hospital, doctors discovered fractures in the 7-year-old face and said two of the three boys were malnourished. Meanwhile, the medical examiner’s office said the deceased child suffered multiple blunt force injuries and ruled his death a homicide.

Police located the mother, 35-year-old Gloria Williams, and her boyfriend, 31-year-old Brian Coulter, on Sunday. They were interviewed and initially released without charges.

ABC13 reported that the teen texted his mother, who lived just 15 minutes, before calling the police.

On Tuesday, the couple was finally arrested while allegedly reading articles about themselves at a library. Williams, faces multiple charges, including injury to a child by omission and tampering with evidence involving a human corpse.

Meanwhile, Coulter was charged with murder over the death of the child, though both he and Williams are expected to face more charges as investigators continue to unpack the details of this case.

See what others are saying: (The Houston Chronicle) (The Daily Beast) (The Washington Post)

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Man Spent COVID Relief Loan on $58,000 Pokemon Card, Feds Say

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The man is facing a wire fraud charge, which carries a max sentence of up to 20 years in federal prison, along with a $250,000 fine.


COVID Relief Funds Used on Pokemon Card

Authorities have accused a man in Georgia of misusing COVID-19 relief funds, claiming that he spent $57,789 on a single Pokemon card.

Prosecutors said Vinath Oudomsine made false statements about the gross revenue his business earns and the number of workers he employs when he applied for aid authorized under the CARES Act.

On his July 2020 application, Oudomsine allegedly claimed he had 10 employees and 12-month gross revenues of $235,000.

The following month, he was given about $85,000 from the Small Business Administration (SBA), which means he spent nearly all of the money on the rare card.

Authorities have given few details about the specific card purchased, though they have said Oudomsine was charged with wire fraud and is expected to appear in court on Thursday.

The charge carries a max sentence of up to 20 years in federal prison, along with a $250,000 fine.

Misuse of COVID Relief Funds

Oudomsine is far from the first person to face charges for fraud related to small business loans issued amid the pandemic. Others who received relief funds have been accused of spending the money on Lamborghinis, nights at strip clubs, and even an alpaca farm, among other purchases.

In fact, the first person to be charged with fraudulently seeking a pandemic relief loan was recently sentenced to 56 months in prison following a nationwide search after the man faked his own death.

According to The Washington Post, a federal watchdog said this month that the SBA overpaid $4.5 billion in grants to self-employed people and that “no system of controls was in place to flag applications with flawed or illogical information.”

On top of that, the SBA inspector general determined earlier this year that the agency rushed to send out billions of dollars in loans through the Paycheck Protection Program (PPP) “at the expense of controls” that could have blocked inappropriate aid.

In a statement on Sunday, the agency said that under the Biden administration, it has worked with Congress and the inspector general to add antifraud measures. Meanwhile, defenders of pandemic relief programs have argued that flagged loans and grants represent only a small fraction of the distributed aid that has been critical to small businesses and their pandemic recovery.

See what others are saying: (NPR)(USA Today)(The Washington Post)

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FDA Authorizes Moderna and J&J COVID Vaccine Boosters, Approves Mix-and-Match Doses

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The approval will allow at-risk Americans who received Pfizer and Moderna vaccines to get any booster six months after their initial series and all Johnson & Johnson recipients 18 and older to do the same two months after their single-shot dose.


New FDA Authorization

The U.S. Food and Drug Administration (FDA) on Wednesday authorized boosters shots of Moderna and Johnson & Johnson COVID-19 vaccines and approved a mix-and-match strategy that will allow people who got one company’s shot to get a booster from a different maker.

The decision paves the way for millions of more at-risk Americans to get extra protection, and not just certain Pfizer recipients as previously approved by the FDA.

Under the authorization, people who received Moderna or Pfizer can get any one of the three booster shots six months after completing their initial series if they are 65 and older, at high risk of severe COVID, or face increased exposure because of their work.

Meanwhile, all J&J recipients 18 and older can get any of the approved vaccines two months after they received the one-shot jab.

Hazy Recommendations, For Now

Notably, the FDA did not recommend a certain combination of vaccines, nor did the agency say whether or not it would be more effective for people to stick with their original vaccine maker for their booster.

The new authorizations draw on a study from the National Institutes of Health (NIH), which found that there are no safety concerns with mixing boosters and that vaccine combinations were at least as effective in stimulating antibodies as matched vaccines.

In the case of J&J recipients, the NIH found that people actually had a higher boost from mixing either Moderna or Pfizer boosters.

However, some of the scientists who worked on the study said it should not be used to recommend one combination over another because the research was limited.

The Centers for Disease Control and Prevention (CDC), which determines vaccine recommendations, could issue more guidance on when and whether people should switch vaccine makers for their booster shots.

An advisory panel for the agency is meeting Thursday to discuss the new FDA authorizations and recommendations.

Once the panel makes its decision, the CDC director has the final say on the guidelines. If the agency agrees with the FDA’s decisions, the booster shots could be rolled out as soon as this weekend.

See what others are saying: (The New York Times) (NPR) (The Washington Post)

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