FYI.

This story is over 5 years old.

Tech

Can Trump Even Build the DAPL During a Hiring Freeze?

You played yourself, dude.

Update, Jan. 26: A spokesperson for the Army Corps of Engineers confirmed to Motherboard that the agency has been affected by President Trump's federal hiring freeze. We've also inquired as to whether the Corps' ongoing environmental impact study for the Dakota Access pipeline will be delayed or impacted.

"As of noon on 22 January, all hiring actions have been temporarily halted pending further guidance from the Department of Defense. Within the DoD, the hiring freeze includes the Office of Secretary of Defense, all Defense agencies and DoD field agencies, to include the U.S. Army Corps of Engineers," the spokesperson added.

Advertisement

The Dakota Access Pipeline has a more certain future now that President Trump has signed an executive order to fast-track its construction. The order all but commands the remaining portion of the pipeline to be built, and requires the Secretary of the Army to consider bypassing environmental precautions before tunneling under Lake Oahe in North Dakota.

But Trump's demand seems to underestimate the role that federal employees and contractors will play in its construction. The President's federal hiring freeze has affected the Environmental Protection Agency (EPA), which has yet to review the project's environmental impact statement—a rigorous investigation of how the pipeline could harm land, water, wildlife, and humans.

The freeze might also restrict the Army Corps of Engineers, the Department of Defense agency in charge of issuing permits for the pipeline, from hiring new staff to expedite the project. It's still unclear whether Trump's exemption for military personnel applies here.

A spokesperson for the Corps' St. Paul, Minnesota, office, which is not affiliated with the Dakota Access Pipeline, told Motherboard yesterday that no internal guidance had been provided regarding the freeze.

Image: Flickr/Monica D. Spencer

All government offices, except for military, are forbidden from creating new positions, including ones for outside contractors. In 2012, federal agencies spent more than $500 billion on contracted projects, a Congressional Budget Office report found.

Advertisement

Trump, through the executive order, claimed the pipeline's construction serves "the national interest," even though it would only create 40 permanent jobs, according to its developer, Dakota Access LLC. An analysis of the project's economic impact by High Country News also discovered the pipeline "is not likely to result in increased production of North Dakota Crude." Furthermore, it's half a million barrels per day quota will hardly decrease America's reliance on 5.2 billion barrels of imported oil each day.

He's instructed the Corps to fast-track approvals, including easements for crossing federal lands. To do this, Trump has nudged the Secretary of the Army to consider "whether to withdraw the Notice of Intent to Prepare an Environmental Impact Statement" for the project. This means the pipeline could be finished without having passed a routine assessment of its potential environmental damages.

"A central plank of Trump's energy plan is expanding energy from federal lands. But agencies that manage these lands are shrinking even as workloads expand. There hasn't been a lower level of staff in 20 years," Jeff Ruch, executive director of Public Employees for Environmental Responsibility, said.

Image: Flickr/Joe Brusky

Last year, the Corps published its first environmental impact statement, but members of the Standing Rock Sioux tribe said it didn't properly address contamination to drinking water or threats to sacred cultural sites. In December, after protests drew thousands of people from across the world, the Corps rejected an easement for the project. A second environmental impact statement was opened in January to identify new routes for the pipeline.

Advertisement

What happens now is anybody's guess. Although the Corps has already commenced work on its second environmental analysis, it's the EPA's job to review the findings and make a recommendation. But with a cap on current staff and presidential orders to fast-track the pipeline, there's ample room for error, and mandatory steps like a public commenting period—the only opportunity for citizens to shape the outcome of the project—may become jeopardized.

Any attempts by the private sector to assist the Corps in its second assessment "could make environmental work vulnerable to legal challenges, and waste lots of time," Ruch added.

Since Trump also placed the EPA under a gag order, banning employees from sharing information on social media or with reporters, many fear that transparency around the project will be even more limited.

Previously, Trump owned between $15,000 and $50,000 worth of stock in Energy Transfer Partners, which owns Dakota Access Pipeline. A spokesperson for the president claimed he recently sold his stake in the company.

Energy Transfer Partners CEO, Kelcy Warren, donated more than $100,000 to Trump's campaign last year. He also gave an additional $100,000 to the Trump Victory Fund, and $66,800 to the Republican National Committee since Trump was elected.