From: Douglas Grandt answerthecall@icloud.

com
Subject:Please opine as a Corporate Citizen
Date:March 6, 2017 at 4:09 PM
To:Darren W. Woods Darren.W.Woods@ExxonMobil.com, Suzanne M. McCarron Suzanne.M.McCarron@ExxonMobil.com,
Max Schulz max.schulz@exxonmobil.com
Cc: William (Bill) M. Colton William.M.Colton@ExxonMobil.com

Dear Darren, Suzanne and Max,

As a premier global company and self-proclaimed Corporate Citizen who takes pride in
promoting your engagement with under-privileged and poverty-stricken populations
around the globe, please respond to todays shocking report. (Bit.ly/ICN6Mar17)

What has been revealed is an abominable lack of respect and due process for your
financial benefit. You should be appalled at the irresponsible and immoral actions of the
people involved. This is the most abhorrent section on which its best you opine:

"They've gerrymandered the things they are comparing in the analysis to reach an
absurd result, which is that the selection of the Oahe crossing instead of the
Bismarck route doesn't have environmental justice implications," according to Jan
Hasselman, an attorney with the environmental law firm Earthjustice. The
organization is suing the Army Corps and Dakota Access on behalf of the Standing
Rock tribe.
"It seems that the analysis and methodology that was set up was designed
intentionally to somehow minimize and mask the impacts of this project on the
Standing Rock community," said Robert Bullard, dean of Texas Southern
University's School of Public Affairs who is known as the "father of environmental
justice."
The memo is dated April 12, 2016, less than one month after the Environmental
Protection Agency and other federal agencies raised serious environmental
justice and other objections to the Standing Rock route. Under the National
Environmental Policy Act (NEPA), agencies must consider environmental justice
implications of major infrastructure projects.
"I have not seen anything like this," said JoAnn Chase, director of the EPA's
American Indian Environmental Office under President Obama, referring to the
Army Corps' use of a confidential analysis. "This seems to run counter to
everything that I believe is part of an informed process."
The Interior Department's top lawyer, solicitor Hilary Tompkins, issued a legal
opinion in early December opposing the use of the memo in the analysis.
"The United States cannot fulfill its trust responsibility if it makes decisions with
such potentially significant impacts on tribal treaty rights based on confidential,
adversarial analysis that the opposing tribe cannot independently review,"
Tompkins wrote.
As you know, ExxonMobils reputation is pathetic, such that normally civil people of
conscience are very angrysome to the point of resorting to extreme violenceand it
would be in your best interest to begin to acknowledge the injustices of your industry.

Doug Grandt
 Confidential Dakota Pipeline Memo: Standing Rock Not a
Disadvantaged Community Impacted by Pipeline

Pipeline builder claimed that mostly white Bismarck

communities along its original route would have more
minorities impacted than one near tribe's reservation.

BY PHIL MCKENNA | MARCH 6, 2017 | Bit.ly/ICN6Mar17

As the Standing Rock Sioux tribe was mounting opposition to the Dakota Access
pipeline last spring, the pipeline company told federal officials that its final route skirting
the reservation would not impact any minority or impoverished community.
A confidential environmental justice analysis comparing the original proposed route
north of Bismarck and the final one upstream of the Standing Rock reservation was sent
by Dakota Access LLC employees to senior officials at the U.S. Army Corps of
Engineers. Its counterintuitive findings appear to have been largely incorporated into the
Corps' final environmental assessment of the Standing Rock route last July, but
weren't given to the tribe or made public.
The 11-page memo, made available through court records, concludes that the pipeline's
original path near Bismarck would have "more direct and more disproportionate" impacts
to minorities. Those communities surrounding Bismarck are 96 percent white and only 2
percent of residents live below the poverty line.
Standing Rock by contrast ranks as one of the nation's poorest communities. The project
will run just over a half-mile upstream of the reservation under Lake Oahe, a Missouri
River reservoir used by the tribe for drinking water, irrigation and fish. Three-quarters of
its population is Native American and 40 percent of its 8,200 people live in poverty.
The "route does not disproportionately affect low-income or impoverished populations,"
the memo said.
The document gets at the heart of the issues in ongoing lawsuits and demonstrations
against the Dakota Access pipeline, which opponents believe was unjustly sited near the
reservation.
"They've gerrymandered the things they are comparing in the analysis to reach an absurd
result, which is that the selection of the Oahe crossing instead of the Bismarck route
doesn't have environmental justice implications," according to Jan Hasselman, an
attorney with the environmental law firm Earthjustice. The organization is suing the Army
Corps and Dakota Access on behalf of the Standing Rock tribe.
The main complaint is that the company excluded the reservation from the analysis as a
result of how it chose census tract data.
"It seems that the analysis and methodology that was set up was designed intentionally
to somehow minimize and mask the impacts of this project on the Standing Rock
community," said Robert Bullard, dean of Texas Southern University's School of Public
Affairs who is known as the "father of environmental justice."
The memo is dated April 12, 2016, less than one month after the Environmental
Protection Agency and other federal agencies raised serious environmental justice
and other objections to the Standing Rock route. Under the National Environmental
Policy Act (NEPA), agencies must consider environmental justice implications of major
infrastructure projects.
"I have not seen anything like this," said JoAnn Chase, director of the EPA's American
Indian Environmental Office under President Obama, referring to the Army Corps' use of
a confidential analysis. "This seems to run counter to everything that I believe is part of
an informed process."
The Interior Department's top lawyer, solicitor Hilary Tompkins, issued a legal opinion in
early December opposing the use of the memo in the analysis.
"The United States cannot fulfill its trust responsibility if it makes decisions with such
potentially significant impacts on tribal treaty rights based on confidential, adversarial
analysis that the opposing tribe cannot independently review," Tompkins wrote.
The Trump administration suspended that opinion in February as it prepared to
approve the pipeline and halt additional review.
Dakota Access LLC and the Army Corps declined to comment.

Geography as Destiny
While there is no universal methodology for carrying out demographic analyses for
infrastructure projects, the company's approach is controversial. It considered census
tract data within a half-mile radius of where the pipeline's boreholes are being drilled to
cross the Missouri River.
When applying that distance to the Lake Oahe route, two census tracts fell into
consideration. The Standing Rock reservation was not one of them because it falls just
outside that half-mile circle, but it's just another 80 yards, or 0.05 miles, further from the
construction. The "impacted" two tracts, largely upstream of the project, are almost
entirely white and more affluent than people living on the reservation. The EPA had
warned that a spill could especially affect water supplies of Standing Rock and
other communities downstream, and that the environmental justice analysis should reflect
other communities downstream, and that the environmental justice analysis should reflect
that.
"They put [the pipeline] 0.55 miles upstream of one of the poorest communities in
America that is overwhelmingly Native American and then say there is nothing within 0.5
miles that we need to worry about," Hasselman said.

Bullard said there was no justification for using the half-mile radius for the Lake Oahe
crossing.
"There is nothing to say that this is standard procedure and is acceptable in the literature,
methodology and design," he said. "And even if it were the case, common sense would
say look 80 yards down the road, there is a community that would be your prototype
environmental justice community, a reservation."
In its analysis of the original pipeline route, which would have been constructed under the
Missouri River 10 miles north of Bismarck, the pipeline company considered data from
census tracts that pass through the construction site and extend 10 miles or more
downstream to communities surrounding the city of Bismarck.
Dakota Access has said it rejected the Bismarck route for a number of factors, including
more road and wetland crossings, a longer pipeline, higher costs and close proximity to
wellheads providing Bismarck's drinking water supply. The environmental justice finding
reinforced its conclusion, the memo said.
The Army Corps' final environmental assessment from July (which was the project's
approval) does not cite the memo but only a prior case in which a half-mile radius was
used to analyze a liquified natural gas project. Attorneys for the tribe have said that in
comparison the environmental justice assessment of the Keystone XL pipeline used a
distance of 14 miles downstream from where it crossed waterways.
The Council on Environmental Quality, a federal agency that offers guidance to other
agencies on environmental analyses, states, "the selection of the appropriate unit of
geographic analysis may be a governing body's jurisdiction, neighborhood, census tract
or other similar unit that is to be chosen so as to not artificially dilute or inflate the affected
minority population." It calls for special consideration to be given to Native American
tribes.

A Not-So-Public Analysis
Chase, formerly of the EPA's American Indian Environmental Office, said she has seen a
number of controversial environmental justice assessments, but the underlying
documents were public and the assessment's conclusions always subject to public
comment. That way, outside experts, including those from other federal agencies and
affected communities, could weigh in to help shape the final analysis, she said.
Chase, who had not seen the confidential assessment prior to her resignation from the
EPA on Jan. 20, said it raises questions about the permitting process.
"Did the Army Corps rely on this?" she asked.

(Refer to Standing Rock Reservation Demographics" infographic below)

Hasselman told ICN the tribe didn't receive a copy of the document until November, when
it was entered into the administrative record by the Army Corps in the tribe's lawsuit
against the agency and the pipeline company.
According to the memo, the company said its analysis was not intended to be included
with the environmental assessment, a public document, but should instead be considered
"supplemental information" that could be referenced as a "confidential addendum." It said
it should be confidential because information it contained, including water intake locations
and plume travel times, are not information that is made public.
In the final weeks of President Obama's tenure, the administration halted construction
of the crossing beneath Lake Oahe to carry out a more rigorous environmental review,
including considering an alternative route away from Standing Rock. President Trump's
Army Corps approved the final easement on Feb. 7, however, ending that review.
Construction is running ahead of schedule.
The pipeline, which will pump crude oil 1,200 miles from North Dakota to Illinois, could
The pipeline, which will pump crude oil 1,200 miles from North Dakota to Illinois, could
begin operations as early as this month.
Standing Rock and other Native American opponents continue to try to block the project's
completion. There are four ongoing lawsuits including one by landowners in Iowa, all
seen as longshots.
Hasselman said the memo could play a role in the legal battle against the Army Corps.
He has already used it to argue that the Army Corps failed to give proper
consideration to environmental justice in its favorable assessment from July.
"The memo reveals how thin the support is," Hasselman said. "This is the kind of thing
that should have been subject to the light of day so other agencies, the public, and the
Tribe could have seen it and commented on it. Instead, the whole thing took place
behind a curtain."
.
https://insideclimatenews.org/news/06032017/dakota-access-pipeline-
protests-dapl-standing-rock-environmental-assessment-trump

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(Refer to Standing Rock Reservation Demographics" infographic below)
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