Zack Thorn en Lawyers and Attorneys, Communications and journalism, beBee in English WordSmith • ToolNet.US 16/11/2016 · 5 min de lectura · +700

I can't march but maybe I can help.

I can't march but maybe I can help.

In view of ETP’s recent efforts to circumvent the rule of law by petitioning the presiding judge to disregard President Obama’s presidential decree, I think it is high time we exercise our rights within the legal system to defeat their maneuvering.

Americas legal system is termed “Adversarial” with good reason. Two parties with opposing views and goals. Making every argument a Us against Them contest. In any contest it is best to know your opponent, their strengths and weaknesses. So I’ve done some research on the entity behind the DAPL to see who they are and to measure their real strength.

What I’ve found should come as no surprise in view of todays financial climate. ETP/Sunoco is literally living on borrowed time and money. What few real assets are leveraged to the hilt and they are surviving on a small percentage of their cash flow. This is why they are so desperate to complete the DAPL and get that revenue stream flowing. It also makes ETP vulnerable to everything that drives up their cost of doing business. At the moment the cash register is running backwards by virtue of construction delay alone. But they are a very determined group of investors who are used to long battles of a slow bleed of capitol.

Now is the time to bring in the big hurdles they fear the most. Laws and regulations that drive up the cost of doing business to unbearable levels. As it turns out, the groundwork has already been done, the wheels are in motion. The engines pulling our trains? NGPSA and HLPSA, as amended by the PSI Act, the PIPES Act and the 2011 Pipeline Safety Act

But there are a few defects to be reconciled for these Acts to be effective. Namely the penalties to be imposed upon default are ridiculously small, especially in view of the certain environmental impact.

“The 2011 Pipeline Safety Act also increases the maximum penalty for violation of pipeline safety regulations from $100,000 to $200,000 per violation per day and from $1.0 million to $2.0 million for a related series of violations.”

My friends and fellow countrymen, these amounts do not even qualify as a slap on the wrist, much less a deterrent. Fortunately there is current legislation in the works as we speak.

Moreover, new pipeline safety legislation that would reauthorize the federal pipeline safety programs of PHMSA through 2019 is expected to