The U.S. Army Corps of Engineers, the federal agency overseeing the permit approval process, has said it expects to complete the review later this year. Whether the project should be shut down was not at issue in Energy Transfer's Supreme Court appeal. [1/2]The U.S. Supreme Court stands in Washington, U.S., February 6, 2022. WASHINGTON, Feb 22 (Reuters) - The U.S. Supreme Court on Tuesday rejected a bid led by Dakota Access oil pipeline operator Energy Transfer LP (ET.N) to avoid additional environmental review of a section that runs under an artificial lake and is opposed by nearby Native American tribes, leaving the pipeline vulnerable to being shut down. was the Dakota Access Pipeline ever finished, 2,000 major accidents have taken place involving pipelines since 1995. +0.28 +0.29%. [14] They also expressed concerns about potential leaks in the pipeline caused by destabilization in certain areas prone to flooding, which could cause an environmental disaster,[116] as well as the spread of invasive weeds into surrounding land. We call on the administration to close the pipeline until a full safety and environmental review is complete. The approval came after 18 public information meetings, pre-filled testimony, thousands of public comments, and 12 days of public hearings. [94] In March 2017, ING sold its stake in the loan, while retaining a potential risk in case of non-payment under the loan. The tribe challenged the permits and won. [73] By 2021, the pipeline had the ability to transport 750,000 barrels of oil per day[74] and was accounting for 40 percent of oil produced in the Bakken region. In September 2016, the Standing Rock Sioux Tribe filed an appeal which was denied a month later. consideration tribal concerns or expert analysis. [86] As of July 2014[update], Bakken shale oil was transported through nine Iowa counties exclusively via three freight trains per week. A federal judge today ordered the controversial Dakota Access Pipeline to be shut down and drained within 30 days. In 2019, North Dakota led the nation in the production of all dry edible beans, canola, durum wheat, and spring wheat. In late May 2016, the permit was temporarily revoked in three counties of Iowa, where the pipeline would cross the Big Sioux River and the Big Sioux Wildlife Management Area; these are historic and cultural sites of the Upper Sioux tribe, including graves in Lyon County. See here for a complete list of exchanges and delays. [33] In December 2016, the approval was disputed in the Polk County District Court. [150] The senior Democrat on the Public Resources Committee, Raul Grijalva, called this appearance of conflict of interest "disturbing". Two other fires involving pipeline construction equipment were set around the same time in the same county and another was set in Mahaska County. Over 2,000 major accidents have taken place involving pipelines since 1995, according to Business Insider, and they've been responsible for about $3 billion in property damage. "Given the seriousness of the Corps' Nepa (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's ruling concluded. Reuters, the news and media division of Thomson Reuters, is the worlds largest multimedia news provider, reaching billions of people worldwide every day. [142][145][146][147] On September 21, 2016, 1,281anthropologists, archaeologists, museum officials, and others signed and released a letter in support of the tribal community, calling for further study of the area to be affected by the pipeline in South Dakota. [139] The NHPA requires consideration of archaeological sites and traditional cultural properties. DAPL began operating in June 2017, transporting ap . The numbers to know about the Standing Rock protests", "There's a reason few even knew the Dakota Access pipeline was being built", "The Conflicts Along 1,172 Miles of the Dakota Access Pipeline", "Pipeline route plan first called for crossing north of Bismarck", "Why a Previously Proposed Route for the Dakota Access Pipeline Was Rejected", "If Dakota Access pipeline were to move, where? If shippers divert oil shipments onto railcars, it will create transport bottlenecks in the region, especially in North Dakota, which relies on rail to transport over 70% of its agricultural production, economists and industry sources said. [127] In September 2014, Standing Rock Chairman Dave Archambault II indicated the tribe's opposition to any pipeline within treaty boundaries encompassing "North Dakota, Montana, Wyoming and South Dakota. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. "[49] Energy Transfer Partners responded by criticizing the Obama administration for "political interference" and said that "further delay in the consideration of this case would add millions of dollars more each month in costs which cannot be recovered." [75], A United States District Judge James E. Boasberg, appointed by President Barack Obama, ruled in March 2020 that the government had not studied the pipeline's "effects on the quality of the human environment" enough, ordering the United States Army Corps of Engineers to conduct a new environmental impact review. In the Dakota case, the court ruled that there had not been adequate consideration of the "impacts of an oil spill on fishing rights, hunting rights or environmental justice". Our Standards: The Thomson Reuters Trust Principles. [142] One instance of tribal consultation at Lake Oahe pointed out several cultural sites and a cemetery that the USACE were previously unaware of. The $3.8 billion pipeline stretches more than 1,100 miles from North Dakota to Illinois, transporting 570,000 barrels of oil per day. [26] A week later, Dakota Access filed motions with the IUB requesting expedited and confidential treatment to begin construction immediately, saying it met the conditions and that its liability insurance policies were trade secrets under Iowa law and "would serve no public purpose". One deliberately set fire caused nearly $1 million in damage to construction equipment in August in Jasper County, Iowa. A federal judge ruled that the controversial Dakota Access pipeline must be shut down and drained of oil until a full environmental review of the project is completed. Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. [79] In 2021, the U.S. Court of Appeals for the D.C. The process is expected to take 13 months, according to the Financial Times. [22], The Iowa Utilities Board approved the pipeline on March 10, 2016, on a vote of 3 to 0, being the last of four states utility regulators granting its approval. The legal battle dates back to 2016 when the Obama administration denied permits for the pipeline to cross the Missouri river and ordered a full EIS to analyze alternative routes and the impact on the tribes treaty rights. [82], In Illinois, the 177-mile (285km) route traverses 12counties.[82]. [21] In April 2015, Iowa Senate Study Bill 1276 and House Study Bill 249 advanced with both Senator Robert Hogg, D-Cedar Rapids, and State Representative Bobby Kaufmann, R-Wilton, in support; it required Dakota Access "to obtain voluntary easements from 75% of property owners along the route before eminent domain could be authorized". Nine arrests were made after some demonstrators failed to leave the camp before the deadline. On July 6, 2020, a federal district judge ordered the Dakota Access Pipeline to shut down. Offers may be subject to change without notice. "[133], On September 20, 2016, Dave Archambault II addressed the UN Human Rights Council in Geneva, Switzerland, where he called "upon all parties to stop the construction of the Dakota Access Pipeline." It transports 500,000 barrels of crude oil from North Dakota's Bakken fields daily, and although the project supposedly uses thick piping, especially in "sensitive" places (including the Missouri River-Lake Oahe crossing), locals were understandably unhappy about it being anywhere near drinking water, and have been protesting the matter ever since. Proponents have argued that the pipeline will free up railroads, which will allow farmers to ship more Midwest grain. The Dakota decision comes just days after the cancellation of the Atlantic Coast gas pipeline project, due to run between West Virginia, Virginia and North Carolina. [147] The tribe insists that evidence was destroyed by the construction company, as grading had gone on in the area previously. Vaccine maker Moderna Inc said on Wednesday it had signed a memorandum of understanding and a land collaboration agreement to work towards opportunities for it to research, develop and manufacture mRNA medicines in China. The 570,000-barrel-per-day (bpd) Dakota Access pipeline, or DAPL, is the largest oil pipeline out of the Bakken shale basin and has been locked in a legal battle with Native American tribes over whether the line can stay open after a judge scrapped a key environmental permit last year. The justices left in place a lower court's decision that ordered the federal government to undertake a more intensive environmental study of the pipeline's route underneath Lake Oahe, which straddles the border of North Dakota and South Dakota. Jim Watson/AFP/Getty Images UPDATE: Energy Transfer. [105] The change of the route put the pipeline into the existing pipeline corridor parallel to the already existing Northern Border Pipeline, a natural gas pipeline built in 1982. [142] A traditional cultural property is a property whose "significance derived from the role the property plays in a community's historically rooted beliefs, customs, and practices. 190 likes, 3 comments - Water Protector Legal (@waterprotectorlegal) on Instagram: "The Dakota Access Pipeline will be shut down next month while the Army Corps of Engineers complet." Water Protector Legal on Instagram: "The Dakota Access Pipeline will be shut down next month while the Army Corps of Engineers completes an Environmental Impact Study (EIS) which could take up to 13 months. He says the government needs to do a more intense environmental impact. The Biden administration will not shut down the controversial Dakota Access Pipeline while an environmental review is conducted, a blow to the environmental and tribal groups that have rallied . In March 2020, federal judge James Boasberg, an Obama appointee, said the environmental analysis by both the companies behind the pipeline and the corps was severely lacking. [85], The developer argued that the pipeline improves the overall safety to the public, would help the US to attain energy independence, and is a more reliable and safer method of transport to refineries than rail or road. [53][54][55] The Assistant Secretary of the Army (Civil Works), Jo-Ellen Darcy said that "the best way to complete that work responsibly and expeditiously is to explore alternate routes for the pipeline crossing". Green Matters is a registered trademark. The 30-inch (760mm) diameter pipeline is at least 48 inches (1.2m) underground from the top of the pipe or 2 feet (0.61m) below any drain tiles. [23] Conditions of the approval included liability insurance of at least $25 million; guarantees that the parent companies of Dakota Access will pay for damages created by a pipeline leak or spill; a revised agricultural impact mitigation plan; a timeline for construction notices; modified condemnation easement forms; and a statement accepting the terms and condition's of the board's order. A U.S. court could order the Dakota Access Pipeline (DAPL) shut in coming weeks, disrupting deliveries of crude oil, and making nearby rail traffic more congested. [82], In the early stages of route planning, it was proposed laying the pipeline 10 miles (16km) northeast of Bismarck, North Dakota. [148][149], According to the North Dakota State Historic Preservation Office, the areas highlighted by Tim Mentz were evaluated by state officials on both September 21 and October 20, 2016. [112] The USACE has conducted a limited review of the route, involving an environmental assessment of river crossings and portions of the project related to specific permits, and issued a finding of no significant impact. Indigenous leaders and climate campaigners blasted Biden's refusal to shut down the Dakota Access pipeline during a court-ordered environmental review, which critics framed as a betrayal of his campaign promises to improve tribal relations and transition the country to clean energy. Needless to say, the ongoing protests have been more than warranted. Prior to the Dakota Access Pipeline, light sweet crude oil from the Bakken Formation was transported mainly by rail during the North Dakota oil boom. "I would be surprised that, if DAPL was shut down, that the railroads were not capable of handling that added business," Wilson said. Together with the Energy Transfer Crude Oil Pipeline from Patoka to Nederland, Texas, it forms the Bakken system. [87] As of June 2014, 32 trains per week carrying Bakken oil traveled through Jo Daviess County in northwestern Illinois. The $1.35billion capital investment in Iowa was projected to generate $33 million sales tax in Iowa during construction and $30 million property tax in 2017. This is a major victory for local tribes, but they are now putting pressure on Biden to cancel the pipeline altogether, just as he did for the Keystone XL pipeline. [142] They found that only four stone features would be directly impacted by the pipeline. The Dakota Access Pipeline may continue to pump crude oil through South Dakota after a federal appellate court on Tuesday temporarily blocked a shutdown ordered by a lower court that was. The most comprehensive solution to manage all your complex and ever-expanding tax and compliance needs. Spokeswoman Lisa Coleman told news agency AFP they believed "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". [159] At that time, construction workers bulldozed a section of land that tribal historic preservation officers had documented as a historic, sacred site, and when protesters entered the area security workers used attack dogs, which bit at least five of the protesters. Boasberg ordered a more detailed "environmental impact statement," which was the decision the pipeline operator was challenging. North Dakota Senator John Hoeven said in a statement that the delay "will only prolong the disruption in the region caused by protests and make life difficult for everyone who lives and works in the area. The ruling is a huge victory for North Dakota tribes including the Standing Rock Sioux Tribe which rallied support from across the world and sued the US government in a campaign to stop the environmentally risky pipeline being built on tribal lands. The highly controversial fracking project has been contested by the Sioux tribe since it was announced in 2014. The Dakota Access pipeline has been the subject of a lengthy court battle between tribes seeking its closure and Dallas-based Energy Transfer. "[135] According to the USACE's data there had been 389meetings with more than 55tribes, including nine meetings with The Standing Rock Sioux Tribe. [7] It crosses 50 counties in four states,[99] and is built on private land with portions crossing waters of the United States and flood control areas managed by the United States Army Corps of Engineers. The Dakota Access Pipeline (DAPL) or Bakken pipeline is a 1,172-mile-long . Washington-based reporter covering legal affairs with a focus on the U.S. Supreme Court, a Pulitzer Prize winner for team project on how the defense of qualified immunity protects police officers accused of excessive force. [91], Due to pressure resulting from the Dakota Access Pipeline protests, some banks decided to pull funding in the project. [84], Capacity expansion construction was undertaken by Energy Transfer Partners in 2021, which increased the line's capacity from 570,000 bpd to its current nameplate of 750,000. [142][145] That weekend this area was bulldozed. [86], In August 2016, Dakota Access, LLC stated that it had already executed easement agreements with 99% of the landowners whose properties were along the four-state route and, with regards to the landowners along the pipeline's route in Iowa, 99% had entered voluntary easements. MarEn Bakken Company LLC is an entity owned by MPLX LP (an affiliate of Marathon Petroleum) and Enbridge Energy Partners L.P.[89], Bakken Holdings Company and Phillips 66 also co-own another part of the Bakken system, the Energy Transfer Crude Oil Pipeline which runs from Patoka to storage terminals in Nederland, Texas. Here's what you need to know about the highly controversial project that affects both the environment and Indigenous people living in the vicinity. [142] However, many are still concerned about the cumulative effect the project may have on sites that lie outside the 150ft corridor. The order is a major win for the Standing Rock Sioux Tribe, which has led the fight against the pipeline. The Standing Rock Sioux Tribe uses Lake Oahe for drinking water, and although the Obama Administration was tentative to get the pipeline going, the Trump administration approved it without a full Environmental Impact Statement (EIS) regarding the Missouri River crossing. The Dakota Access pipeline must shut down by Aug. 5, a district court ruled Monday in a stunning defeat for the Trump administration and the oil industry. But was the Dakota Access Pipeline ever finished? [90] The loans were provided by a group of 17 banks, including Citibank, Wells Fargo, BNP Paribas, SunTrust, Royal Bank of Scotland, Bank of Tokyo-Mitsubishi, Mizuho Bank, TD Securities, ABN AMRO Capital, ING Bank, DNB ASA, ICBC, SMBC Nikko Securities and Socit Gnrale. Indigenous communities rely on the lake, which they consider sacred, for drinking water and food. [37][38][39][132] This claim was rejected by the court. "[24][25] The IUB stated that with the conditions, the pipeline would promote public convenience and necessity. This alternative was determined not to be a viable alternative because of multiple factors, including that it was not co-located with other infrastructure, the route's impacts to wellhead water resources, constraints on the route from the North Dakota Public Service Commission's 500-foot residential buffer requirement and the route's additional impacts to areas identified as High Consequence areas under Pipeline and Hazardous Materials Safety Administration regulations. The other major railroad serving the region, Canadian Pacific Railway Ltd (CP.TO), is committed to delivering for customers across all businesses, said spokesman Andy Cummings. [43], In September 2016 the U.S Department of Justice received more than 33,000petitions to review all permits and order a full review of the project's environmental effects. July 6, 2020 The Dakota Access Pipeline, an oil route from North Dakota to Illinois that has inspired intense protests and legal battles, must shut down pending an environmental review and. The temporary shutdown order was overturned by a U.S. appeals court on August 5, . All quotes delayed a minimum of 15 minutes. [82], In Iowa, the pipeline extends about 347 miles (558km) diagonally through 18Iowa counties: Lyon, Sioux, O'Brien, Cherokee, Buena Vista Sac, Calhoun, Webster, Boone, Story (which will have a pumping station), Polk, Jasper, Mahaska Keokuk, Wapello, Jefferson, Van Buren, and Lee. VideoSee inside Jenin refugee camp after Israeli operation, Anxiety and anger over Fukushima nuclear waste plan, Fifty bodies unclaimed weeks after India rail crash, Palestinians fear escalation after Jenin assault, Cuba turns to old ally Russia to tackle fuel crisis, 'For the politicians of France, we are nothing', The battalion of black women erased from history, 'Dozens of Indian men have rejected me over dowry'. [103][105] This decision was described by Jesse Jackson as environmental racism. The Standing Rock Sioux fears the pipeline will pollute their water and lands. The Standing Rock Sioux Tribe, along with the Yankton Sioux Tribe, the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe, have opposed the biggest pipeline out of the Bakken shale basin. "[47], On November 1, 2016, President Obama announced his administration was monitoring the situation and had been in contact with the USACE to examine the possibility of rerouting the pipeline to avoid sacred lands. In his first week in office, Donald Trump signed an executive order to expedite construction. The litigation concerning the pipeline is over, but the fight continues, said attorney Jan Hasselman from EarthJustice, the legal non-profit that represents the Standing Rock Sioux Tribe in the case. Railroads have improved load capacity over the last decade in response to past constraints, said Bill Wilson, professor at North Dakota State University and a member of the North Dakota Soybean Council. In summer 2020, it was announced that the Dakota Access Pipeline would temporarily shut down, and now, local tribes are pressuring Biden to cancel it permanently. Dakota Access owners, Transfer Energy, now face the horrendously expensive prospect of shutting down their oil pipeline for over a year while the Army Corp of Engineers undertake a far more comprehensive assessment of the environmental impacts. [157] In July, ReZpect Our Water, a group of Native American youth, ran from Standing Rock in North Dakota to Washington, DC to raise awareness of what they perceive as a threat to their people's drinking water and that of everyone who relies on the Missouri and Mississippi rivers for drinking water and irrigation. It is planned to be "as deep as 90 feet (27.4m)" below the riverbed. This included DNB ASA Financial services group. "Especially after the Keystone XL decision, the pressure is increasing for the Biden administration to take action here," saiid Jan Hasselman, an Earthjustice attorney who represents the Standing Rock Sioux, as per EcoWatch. [41][42] The deal was completed in February 2017 after the final easement was granted. "Today is a historic day for the Standing Rock Sioux Tribe. Separately, the Supreme Court blocked another controversial oil pipeline from continuing construction. Complaint for Declaratory and Injunctive Relief", "Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers. ", "ND PSC says Dakota Access Pipeline will not come into physical contact with Missouri River", Environmental assessment: Dakota Access Pipeline Project, crossings of flowage easements and federal lands, "Bakken pipeline would cross northeastern South Dakota to get to Illinois", "Dakota Access pipeline attracts protests as work nears finish line", "Iowa board to receive public comment on proposed oil pipeline", "Live updates from Dakota Access Pipeline protests: 'It will be a battle here', "Court Sends Dakota Pipeline Back To The Environmental Drawing Board", "Court sides with tribes in Dakota Access Pipeline case, ordering full environmental review", "Pipeline meeting to take place next month in Boone", "Dakota Access Pipeline Project U.S. The Dakota Access Pipeline, or DAPL as it's known, runs for more than 1,100 miles from North Dakota to Illinois and has been operating since June 2017. [76] In July 2020, Judge Boasberg ordered the pipeline to be shut down and emptied of oil pending a new environmental review. As a result, the lower courts decision remains intact and the army corps must complete a review of the pipelines route underneath Lake Oahe, which straddles the border of North Dakota and South Dakota, that complies with Nepa. [128] Dakota Access stated the route was chosen based on it running alongside existing infrastructure including railways and other pipelines. [107][108], In South Dakota, the pipeline travels 274 miles (441km) through 12counties: Campbell, McPherson, Edmunds, Faulk and Spink. CNN A federal judge on Friday allowed the controversial Dakota Access Pipeline to continue operating, concluding he did not have the authority to side with a tribal request to shut it. [120][123] Sioux tribes expressed concern over leaks because the pipeline passes under Lake Oahe, which serves as a major source of water. [117], In 2014, conservation groups raised concerns about safety, and the impacts on air, water, wildlife and farming, because of the risk of the pipeline disruption. See here for a complete list of exchanges and delays. [151], Energy Transfer Partners CEO Kelcy Warren contributed $6 million to the Rick Perry 2016 presidential campaign,[152] as well as $103,000 to the Donald Trump 2016 presidential campaign. [118] Groups such as Greenpeace, the Science & Environmental Health Network,[119] and in 2016 a group of more than 160scientists spoke out against the pipeline. [92][93] In February 2017, Seattle, Washington's city council unanimously voted not to renew its contract with Wells Fargo "in a move that cites the bank's role as a lender to the Dakota Access Pipeline project as well as its "creation of millions of bogus accounts" and saying the bidding process for its next banking partner will involve "social responsibility." BISMARCK, N.D. (KFYR) - A decision on whether the Dakota Access Pipeline would be shut down was supposed to take place on Feb. 10, but the deadline has been extended. [28] Construction of the pipeline was also estimated to create 42,000 jobs with a total of $2billion in wages. Video, See inside Jenin refugee camp after Israeli operation, Fighting the "black snake" at Standing Rock, expected to take 13 months, according to the Financial Times, Disney star and pop singer Coco Lee dies at 48, Actor released from prison in sex-trafficking case, Just Stop Oil protests interrupt Wimbledon twice, Ten sent to jail in India for lynching Muslim man, Adele issues warning to fans throwing objects, Kevin Spacey grabbed man like a cobra, court hears, Iran faces legal action over downing of Ukraine jet, Belarus jails son of imprisoned Lukashenko rival, US judge faces investigation over TikTok videos. [142][144] Jon Eagle, a Historic Preservation Officer for the tribe, was invited to participate in the evaluation on Sept. 23, but was not allowed access to the areas of the corridor on private property. [35][36], On July 27, 2016, the Standing Rock Sioux Tribe sued the USACE in the United States District Court for the District of Columbia. A New-York-based correspondent covering the U.S. crude market and member of the energy team since 2018 covering the oil and fuel markets as well as federal policy around renewable fuels. [69] Construction of the pipeline was completed in April 2017. It's been a bad week for fossil fuel pipelines in the US. The U.S. shale boom created more demand for rail transport of crude in North Dakota, the second-biggest oil producing state in the country. The Army Corps of Engineers . The US supreme court has rejected a case by the Dakota Access oil pipeline operator to avoid a legally mandated environmental review, in a major victory for tribes and environmentalists. [142][143] The Advisory Council on Historic Preservation, which oversees compliance with the NHPA, raised two primary concerns to the USACE about the surveys. [9][10], In September 2014, Dakota Access held an initial informational meeting with the Standing Rock Sioux Tribal Council. But Energy Transfer said in court papers that the pipeline remains "vulnerable to a shutdown" with the new environmental review pending. REUTERS/Joshua Roberts. Democratic President Joe Biden's administration urged the Supreme Court not to hear the appeal, saying the pipeline operator concerns about a shutdown were overstated. In a surprise decision Monday, a federal judge ruled that the Dakota Access pipeline which Trump approved within a month of taking office must be shut down by Aug. 5, saying federal . Memorandum in Support of Motion for Preliminary Injunction Expedited Hearing Requested", "Standing Rock Sioux tribe claims small victory in pipeline battle", "Enbridge, Marathon Petroleum buy Bakken pipeline stake for $2-billion", "Enbridge, Marathon Agree to Buy $2 Billion Bakken Pipe Stake", "Bakken pipeline opposition presents petitions to U.S. Justice Department", "Joint Statement from the Department of Justice, the Department of the Army and the Department of the Interior Regarding Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers", "Dakota Access Pipeline: What's Behind the Protests? According to Forbes, the Dakota Access Pipeline construction project was finished and put to use in 2017 thanks to former president Donald Trump. [46] On September 13, 2016, chairman and CEO of Energy Transfer Partners Kelcy Warren said concerns about the pipeline's impact on the water supply were "unfounded", that "multiple archaeological studies conducted with state historic preservation offices found no sacred items along the route" and that the company would meet with officials in Washington "to understand their position and reiterate our commitment to bring the Dakota Access Pipeline into operation. Circuit affirmed the necessity of a full environmental review, and we look forward to showing the U.S. Army Corps of Engineers why this pipeline is too dangerous to operate," Standing Rock Sioux Tribe Chairman Mike Faith said in an Earthjustice press release.
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