Case 1:16-cv-01534-JEB Document 146-1 Filed 03/01/17 Page 1 of 5

Exhibit 1

Standing Rock Sioux Tribe v. United States Army Corps of Engineers,
Case No. 1:16-cv-1534 (JEB)
Corps’ Opposition to Motion for Protective Order

 Case 1:16-cv-01534-JEB Document 146-1 Filed 03/01/17 Page 2 of 5

IN THE UNITED STA TES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

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STANDING ROCK SIOUX 1RIBE ,

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Case Number: 16-cv-1534 (JEB)

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Plaintiff,

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and
CHEYENNE RIVER SIOUX TRIBE,
Plaintiff-Intervenor,
v.

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UNITED STA 1ES ARMY CORPS OF
ENGINEERS,
Defendant-Cross Defendant,
and
DAKOTA ACCESS, LLC,
Defendant-IntervenorCross Claimant.

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~~~~~~~~~~~~~~~)

DECLARATION OF DAVID LEHMAN

I, David Lehman, declare as follows:
1.

The statements made in this declaration are based upon my personal knowledge,

or upon information available to me in my official capacity, and are true and correct to the best
of my knowledge and belief.
2.

I currently work for the Pipeline and Hazardous Materials Safety Administration

(PHMSA) as Director of the Oil Spill Preparedness and Emergency Support Division, in the
Office of Pipeline Safety. My duties in that position include identifying information that should
be protected from public disclosure for security reasons, including identifying whether
I

 Case 1:16-cv-01534-JEB Document 146-1 Filed 03/01/17 Page 3 of 5

information may be Sensitive Security Information (SSI). I have performed these duties for
three years and four months.
3.

Pursuant to a request from the Department of Justice (DOJ), I reviewed 31

documents that were to be included in the administrative record for this action from November
28, 2016 to December 1, 2016. DOJ asked PHMSA to review the documents for information
that PHMSA would redact for security reasons, such as location and amount of worst case
discharges from pipeline facilities.
4.

I have reviewed the 11 documents attached to Dakota Access, LLC's February 1,

2017 Motion for Protective Order, which were provided to me on February 3, 2017. These
documents were included within the set of31 documents that I reviewed in November 2016.
5.

Some of the information marked for redaction by Dakota Access, LLC in 5 of the

11 documents includes information that PHMSA would redact from public disclosure under 5
U.S.C. § 552(b )(7)(F), which protects records compiled for law enforcement purposes and that if
released, could reasonably be expected to endanger the life or physical safety of any individual,
and which PHMSA would also redact under 49 U.S.C. § 60138 and 5 U.S.C. § 552 (b )(3) if the
information were contained in oil spill response plans.
6.

The remaining 6 documents contain no information that PHMSA would redact

from public disclosure under PHMSA' s redaction authorities, as described in the paragraph
above.
7.

The information that PHMSA would redact, as described above, is marked in the

attached Exhibit A.

Pursuant to 28 U.S.C. § 1746, I hereby declare under penalty of perjury that the foregoing is true
and correct to the best of my knowledge, information, and belief.
2

 Case 1:16-cv-01534-JEB Document 146-1 Filed 03/01/17 Page 4 of 5

Executed on this 1st day of March 2017 in Washington, District of Columbia.

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DaVid
K. Lehman

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Exhibit A

(Filed Under Seal)