Court ordered the Dakota Access Pipeline to shut down for the time being and do all the environmental impact studies it has neglected.
This was hard-won, and hopefully, it won’t be temporary. Humanity needs to wean itself off oil, and as long as the USA doesn’t do that, nobody will. The USA really is leading the world – by example. Unfortunately, a bad example.
Trump on DAPL. © Marty Two Bulls.
The U.S. Army Corps of Engineers violated the law in its fast-tracked approval of the Dakota Access Pipeline (DAPL), a U.S. District Court Judge in Washington D.C. has ruled. Judge James Boasberg said the Corps did not consider key components of the National Environmental Policy Act (NEPA) in granting the Lake Oahe easement under the Missouri River when directed to do so by President Donald Trump shortly after his swearing-in.
The Standing Rock Sioux Tribe, with the Cheyenne River Sioux as interveners, had challenged the approval on the grounds that adequate environmental study had not been conducted. Boasberg agreed on many points, though he did not rule on whether the pipeline should remain operational. It has been carrying oil since June 1.
“Although the Corps substantially complied with NEPA in many areas, the Court agrees that it did not adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice, or the degree to which the pipeline’s effects are likely to be highly controversial,” Boasberg said in his 91-page decision. “To remedy those violations, the Corps will have to reconsider those sections of its environmental analysis upon remand by the Court. Whether Dakota Access must cease pipeline operations during that remand presents a separate question of the appropriate remedy, which will be the subject of further briefing.”
A status conference will be held next week, according to the environmental law firm EarthJustice, which is representing the tribes in this case. Energy Transfer Partners, the pipeline’s builders, did not respond to requests for comment by press time.
“This is a major victory for the Tribe and we commend the courts for upholding the law and doing the right thing,” said Standing Rock Sioux Chairman Dave Archambault II in a statement. “The previous administration painstakingly considered the impacts of this pipeline and
PresidentTrump hastily dismissed these careful environmental considerations in favor of political and personal interests. We applaud the courts for protecting our laws and regulations from undue political influence, and will ask the Court to shut down pipeline operations immediately. ”
Indian Country Today has the full story.
Where there’s the smallest good news, there’s always bad news, and in this case, it comes in the form of Zinke:
“I think, talking to tribes, they’re very happy,” Zinke said of his proposal, adding that he “talked to all parties, and they’re pretty happy and willing to work with us.”
But this is not so, according to tribal representatives. In a June 12 press call hosted by U.S. Sen. Tom Udall (D-NM), the vice-chair of the Senate Committee on Indian Affairs, Navajo Nation Attorney General Ethel Branch said the tribe’s leaders have “maintained a consistent position that they support the monument designation.
“If there is any happiness,” Branch said,” it’s probably that the monument remains intact as of now.
“I think [the ‘happy’ characterization] is probably just a characterization coming from Trump,” Branch added.
Natalie Landreth, a lawyer with the Native American Rights Fund who represents the Hopi, Zuni and Ute Mountain Ute Tribes on Bears Ears issues, said during the Udall call that the proclamation that set up Bears Ears as a national monument had already formed a structure in which five tribes, known as the Bears Ears Inter-Tribal Coalition, work together to co-manage the monument.
“It’s unclear exactly what the secretary is suggesting, so until we know more details about what he’s talking about, it’s difficult to have a view on it,” Landreth said. “Our initial reaction on behalf of the three tribes we represent is that this was really a cynical effort to distract Indian country from the devastating blow of reducing the size of the monument.”
Landreth said that some of her impacted tribal clients told her as of June 12 that Zinke had not been in touch with them on this matter.
“We don’t know who he’s talking to and what they may have said,” Landreth said.
Oceti Sakowin Camp. © C. Ford, all rights reserved.
There’s a petition, and yes, I know people get petition tired, but please click on over and sign this one, to remove the murder-minded and incompetent Kirchmeier from his position as Sheriff of Morton County. Kirchmeier took a brutal stance from the beginning, and as some of you will recall from the Standing Rock posts, he spread misinformation and outright lies from the beginning, and never stopped telling lies, either. He used all the climate justice warriors as an excuse to spend outrageous amounts of money on military equipment, so he could play a latter day Custer, obviously hoping for better results. In the end, his unholy alliance with the oil companies worked out just fine for him, giving him equipment to oppress and harm, all while lining his pockets. Please help out by adding your name to the petition.
Remove Sheriff Kyle Kirchmeier, of the Morton County Sheriff’s Office.
Chemical warfare, Turtle Island, Oceti Sakowin Camp, November, 2016. © C. Ford, all rights reserved.
New York Daily News writer Shaun King obtained audio where Energy Transfer Partners freely admitted that they worked closely with the Sheriff’s Association, and wow, did they ever. They became one and the same.
Water protectors who lived at camp can attest to ETP and law enforcement’s collusion and fraternization, but the record speaks for itself.
The Sheriffs’ Association has a $3.46 million dollar budget, according to tax forms. Some of this funding comes from corporate sources, like TigerSwan. TigerSwan maintains offices in Iraq and Afghanistan. TigerSwan’s CEO is a former adviser to the multinational private security firm, Blackwater. Blackwater was founded by Erik Prince, a Trump campaign donor and the brother of Betsy DeVos, the U.S. Secretary of Education. Besides funding the Sheriff’s Association, TigerSwan is in charge of Dakota Access intelligence and supervising overall security for the company. Tigerswan works for Dakota Access, while funding and partnering with the Sheriffs’ Association.
The Sheriff’s Association purchased military gear from the U.S. Department’s Defense Logistics Agency thanks to the Defense Department’s 1033 program. Think corporate welfare for the defense industry.
Wait, there’s more. Energy Transfer Partners CEO Kelcy Warren offered to reimburse North Dakota and Morton County for costs due to defending the Dakota Access Pipeline.
So why are U.S. taxpayers forking over $15 million dollars to North Dakota?
Despite the fossil fuel industry’s wishes, America is not an oil company with an army. We should not be bankrolling our own oppression.
Incidentally, the Dakota Access Pipeline is not even operational yet, and it’s already sprung a leak in South Dakota, just southwest of the Lake Traverse Reservation. End this foolishness.
Ruth Hopkins at Indian Country Today has the full story.
© Marty Two Bulls.
It’s not enough that the pipeline went through, and once again, drinking water is threatened (which is fine, of course, because Indians), but ETP can now keep risk information to themselves. Just keeps getting worse. And to those people who think they are helping through vandalism? You aren’t, so fucking stop it.
Despite concerns that the controversial Dakota Access Pipeline could threaten the primary source of drinking water for the Standing Rock Sioux, a federal judge ruled that the pipeline’s developer can keep some information about spill risks secret from the public.
The ruling — which would permit Energy Transfer Partners, the developer of the pipeline, to keep information about spill risks at certain points along the pipeline shielded from the public — comes after unknown protesters used a torch to burn holes in empty above-ground segments of the pipeline. The Standing Rock Sioux and Cheyenne River Sioux tribes had argued that information about spill risks could potentially strengthen their case for more environmental review of the project.
U.S. District Judge James Boasberg rejected that argument, saying that shielding the information from public view would prevent vandalism of the pipeline.
“The asserted interest in limiting intentionally inflicted harm outweighs the tribes’ generalized interests in public disclosure and scrutiny,” Boasberg said in his ruling.
[…]
Pipeline spills in North Dakota are not uncommon — according to analysis from the Center for Biological Diversity, North Dakota has averaged four pipeline spills a year since 1996, costing more than $40 million in property damage.
Under the Trump administration’s proposed budget, the Environmental Protection Agency would face sharp cuts in its enforcement programs, limiting its ability to enforce and penalize companies that violate environmental laws. When pipeline operators, for instance, violate laws like the Clean Water Act by spilling pollutants into waterways, the EPA is normally the agency that imposes fines on those operators. Last week, for instance, the EPA and the Department of Justice issued a fine against a pipeline operator in Ohio that violated the Clean Water Act by discharging approximately 1,950 barrels of gasoline from a pipeline into nearby waterways.
© C. Ford. All rights reserved.
More and more efforts are directed at divestment, and Norway’s largest private investor has decided to go No DAPL.
The largest private investor in Norway has pulled out of three companies connected to the Dakota Access Pipeline (DAPL) because of the conflict at Standing Rock.
Storebrand, an Oslo-based financial-services company that specializes in sustainable, socially conscious investing, has sold off nearly $35 million worth of shares in Phillips 66, Marathon Petroleum Corporation, and Enbridge, the company announced on March 1.
“Storebrand has made the decision to withdraw all investments from the controversial Dakota Access pipeline, including positions in the North American companies Marathon Petroleum Corporation, Enbridge Inc. and Phillips 66,” said Storebrand in a statement on March 1.
“Our conclusion is that these are poor long-term investments, both for our pension customer and from a sustainability point of view,” the company said.
Storebrand had investments of $11.5 million in Philips 66, $7 million in Marathon Petroleum Corp. and $16.2 million in Enbridge Inc., for a total of $34.8 million, said the company. According to its website, it has been in operation since 1767 and was managing pension funds since 1917, pre-dating Norway’s social security system by 50 years.
“There is too much uncertainty, for us as an investor, as to whether there has been a good process that ensures the rights of all parties in the conflict,” said Matthew Smith, Head of Sustainable Investments. “There has been involvement by the United Nations, by President Obama, and President Trump. Caught in the middle are the people directly impacted by the pipeline.”
[…]
Storebrand tried numerous tactics to enact change, Smith said in the statement, but none of them worked.
“Generally, it is our belief that we can have a more positive effect on companies and situations by using our position as an owner to effect change. We have successfully done so on many occasions, but it doesn’t always work,” Smith said. “Storebrand has been in direct contact with the companies, and has worked with international groups of investors. Our most recent initiative is an investor letter, representing 137 investors with $653 billion assets under management, that encourages involved banks that have lent money to the project to use their position and influence to engender positive change and a reconsideration the routing of the pipeline.”
Storebrand was forced to conclude that “active ownership is not going to deliver a better outcome,” he said. “We do hope that this can give a final indication to the involved companies to reconsider the routing of the pipeline.”
The investor joins a growing number of companies and entities that have pulled funds from Wells Fargo and other banks that are financing DAPL, ranging from the City of Seattle to individual account holders. Others, such as New York City, have put DAPL banks on notice.
The decision was not easy, Smith told The Guardian.
“Divestment is a last resort,” he said. “When you divest from companies, you give up your possibility to influence companies to come to a better solution.”
Full story at ICMN.
© C. Ford.
North Dakota legislators have been pushing a raft of draconian bills through to make any protesting impossible to do, if you’re actually outside your abode. The worst of them is one which would allow drivers to ‘accidentally’ hit a protester without penalty. Thankfully, it didn’t pass, but the shit-filled asshole who authored it still wants it to be enacted, because:
Republican state Representative Keith Kempenich told local media that he sponsored the bill after his mother-in-law was caught in a protest while driving.
Kempenich defended the bill Monday before a vote, saying current laws had failed to protect citizens, and that the much publicized bill was mischaracterized by the media.
“I’d like to see this bill passed forward. I think that it shows that we are willing to stand up for the citizens of this state,” he said.
How about you say what you mean, you piece of shit? You want that bill to pass because you think us nasty Indians ought to be killed. We sure as hell obviously aren’t citizens of this state in your colonial, genocidal eyes. Fuck you, Kempenich.
Via Raw Story.
Malia Obama (Pinterest)
Malia Obama has chosen to stand with Standing Rock.
A group of 100 people gathered in Park City to protest the revival of the project by new U.S. President Donald Trump. Despite freezing temperatures and heavy snowfall, Malia Obama joined the protester who were holding up signs that read: “Exist. Resist. Rise.” and “Impeach corporate control,” according to the Daily Mail.
Along with protesting the construction of the pipeline, which will disturb sacred grounds and introduce contaminants into the local water supply, the group was protesting the festival sponsorship by Chase Bank, which is invested in the pipeline. The rally was held in front of the Chase Sapphire on Main lounge.
Courtesy MSNBC via YouTube.
Chairman Archambault on MSNBC: ‘President Is Circumventing Federal Law’.
Standing Rock Sioux Chairman David Archambault II was more surprised at the rapidity with which Donald Trump signed presidential memoranda purporting to speed up the Dakota Access Pipeline (DAPL) and reinstate the Keystone XL pipeline than he was by the act itself.
“We were prepared for President Trump take a run at everything we have accomplished in the last two years,” Archambault told Tamron Hall on MSNBC on Wednesday January 25, the day after Trump signed a Presidential Memorandum attempting to move DAPL along. “This nation better start bracing itself for what’s to come if in the first four days we’re witnessing him using an executive order to circumvent federal laws. It’s not right, and it’s something we better get ready for. I was disappointed that it came this soon, because we had worked so hard for the last two years.”
The tribe wants closer study of the pipeline’s potential effects on water supply, sacred sites and treaty rights, he said, and Trump is trying to do an end run around such statutes as the National Environmental Policy Act (NEPA).
“The troubling thing is that this president is circumventing federal law,” Archambault said. “We have Treaty rights, we have water rights with our Winter’s Doctrine, we have NEPA.”
The Keystone XL Pipeline Will Create Just 35 Permanent Jobs. Don’t Believe the Lies.
For those who still insist fossil fuels are the future, the Trump administration represents a new day for some old ideas. In an early sign of things to come, the president showed his faith in big oil when he signed documents Tuesday pressuring federal agencies to support construction of the Dakota Access and Keystone XL oil pipelines. Each of these projects faced enormous protests and was put on hold by the Obama administration because of legitimate environmental and due process concerns.
Congressional Republicans frequently howled at far less heavy-handed exercises of executive power under the previous administration. Today, they applaud Trump’s move on the mistaken premise that these pipelines are good investments. Not only will these projects not create long-lasting jobs – as CNBC, not exactly an anti-corporate mouthpiece, has noted: “Pipelines do not require much labor to operate in the long term” – they will further delay the inevitable transition to clean, renewable energy our economy needs and the American people demand.
Standing Rock Chairman Archambault Sends Strong Letter to Trump.
Editor’s note: Reaction was swift and strong when President Donald Trump signed a series of Presidential Memoranda and Executive Orders designed to move the Dakota Access Pipeline (DAPL) forward and revive the Keystone XL pipeline. The Standing Rock Sioux Tribe responded immediately, and on January 25 Standing Rock Chairman Archambault wrote a letter to Trump explaining the legal constraints, the support that the Environmental Impact Statement and the tribe have, and the need for a leader-to-leader meeting. The full text is below.
DAPL Profiteers Steal Marty Two Bulls Designs.
You’ve probably seen and shared at least one of the many brilliant political cartoons by Marty Two Bulls at some point in time. Marty Two Bulls—an artist from the Oglala Lakota Nation—has been drawing political cartoons with great success for many years. His work has long been a staple on the pages of ICTMN. He’s known for bringing clever humor and hilarious imagery to hot, controversial issues: most recently the anti-DAPL movement in Standing Rock.
But now, you might see his work in places it shouldn’t be: dozens of t-shirt sellers who are hoping to make a buck from the #NoDAPL campaigns have ripped off Marty Two Bulls designs and been using them to sell t-shirts of their own with no credit, profit, or acknowledgement offered to the artist. Now, Two Bulls has taken the matter into his own hands. In addition to filing dozens of reports to stop production of the rip-offs, he has decided to sell t-shirts of his own.
The design thieves are mostly from overseas with no connection to Native country.
“So far I caught over 20,” Two Bulls said, “I go online, I search terms like #NoDAPL and Water is Life on Facebook, and there they are.”
Marty is an amazingly talented artist, and one of the best political cartoonists in the world, he’s brilliant. Please, if you want to show support for Standing Rock, take the time to make sure your item is coming from the actual artist. Most artists aren’t rolling in money, and this theft hurts, one more than one level. Marty is trying to do something for his people, and if you want to help, and like his artwork, please buy from Marty Two Bulls.
Courtesy Gary Dorr.
Later, a veteran buddy looked it up to be sure, matched it up with our pictures, and based on his experience noted:
“My suspicion is that the Avenger Missile Systems deployed to Standing Rock are a cost-effective alternative to having an Apache Helo flying overhead when they need it. The Avenger system has Forward Looking Infrared (FLIR) Capabilities. The civilian plane and helicopter probably don’t have FLIR and that is when they need an Apache Helo to “monitor” situations under darkness and record for evaluation later. Instead of calling up the Apache, they can have Avengers on-site for instant intelligence day or night. The Avenger system also has video capabilities. It costs them far less to have an Avenger system on the ground 24 hrs a day than to deploy an Apache Helo occasionally. The security ground forces have Night Vision but the Avenger has FLIR and a laser rangefinder along with video capabilities. The FLIR will be at least a plate-sized round lense mounted on the weapon rail on the left side (driver side) if there is one. Just a suspicion. If I am correct, there should be more info to request in a FOIA. The sheriff’s Department can’t all have TS Sec clearances so if they brief them all using Avenger footage, it should be low hanging fruit that would be unclassified.”
A YouTube video from North Dakota’s new Gov. Doug Burgum. More of the same about Standing Rock.
Damn. Think about what was possible: A governor who is framing his entire administration on innovation just dismissed the most disruptive force in his state’s recent history. That is what Standing Rock is about. Instead of saying, “What can we learn from this? What can we do together?” The new governor relied on the screen saver that was there before; the idea that powerful forces will roll over the tribe and build the Dakota Access Pipeline without interference. Thank you.
Burgum also scratched away at an old story: The Obama administration created this problem.
But his larger message is that the state of North Dakota and its corporate partners are more powerful than any tribal government. Instead of a pause, a moment to engage in a government-to-government dialogue, the new governor emphatically says the pipeline will get built soon. No. Matter. What.
“Make no mistake, this infrastructure is good for our economy,” the governor said in his YouTube video. “And it’s the safest way to transport North Dakota products. Failure to finish it would send a chilling signal to those in any industry who wish invest in our state and play by the rules.”
[…]
The new governor could have reset the law enforcement battle lines too. Nope. “As a result of the Obama administration’s refusal to uphold the rule of law on federally owned land, both our citizens and local and state law enforcement have been put in harm’s way,” he said. “These actions are putting daily demands on the scarce resources of our state and local government.”
Those daily demands are because the state of North Dakota made it so. Pick a word: defuse, de-escalate, negotiate. There were so many better alternatives, ones that were dismissed in favor of sending in the cavalry. I have interviewed many government officials over the years that successfully reduced tension instead of using the police powers of a state. In every test the state failed in this regard and the new governor is following the same path.
I had hopes that Gov. Burgum would see the potential of the Standing Rock story as one that could make North Dakota a beacon. Think about this: This moment in history has brought indigenous people together in a way that’s unprecedented. And the world is paying attention to that. What an amazing opportunity, something that could stir the imagination of investors, entrepreneurs, and governments. Potential partners in a state that found a solution by working with tribes to solve an intractable problem.
The former governor blamed social media for this global perception. But that misses the point that the Standing Rock Tribe owns the story. And that won’t change because the new governor posts a video on his account. The problem is not social media. It’s the message that the State of North Dakota will use the rule of law, the police power of a state, to roll over a tribal nation. It’s a message of brute force instead of inspiration.
Same old tired shit. Same old tired white privilege. Nothing ever changes. Mark Trahant’s full column at ICTMN.
Photo by Tom Jefferson.
There are still people at the Oceti Sakowin camp, a considerably smaller number, around 2,000, who will stay until DA is gone. They are requesting that no one new come into camp right now, as weather conditions are very harsh. Those of us fighting the Black Snake still need help. You can signal boost, get involved in various actions, or donate, all is appreciated, deeply.
Have a look at the Oceti Sakowin Camp site, and see if there is a way to add your voice to the many.
