Tag Archives: arrests

Future DAPL Operator’s Pennsylvania Pipeline Leaked

Despite the millions of voices worldwide speaking out against the Dakota Access pipeline (DAPL), parent company Energy Transfer remains unmoved.

CEO Kelcy Warren assured his employees that they thoroughly spoke with the Standing Rock Sioux, and that DAPL wouldn’t threaten the Missouri River. However, a recent pipeline leak in Pennsylvania by Sunoco Logistics, the future operator of the DAPL, coupled with the continuing protests, astonishing arrests and abuses in North Dakota suggest otherwise.

Environmental Danger

On Oct. 20th, heavy rainfall led to the Sunoco pipeline bursting, leaking 55,000 gallons of gasoline into Wallis Run which connects to the Susquehanna River. Although the pipeline was shut down, the continuing rainfall and flash flooding made it hard to immediately assess the damage, with residents being  warned against using water from the river. With the water now receded, no serious problems arose except an odor, and the Environmental Protection Agency (EPA) found the Susquehanna River safe for drinking again.

Not only does the Susquehanna River provide drinking water to 6 million people along the Chesapeake Bay but it is also listed by American Rivers as the third most endangered river in the US due to fracking from the natural gas industry. This leak brings to question Sunoco’s pipeline management, as their pipelines spill frequently — with more than 200 recorded leaks since 2010.

The same is expected to happen to the Standing Rock Sioux with DAPL, and potentially at a worse scale, since Sunoco Logistics, the future operator, has proven to be severely incompetent.

Human Rights Abuses

After the 127 arrests from Oct. 22nd and 23rd, the Department of Justice (DOJ) was called upon by Standing Rock Chairman Dave Archambault to investigate the pipeline developments and the excessive force used by law enforcement. Until the DOJ addresses the issues raised by the Standing Rock Sioux, no final permits will be issued to Energy Transfer for construction bordering or under Lake Oahe. Once again, they requested the company to voluntarily halt construction.

Last week another 141 protesters were arrested —  making the arrest count more than 400 since the protests began. The arrestees were placed in temporary holding cells, which many are calling dog kennels, and had numbers written on their skin in black marker.

The use of these cages was upheld by the Morton County Sheriff’s Department for the mass arrests, seeing as Morton County Correctional Center only has room for 42 inmates at a time.

Morton officials also assured that the protesters had access to the bathroom, food and water, but firsthand accounts say that they had to wait for basic necessities and medical attention. One example is Johanna Holy Elk Face, a 63 year old diabetic woman who had high blood sugar at the time, which would have potentially led to a seizure had her treatment been delayed any longer while she was in custody.

Because of these mass arrests, a UN permanent forum on indigenous rights is investigating these human rights abuses.

Federal Inaction

This past Tuesday, President Barack Obama announced that the Army Corps of Engineers would look into rerouting DAPL around sacred native land. In an interview with NowThis, he said the government will “let it play out for several more weeks and determine whether or not this can be resolved in a way that I think is properly attentive to the traditions of the first Americans.”

It’s finally a step in the right direction after months worth of pleas from protesters to halt construction, however, they can’t afford to be left waiting for federal action when the human rights and federal law violations are far too obvious and constant to ignore or wait to see what the other side has to say. There is no doubt that the police are overstepping their power, and Energy Transfer is guilty of neglecting environmental protection, tribal sovereignty and historical preservation.

The day after Obama’s interview, law enforcement clashed with protesters as they tried crossing Cantapeta Creek to Cannonball Ranch and faced pepper spray while wading through the water. This came after Energy Transfer found Native American artifacts along the route of DAPL last month and failed to report it to state regulators within 10 days.

While the company moved the route away from the artifacts, the lack of a report will likely get them fined up to $200,000. This also violates Executive Order 13007 on Protection of Sacred Sites where “each executive branch agency shall avoid adversely affecting the physical integrity of such sites.”

Between the federal law violations and human rights abuses which appear to be increasing every day, federal action cannot be delayed any further, especially with Obama’s presidency coming so close to an end. He has good intentions to hope for a peaceful solution, but it won’t come any sooner if action is postponed, especially given how excessively violent North Dakota law enforcement has become within the past few weeks.

There is no good to come from DAPL, and Energy Transfer and North Dakota law enforcement have broken far too many laws to just let it slide under the rug anymore. The protesters need immediate backing from federal action if their water and livelihood has any chance to live in peace.

Aggressive Action Against DAPL Protesters

The fight against the Dakota Access Pipeline carries on as construction continues amid requests from the Obama Administration to halt the project. As hostilities grow between campers and police, the arrest count is rising to an alarming rate with more than 260 arrests in the past two months.

On Indigenous People’s Day, Oct. 8th, 27 protesters were arrested for trespassing, reckless endangerment and engaging in a riot, despite that they were actually partaking in peaceful prayer. Among those arrested included actress and environmental activist, Shailene Woodley, who recorded the events in a live stream via Facebook and showed police fully-equipped with riot gear and military vehicles.

Just this past weekend, another 127 protesters were arrested in a demonstration with 300 people at the construction site.

The militarization of North Dakota police has built up to a massive display of force since Governor Jack Dalrymple declared a state of emergency in mid-August. Surveillance flights follow protesters, and police set up multiple roadblocks and checkpoints to prevent more from joining the Oceti Sakowin camp, by checking IDs and questioning drivers.

Some protesters were attacked with police dogs and pepper spray last month. Energy Transfer hired G4S, a controversial private security organization known for servicing prisons. They have assisted officials in blocking roads and surveilling protesters.

Police support in Morton County is expected to grow as stated in a press conference by Sheriff Kyle Kirchmeier earlier this month. Ironically, Kirchmeier is worried about “outside agitators” when an unnecessary amount of force is being brought in from out-of-state in opposition of a peaceful protest.

Along with the militarization, the charges against the water protectors have risen to an extreme, with many individuals arrested for trespassing and inciting riots despite Energy Transfer having no right to construct along Lake Oahe in the first place, as it violates federal and tribal laws meant to protect the land from being taken from the Standing Rock Sioux Tribe.

In a recent report by the Civil Liberties Defense Center (CLDC), a group of attorneys providing legal consultation for the water protectors stated that the police’s tactics have been found abusive and in violation of First and Fourth Amendment rights. The police have also alerted local farmers to “arm themselves” should anyone trespass their land, and officers have stopped wearing their name-plates and badge numbers which is illegal for a North Dakota State Trooper to do. This is supposedly to prevent threats against their homes and families, but given the brutality that has occurred within the past few months and that an officer’s personal information can be difficult to obtain it’s really just an excuse to avoid the consequences to their actions.

Among those arrested include tribal leaders like Standing Rock Sioux Chairman, Dave Archambault, who revealed in an interview with “Democracy Now!” that he was strip searched after he was charged on Aug. 15th for disorderly conduct, a misdemeanor offense. Charges were dropped against him Sept. 16 by a federal judge in Bismarck.

“I thought it was humorous, because I had to take all my clothes off, and then they wanted to check my braid for—and I don’t have a very thick braid for any weapons to hide, but so I thought it was pretty crazy and unnecessary to do a strip search and to check my hair,” Archambault recounted in the interview.

He also noted that of the five states the pipeline is set to run through, it is only North Dakota that is receiving extra police force from out of state. With the massive amount of arrests from this past weekend, Archambault is disappointed at the disregard of First Amendment rights from state and congressional politicians as well as Governor Dalrymple.

Their lack of leadership and commitment to creating a dialogue towards a peaceful solution reflects not only the unjust historical narrative against Native Americans, but a dangerous trend in law enforcement tactics across America,” said Archambault in a statement to North Dakota’s local NBC news.

Freedom of press was recently put in jeopardy when “Democracy Now!” host Amy Goodman who reported protesters being pepper sprayed and having dogs sicced on them on September 3rd  faced trespassing and riot charges five days afterwards. They were dropped this past week due to lacking evidence or motivation. Meanwhile journalists from Unicorn Riot continue to be arrested for their coverage of the movement.

North Dakota State Attorney Ladd Erickson argued in favor of the charges by indicating to newspapers like Grand Forks Herald and The Bismarck Tribune that Goodman wasn’t a journalist because her report was biased in “justifying the protest actions.”

But a journalist’s job is to report on current events, especially when human rights abuses are involved, and there is absolutely no justification to use attack dogs on peaceful protesters.

The protest against DAPL needs to be documented as it is still going strong, and there are still ongoing violations of federal law and First Amendment rights. The claims of riots and violence only try to discredit why the water protectors are there to begin with, and it disregards any wrongdoings done by Energy Transfer and police force within the past year. As indicated by Archambault, without any open dialogue toward compromise these problems will only get worse in a never-ending cycle of injustice.

The land rightfully belongs to the Standing Rock Sioux, and Energy Transfer violated historical preservation, environmental protection, and tribal sovereignty in order to build a pipeline. Energy Transfer needs to stop grasping at straws to justify construction when they are the only ones breaking any laws.

Donate to Legal Support for the Water Protectors: https://cldc.org/2016/10/20/in-standing-rock-the-cops-are-out-of-control/

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