Tag Archives: Dakota Access

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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Image Source: https://www.flickr.com/photos/40969298@N05/29485116115/in/photostream/

EPA Plans For Better Cleanup After Gold King Mine Spill

A year after the Gold King Mine spilled three million gallons of toxic chemicals into the Animas River, the EPA last week announced the site as a Superfund site, where a polluted area is required for a long-term cleanup and becomes eligible for federal funding to do so. With the Bonita Peak Mining District now on the National Priorities List, the agency will devote $1 billion for better investigating and addressing contamination concerns for those along the San Juan River, including the Navajo Nation who are still waiting for compensation for lost crops and reassurance of the water’s quality. The Navajo Nation is hesitant  to use any water for farming and livestock, as they are skeptical of the water’s safety and concerned with long-term health effects from the spill.

The EPA’s announcement comes a few weeks after the Navajo Nation sued them for an insufficient cleanup after the Gold King Mine Spill and the lack of compensation for lost crops for a year. Almost 3,000 farms and ranches were affected as they stopped irrigating from the river and crops dried up and livestock were sold due to lacking resources to maintain them. Some remain doubtful that the river will ever be restored with lacking reassurances of safety and over a century’s worth of mining affecting the area with hundreds of abandoned mines near the Animas River which were poorly constructed and managed.

Even a bipartisan group of senators want to expedite the reimbursement to those affected by the Gold King Mine Spill. They introduced an amendment to the Water Resources Development Act which would force the EPA to pay eligible claims made after October 2015 within 90 days. County officials, local companies and individuals through the states of Colorado, New Mexico and Utah are still waiting for thousands of dollars worth of reimbursement with some only being paid in part and others receiving nothing so far.

While these issues should have been addressed long ago with the EPA taking responsibility for the Gold King Mine Spill, it is a relief to environmental and tribal activists that the agency will better assess the damage and devote what will likely be 10 years into cleanup of the Animas and San Juan Rivers. The Navajo Nation had to wait for far too long for their concerns to be properly addressed with their livelihoods at stake. It seems that the EPA is finally taking full, genuine accountability for the Gold King Mine Spill and will address the increasing complaints.

With a newfound hope for the Navajo and their livelihood to be fully restored, these developments from the EPA are the course of action we need to see in light of the Dakota Access Pipeline which will threaten the water supply of the Standing Rock Tribe and the 18 million people living downstream. While the Obama Administration temporarily halted construction near the reservation, Energy Transfer CEO Kelcy Warren announced that 60 percent of the pipeline is finished and vows to complete construction, saying that “concerns about the pipeline’s impact on the local water supply are unfounded.” The violation of basic human rights will not be ignored and the voices against the pipeline will only become louder until construction halts indefinitely and Energy Transfer accepts accountability.

 

Voice your opposition to the DAPL by signing onto these petitions:

Earth Justice: https://secure.earthjustice.org/site/Advocacy?cmd=display&page=UserAction&id=1861&_ga=1.188139371.296617086.1429319754

Change.org: https://www.change.org/p/jo-ellen-darcy-stop-the-dakota-access-pipeline

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Image Source: http://www.phoenixnewtimes.com/news/navajo-nation-sues-federal-government-for-gold-king-mine-spill-8556166 [Photographer: Jerry McBride]

 

Pipeline Protest in Full Swing: Standing Strong with Standing Rock

Thousands of people — including members of more than 90 Native American communities — continue to reside at the Camp of the Sacred Stones in North Dakota in protest of the Dakota Access Pipeline (DAPL).

The protest camp was created by the Standing Rock Sioux tribe, whose reservation is a short half-mile from the proposed pipeline. If completed, DAPL threatens Standing Rock’s sacred sites and their main water source, as it would transfer millions of barrels of fracked oil under the Missouri River daily.

Construction on the pipeline, which is currently halted, depends on the results of a federal lawsuit filed by the Standing Rock against the U.S. Army Corps of Engineers for permitting Dakota Access so close to their Treaty lands. During a preliminary injunction hearing on Wednesday, federal Judge James Boasberg stated that he expects to issue a ruling on the matter by Sept. 9.

Ongoing action against the pipeline has, however, garnered significant hostility from various government agencies.

Despite being a predominantly peaceful occupation, 29 people have been placed under arrest in the last two weeks. The FBI has even been called in to investigate a report of a laser allegedly being pointed at an aircraft that was surveying the area.

Amnesty International USA stated in a press release Wednesday that they have sent a delegation of human rights observers to the camp to monitor law enforcement operations. The international NGO has grown concerned over policing efforts at the construction site following the removal of state-owned water tanks that supplied the camp — supposedly due to “public safety concerns”.

This has led to mass donations of water and other supplies, ranging from food to camping gear, to the Sacred Stone camp. These shipments, along with financial contributions, are coming in from tribal organizations, nonprofits, individuals, and —  in one case — a Native American Fraternity, Sigma Nu Alpha Gamma at Oklahoma University.

Along with sending observers to the camp, Amnesty International also sent letters to North Dakota authorities enumerating both constitutional and human rights standards they are obligated to protect while policing the protest.

“Public assemblies should not be considered as the ‘enemy,’” the letter states, “The command hierarchy must convey a clear message to law enforcement officials that their task is to facilitate and not to restrict a peaceful public assembly.“

In recent weeks, there has been a swell in support for the Standing Rock Sioux in their fight against the Bakken pipeline, both at the camp and in the media. Indigenous communities from all over the world have offered statements of solidarity with the Standing Rock via social media outlets. Several high-profile individuals, like actresses Shailene Woodley and Susan Sarandon, protested outside the U.S. District Court for Wednesday’s injunction hearing in Washington D.C.

The Lakota People’s Law Project stands in solidarity with the Standing Rock Sioux, and their allies at Sacred Stone, in their fight to protect sacred water rights. It is imperative that the federal government prioritize people over pipelines, as disregard for the environmental implications of DAPL is disregard for native life and tribal sovereignty.  

Voice your opposition to the DAPL by signing onto these petitions:

Earth Justice: https://secure.earthjustice.org/site/Advocacy?cmd=display&page=UserAction&id=1861&_ga=1.188139371.296617086.1429319754 

Change.org: https://www.change.org/p/jo-ellen-darcy-stop-the-dakota-access-pipeline

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Image source: http://indigenousrising.org/yankton-siouxihanktonwan-to-host-government-to-government-consultation-with-us-army-corps-on-bakken-pipelinedapl/

Protesters Sued for Delaying Pipeline Construction

Dakota Access LLC sued Standing Rock Chairman Dave Archambault, who was arrested for trespassing but later released from jail, and other protesters on Monday for stalling construction of the their pipeline and threatening employees and law enforcement. The next day, the Houston-based company was granted a restraining order against the defendants on the grounds that their construction permits were valid.

Dakota Access and its parent company, Energy Transfer, are also going so far as to blatantly lie and try to appear like they are in the right to construct the pipeline. An anonymous Energy Transfer spokesperson said in an interview with Indian Country Today Media Network that “Dakota Access does not cross any reservation land and is compliant with all regulations regarding tribal coordination and cultural resources.”

This absolutely contradicts the fact that maps of the pipeline obviously show it crossing through reservations, including vital water sources on the Missouri River and ancestral burial sites, which construction crews began digging up last week amid protests. The Standing Rock Sioux voiced their concerns for months now and remain ignored.

They are scrambling to justify their actions, but they can’t sweep under the rug the environmental, tribal sovereignty and historical preservation violations they continue to openly commit. There is still a major risk in damaging vital water sources given that pipelines leak thousands of gallons of oil far too often. If any concerns from Standing Rock about the pipeline’s construction were taken seriously, then Dakota Access LLC shouldn’t be at all surprised from the outrage as they dig up sacred burial sites.

Meanwhile, protests show no signs of stopping as Archambault calls for more support nationwide, including for American citizens to contact their senators and representatives, and he even hopes for intervention from President Barack Obama. Other tribes like the Oglala Sioux and Crow Creek Sioux are sending members to the construction site to protest alongside the Standing Rock Sioux. Even celebrities are joining the fight against Dakota Access, like Shailene Woodley and Jason Mamoa.

No matter how much Dakota Access tries to justify their federal violations, their relentless greed and lies will never be overlooked. Protests will not end until Standing Rock takes back their land and Dakota Access is properly held accountable for their deplorable actions.

Support the Standing Rock Sioux by signing petitions in the change.org movement Stop the Dakota Access Pipeline to demand a stop to the piepline’s construction.

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Image source: https://insideclimatenews.org/news/18082016/native-americans-sioux-tribe-protest-north-dakota-access-bakken-oil-pipeline-fossil-fuels

Check out our report calling for a Truth and Reconciliation Commission: http://lakotalaw.org/special-reports/truth-and-reconciliation

Please sign our petition calling for a Truth and Reconciliation Commission: http://lakotalaw.org/action

Check out our new Truth and Reconciliation t-shirts:  https://romero-institute.squarespace.com/lakotalaw-store/

 

Dakota Access Approved: Resistance Unfolds

With blatant disregard for tribal and environmental health, the U.S. Army Corps of Engineers has approved the majority of permits for the Dakota Access Pipeline — a project that will transport crude oil through several states and over 200 separate water crossings.

The Corps announced approval of nearly all of the project’s necessary permits last week, despite ongoing vocal and legal opposition from landowners, activists, and tribes of the Dakotas. Requests by the Environmental Protection Agency, the U.S. Department of Interior and the Advisory Council on Historic Preservation for a full environmental review prior to the permits’ approval were similarly ignored.

Undeterred by months of collective outrage, construction on the project has already begun. Energy Transfer’s spokesperson stated that their goal is to have the pipeline in operation by the end of this year.

For the Standing Rock Sioux Tribe, the pipeline is more than just another show of federal dismissal to tribal sovereignty, but a looming threat to the community’s water supply and their entire way of life. The disheartening news of approval for Dakota Access, however, has not stalled tribal activism against it.

By carrying crude oil through native territory, under the Missouri River, and across waterways significant to tribal peoples, the Dakota Access Pipeline is a high stakes gamble for the lives the Standing Rock Sioux. The simple fact of the matter is that fracking oil and then transporting massive distances is not safe and it threatens wildlife and human water sources. Between 2006 and 2014, there were 8,690 reported incidents of oil and brine spills in North Dakota’s oil industry; the completion of Dakota Access will surely increase this number to record-high levels.

On Wednesday, the Standing Rock Sioux Tribe filed a lawsuit against the Army Corps through Earthjustice in Washington D.C. The complaint cites a violation of National Historic Preservation Act, as well the Corps’ dismissal of tribal input and culturally significant sites when permitting the project.  

“We have laws that require federal agencies to consider environmental risks and protection of Indian historic and sacred sites,” said Dave Archambault II, chairman of the Standing Rock Sioux Tribe. “But the Army Corps has ignored all those laws and fast-tracked this massive project just to meet the pipeline’s aggressive construction schedule.”

Proposed by the Texas-based company Energy Transfer, Dakota Access is slated to cost 3.4 billion dollars and stretch 1,164 miles across North Dakota, South Dakota, Iowa, and Illinois. Also called the Bakken pipeline, it will carry 450,000 barrels of fracked oil from the Bakken Shale Formation in North Dakota to Illinois, where it will then be transported to Gulf Coast refineries.

Prioritization of Big Oil over Native American lives is troubling, but it’s not new.  “The Corps has a long history of going against the wishes and health of tribal nations” said the Indigenous Environmental Network.

Projected to be built in close proximity to the Standing Rock reservation’s northern border, the pipeline threatens contamination of the Missouri River. Because of this, the tribe launched a campaign called “Rezpect Our Water” several months ago, which has since gained international visibility and celebrity endorsements. The grassroots initiative involved tribal leaders and youth to raise awareness about the potential ramifications of the pipeline.

The ignorance of the Army Corps to the necessary legal and ethical parameters is systemic within federal attitudes toward native lands. It is simply unacceptable that a whole tribe’s way of life be put at risk for the sake of large energy revenues.

What’s worse is that the tax revenues being offered to other counties along the pipeline’s path will not be offered to Sioux County. Meaning, for the Standing Rock Sioux Tribe, their land will be put at risk while they will see no financial benefit from it.

The fight, as activists and indigenous communities have voiced, is far from over: “this decision,” said the Indigenous Environmental Network, “will not deter resistance against the dirty Bakken pipeline”.

Less than a week following the permits’ approval, there are already reports of vigilante resistance. Around 6am yesterday morning, Iowa news outlets began reporting fires on three separate construction sites along the Dakota Access route in the center of the state.

Jasper County Sheriff John Halferty noted that the fires seemed to be intentionally set along the pipeline, targeting the equipment, and caused a million dollars in damage to the machinery. There are no suspects thus far in the ongoing investigation.

This morning, protesters are gathered in Bismarck, North Dakota, on the grounds of Capitol to demand that legislators put a stop to the pipeline’s construction.

The U.S. Army Corps of Engineers refused to acknowledge the push-back of native interest groups, their allies, and environmental agencies when beginning construction; in doing so, they have opened up the door to new and increased forms of counteraction.

When Native Americans are totally discounted from major infrastructure decisions and their safety and ways of life are not prioritized, it shows the unethical framework in which development occurs in this country. Approving the Dakota Access pipeline is a dangerous and irresponsible move on behalf of the U.S. Army Corps. It reflects the devaluation of Native American lives and their ecological sovereignty, something that must perpetually be resisted.

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Image source: https://pbs.twimg.com/media/CoLclpmXgAEX9E6.jpg

Check out our report calling for a Truth and Reconciliation Commission: http://lakotalaw.org/special-reports/truth-and-reconciliation

Please sign our petition calling for a Truth and Reconciliation Commission: http://lakotalaw.org/action

Check out our new Truth and Reconciliation t-shirts:  https://romero-institute.squarespace.com/lakotalaw-store/