Fighting Big Oil

Lakota Law

I wish you a happy Earth Day! Here’s an anniversary (unlike some others) that I think we can all celebrate. We all care deeply about Unci Maka, our Grandmother Earth, and when I joined the Lakota Law staff a couple months back, part of the reason was because this organization is never afraid to take on the biggest environmental issues in Indian Country and beyond. Big Oil — which has been knowingly killing this world and lying about it to the public for decades — must be held accountable. Our methodology to make that happen doesn’t stop at resisting pipelines. We mean to end harmful extraction entirely.

I urge you to follow all the work of the Romero Institute — home to both Lakota Law and Let’s Green CA!, a statewide initiative which aims to make California a model of equitable climate action. You’ll see that we have an effective, multipronged approach to winning environmental justice. 

Lakota LawHere’s that all-too-familiar vista of another oil refinery belching toxic filth into the atmosphere. This is why we’re taking polluters to task and working to pass green legislation.

This week, Let’s Green CA! Is celebrating a big victory with the passage of SB 1230 out of the California Senate’s Committee on Environmental Quality. Romero’s staff — in partnership with legendary activist Dolores Huerta and the Dolores Huerta Foundation — has worked very hard to make this clean transportation legislation a reality, from the ground up. Sponsored by State Senator Monique Limón, the bill would rapidly cut greenhouse gas emissions, reduce toxic air pollution, and support green jobs by accelerating a just transition to clean cars in the largest state in our country and the fifth largest economy in the world. I applaud our sister program!

Meanwhile, the Romero Institute’s legal team is drafting a 300-page Racketeer Influenced Corrupt Organization Act (RICO) criminal complaint against the six major oil companies presently doing business in California. It’s designed to stimulate filings by state attorneys general and U.S. Attorneys against corporations, their CEOs, management officials, principal shareholders and financiers, and the American Petroleum Institute, which conspired with the oil leaders to lie to the American public about the known dangers of fossil fuel emissions causing climate change. I encourage you to watch this excellent, new documentary by PBS Frontline to learn more.

As you can see, we’re not taking our responsibilities to Unci Maka lightly. Our Lakota way is not to look at what we can do for ourselves, but to ask how we can be of service to our relatives — including this beautiful world that holds us all in her embrace. So, today, let’s celebrate her. Then, every day from here on, let’s make sure we’re doing better by her.

Wopila tanka — thank you for fighting for environmental justice!
DeCora Hawk
Field Organizer
The Lakota People’s Law Project

Our Ancestors Risked Their Lives

Mary Annette Pember
Indian Country Today

ODANAH, Wisconsin — It was the blue ceiling that got me.

Although St. Mary’s Catholic Church is tiny, its vaulted ceiling soars to an unexpected height. It’s an impossible robin’s egg blue or the hue of a blue sky that could never exist. Unexpectedly, it drove my heart into my throat, where it stayed for several minutes. That blue color obliterated journalistic objectivity, placing me back into a wordless, needy childhood.

I realized at last that the ceiling was the same color as the little blue Virgin Mary medal that lived between my mother’s breasts, fixed to her brassiere with a safety pin. That medal would gaze back at me when we laid down in bed together for afternoon naps, at bedtime or just to visit. Those were the times she told me the Sister School stories, her life at St. Mary’s Catholic Indian boarding school and her childhood on the Bad River Ojibwe Reservation in Wisconsin.

The little church is all that remains now of the mission school buildings. 

Read more the entire article at: https://indiancountrytoday.com/news/our-ancestors-risked-their-lives-and-freedom

Tribal Department of Child Welfare

Lakota Law

Aƞpétu wašté from the Cheyenne River Nation. As you know, the welfare of our children has been a longstanding issue for Native communities. Centuries of colonization means we’re always in the crosshairs. As I discuss with my granddaughter in today’s video, our people are marginalized — especially our young parents and grandparents — by the State of South Dakota and the Department of Social Services, and our children are taken from us at an alarming rate. 

Watch our video to learn more about our work for the children.

We have worked to solve this problem for decades, and we have specifically confronted issues surrounding the Indian Child Welfare Act. In my work with Lakota Law, I’ve seen a lot of grandparents raising their grandchildren. This ultimately spurred me and others to create the Wasagiya Najin (Standing Strong) Grandmother’s Group at Cheyenne River. Wasagiya Najin focuses on what’s happening to our grandchildren, and we dedicate our time to improving our communities’ health and wellbeing from a Lakota perspective.

Our vision encompasses both a Children’s Village on Cheyenne River and a plan to create a Tribal Department of Child Welfare. I’m happy to share with you that we’re well on our way with the village — a place where siblings can stay together and children won’t be lost to the system or worry about aging out. We already have three homes and kinship parents (we don’t use the term “foster parents”). We’re doing all this with support from the tribe, but it is a community-based and operated children’s village, not run by our tribal government.

A tribally-run Department of Child Welfare will be the next big step for us. A centrally-located, multi-service center, it would offer needed support for our parents and grandparents. Right now, it’s far too complicated for parents to access services and resources from the State of South Dakota, which is the only entity handling foster care and adoption on the rez. Our vision will make things easier, give tribal members more autonomy, and also hold us accountable. It’s not our way to terminate parental rights. Instead, we promote family restoration. Children want to be with their families and their people. If we approach it from a Lakota perspective, we can make that happen for many young ones.

We take the pandemic seriously out here, and that has slowed things down. But right now, we’re organizing on the ground and distributing a one-page, anonymous survey identifying family circumstances and gathering feedback about the potential for a tribally-run Child Welfare Office. This data will help us request a reservation-wide hearing and present effectively to our tribal government, which is willing to work with organizers and hear testimony. We’re not looking for approval or permission. We grandmothers have heart for our people and our children, and that’s all we need to get it done!

It’s an exciting time, with positive change happening now and more on the horizon. We’ll have much more to tell you as we move ahead, so please stay with us.

Wopila tanka — thank you for supporting our children!
Madonna Thunder Hawk
Cheyenne River Organizer
The Lakota People’s Law Project

Lakota People's Law Project

Lakota People’s Law Project
547 South 7th Street #149
Bismarck, ND 58504-5859

Water

The key to life and liberty is access to water, Water is Life. The clue to what is happening across the world as a certain class seeks to totally control is what is being done in Standing Rock. There, in 2016, the government was able to try out their new military-grade weapons to control the peaceful protest. There in Standing Rock, we witnessed a rehearsal for complete control and domination. Now, the water is being confiscated.

This is environmental warfare.

Lakota Law

The Dakota Access pipeline’s threat level is at an all time high for the people of the Standing Rock Nation. In a new video we made in partnership with Standing Rock, you’ll see the distressingly low water levels in the Mni Sose, our sacred Missouri River. You’ll also hear Chairwoman Janet Alkire address the oil company’s lack of adequate emergency response planning for the pipeline’s inevitable spill. It’s critical you stay with us and be ready to assist as soon as the Army Corps of Engineers releases DAPL’s Environmental Impact Statement (EIS).

Standing Rock Chairwoman Janet Alkire addresses DAPL’s inadequate emergency plan, the Missouri River’s low water levels, and the elevated threat to her people.

As you heard a few weeks back, an Army representative came to Standing Rock to meet with tribal leaders from across the Oceti Sakowin. He listened to presidents and chairpersons, elders and community members, and he told us he heard our concerns. We hope that’s true. But since that day, it’s been a game of wait and see, with no movement from the Army and no release of the EIS — which, of course, was prepared by a pro-oil firm. It’s almost as if they know we’re not going to be happy unless the pipeline is shut down, and that we have a legion of supporters ready to engage in favor of an honest process.

In my dual capacities as Lakota Law’s co-director and a special consultant to the chairwoman’s office, I’m here to amplify your voices and those of my people. Lakota Law’s communications and technical teams have been hard at work for months helping the Alkire administration upgrade the tribe’s digital infrastructure and outreach capabilities. As part of that, we also collaborated with the tribe’s Game and Fish Department to access remote areas of the reservation and film 30 miles of the river, capturing first-of-its-kind, comprehensive drone footage near DAPL’s crossing. As you’ll see, the footage shows clearly that water levels are dangerously low, and that any spill would pose a special threat right now.

We will continue to do whatever we can to support Standing Rock and all those within the Great Sioux Nation to push back against Big Extraction. And, of course, we’ll keep you updated on developments. Please stay tuned and ready to take action!

Wopila tanka — thank you for always standing with Standing Rock.
Chase Iron Eyes
Co-Director and Lead Counsel
The Lakota People’s Law Project

Protect the Indian Child Welfare Act

Lakota Law

As we’ve been reporting to you for some time, Big Oil’s most powerful attorneys are attacking the Indian Child Welfare Act (ICWA) at the Supreme Court level. The legal effort is being led by Gibson Dunn, a firm notorious for helping fossil fuel goliaths evade environmental protections. With the Brackeen v. Haaland lawsuit, Gibson Dunn is attempting to eliminate tribes’ rights to keep Native kids in Native care. As you know, Lakota Law is fighting back against this frightening attack on Indigenous sovereignty.

We’re preparing an amicus curiae brief — more details on that below — for the Supreme Court’s consideration during its next session. We also recently had a strategy meeting in New York City with attorney Steven Donziger, another of Gibson Dunn’s targets. On behalf of Indigenous People in the Amazon, Donziger won a landmark judgment against Chevron for dumping billions of gallons of toxic waste into the rainforest. Gibson Dunn then used every dirty trick in the book to turn the tables on him, and now he’s been under house arrest for years. We’ll work to connect Steven to resources that can help him find solutions to his legal problems.

Lakota Law

In South America and North America alike, as Indigenous people, we’ve seen a blatant disregard for our lives played out for hundreds of years. That’s why we’re doing everything we can to ensure ICWA is protected, right now. We know this law inside and out. Former South Dakota Senator James Abourezk, who chairs Lakota Law’s Board of Advisors, was the principal author of ICWA, and a decade ago we were contacted by the Justice Department to propose implementation guidelines.

Our amicus brief will make three arguments designed to counter flawed positions taken by Gibson Dunn and the rest of the opposition’s legal team. First, our lawyers will explain that granting tribes the sovereign right to determine what happens to their children is not reverse racism. Second, we will say there is no violation of the U.S. Constitution or the Tenth Amendment when states are required to enforce federal law. And finally, federal, executive branch agencies — in this case, the Bureau of Indian Affairs — must be able to publish and enforce rules and regulations under their purview.

ICWA is a well-intentioned, well-written law with enforcement guidelines we know to be solid. Since going into effect more than 40 years ago, it has helped countless children remain with family, live healthy lives, and maintain a deep understanding of who they are and where they’re from. We can’t go back to the days of government-mandated mass cultural erasure. We must continue to stand together for the Earth and our future generations against the fossil fuel industry and its high-powered attorneys, whatever the costs. It’s up to all of us, and your friendship and care mean we can keep fighting for justice, every day.

Wopila tanka — thank you for supporting our legal work!
Chase Iron Eyes
Co-Director and Lead Counsel
The Lakota People’s Law Project