Regarding Mascots

Lakota Law

This year has called on us to respond with unprecedented creativity to unprecedented challenges. We’ve had to use the platforms we have to think big, make bold statements, and create rapid change. That’s why I was so heartened last week to see players in the National Basketball Association (NBA) take their position and influence seriously. After a police officer shot yet another black man — Jacob Blake — seven times in the back, players refused to take the court for their playoff games. Then they met, formed a plan, and got buy-in from team owners and the league to use NBA arenas as polling places and voting centers in November.

Unfortunately, no other American pro sports league approaches the NBA’s level of social justice awareness. Just weeks ago, after years of pressure, Washington, D.C.’s pro football team finally announced it would change its name from the most offensive in all of sports. But sports mascots and branding appropriated from Native culture are still all too common. This includes the Superbowl champion Kansas City Chiefs and baseball’s Atlanta Braves. Please sign and share our petition to change offensive sports mascots and branding, and watch my video about why it’s so important.

Lakota Law

So many people watch and participate in sports, on every level from little league to the pros. Offensive team names, mascots, and logos impact all of us from a young age. Minor league baseball teams and college programs — like the Florida State Seminoles, whose fans often display the offensive “tomahawk chop” in stadiums — are guilty, just like the pros. A long time ago, I did all I could to help change my own alma mater’s nickname from the North Dakota State Fighting Sioux to the Fighting Hawks. Now I can be proud of my school.

These symbols rely upon stereotypes which demean Native culture and have real, negative effects on Indigenous children. Their continued existence perpetuates bullying and alienation. 

Now, the NBA has shown a new way for sports to approach social justice. And the players’ solution — making voting in black and brown communities easier — is wonderful. On that subject, I urge you also to read about our effort, in concert with the Standing Rock Sioux Tribe and two members of Congress, to pass the Native American Voting Rights Act. We stand in solidarity with the NBA players. Let’s increase turnout from communities of color, this November and beyond. Our voices must be heard!

Wopila tanka — my gratitude for your continued action!

Chase Iron Eyes
Lead Counsel
The Lakota People’s Law Project

DAPL parent company vows to defy court order

DAPL parent company vows to defy court order
Thu, Jul 9, 2020 3:20 pm
Madonna Thunder Hawk, Lakota Law (info@lakotalaw.org)To:you Details

Inconceivable! Energy Transfer Partners (ETP)—the parent company to the Dakota Access Pipeline—just announced that they will ignore Judge James Boasberg’s order to shut down oil flow through the pipeline by August 5th. An ETP spokesperson said in a statement yesterday: “We are not shutting down the line. We believe Judge Boasberg has exceeded his authority and does not have jurisdiction to shut down the pipeline.” Outrageous!

Will you stand with us against Big Oil’s lawlessness by making a donation today?

Perhaps they’re taking their inspiration from the father of the Trail of Tears, Andrew Jackson. In response to the 1832 Supreme Court decision that established tribal sovereignty in the U.S. — Worcester vs. Georgia — President Jackson declared: “[Chief Justice] John Marshall has made his decision. Now let him enforce it.”

But this is not 1832. And no matter how much Trump may want to do his best Andrew Jackson impersonation, we will not let him. We will not let this corporation, this pipeline, or this President trample on our sovereignty. It’s time to keep Indigenous voices as strong as possible in our collective defense of Mother Earth.

Standing Rock Protest Video

In 2016-17, more than ten thousand people of conscience traveled to Standing Rock to exercise grassroots power over commercial disregard for basic rights. We will stand again like this if we have to. And the Lakota Law legal team will explore options for submitting more amicus briefs to support Standing Rock and EarthJustice in court. One way or another, we won’t permit ETP to unilaterally disregard judicial decisions designed to protect Native health and sovereignty on treaty land. We will go toe to toe with Big Oil, and this time we will have the Constitution — not just Natural Law — clearly behind us.

Wopila — I thank you for your solidarity!

Madonna Thunder Hawk
Cheyenne River Organizer
The Lakota People’s Law Project

P.S. You can ensure that our response to  this imminent threat from Energy Transfer Partners and the Trump administration is strong. Please give today so we can do the legal work and grassroots organizing needed to help our movement win!

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

The Lakota People’s Law Project is part of the Romero Institute, a nonprofit 501(c)(3) law and policy center. All donations are tax-deductible.

More Good News!

I have great news: this morning, District Court Judge James Boasberg ordered the Dakota Access Pipeline (DAPL) to be shut down within 30 days! In this momentous ruling, Judge Boasberg found that the Army Corps of Engineers failed to fully consider the environmental impacts of Energy Transfer’s crude oil pipeline, and that there were too many safety concerns to allow its continued operation. While this order only shuts DAPL down for 13 months while the Army Corps completes additional environmental assessments and safety planning, there is a good chance that when the oil is drained in 30 days, that oil will never flow again!

Lakota LawShares in DAPL’s parent company—Energy Transfer Partners—dropped 7% today.

We commend the Standing Rock Sioux Tribe, the Cheyenne River Sioux Tribe, and their legal team at EarthJustice for years of dedication and persistence in this struggle to defang the Black Snake. And we are proud of the amicus brief that our legal team submitted in the lead up to this decision. We’re also elated that Judge Boasberg cited many of the questions we and our allies have raised since the beginning of the NoDAPL struggle. First, that it’s simply wrong to conduct an environmental assessment of a pipeline after it’s already been built. Second, that DAPL’s leak detection abilities are so poor it could be leaking more than 6,000 barrels of oil every day without detection, and Energy Transfer’s abysmal pipeline safety record raises that risk even further. Third, that there is no proper cleanup plan for a wintertime spill, when freezing Dakota winters make response the most difficult. Boasberg even went one step further, concluding that the drop in oil demand due to the COVID-19 pandemic makes shutting down the pipeline now less harmful to North Dakota’s economy.

So what comes next? First, Energy Transfer has to drain and shut down DAPL by August 6th. The Army Corps of Engineers then has 13 months to further study potential pipeline leaks and the dangers they pose. This ruling could still be appealed in the Federal District Court of D.C., but our analysis tells us that such an appeal is unlikely to succeed.

Thank you to each and every one of you for your tireless support, and for staying with us throughout this journey.

Wopila tanka — Thank you for standing with us to protect our water, our land, and our families!

Madonna Thunder Hawk
Cheyenne River Organizer
The Lakota People’s Law Project

P.S. This has truly been a week of good news: just yesterday the Atlantic Coast Pipeline, slated to run from West Virginia to North Carolina, was canceled. In a joint statement, Dominion Energy and Duke Energy cited ongoing delays, expected cost increases, and legal challenges from environmental and other groups as threats to the project’s viability. The trend away from fossil fuels is becoming stronger with each passing day, thanks to your activism and the support of so many others like you.

 

More about this:

FOR IMMEDIATE RELEASE
July 6, 2020
CONTACT:
Great Plains Tribal Chairman’s Association
NCAI Press
Mauda Moran
Great Plains Tribes Win Important Legal Fight to Protect Tribal Water and Treaty Resources
The Great Plains Tribal Chairmen’s Association (GPTCA), the Native American Rights Fund (NARF), and the National Congress of American Indians Fund (NCAI Fund) applaud the D.C. District Court’s decision today to vacate the U.S. Army Corps of Engineers’ Lake Oahe easement for the Dakota Access Pipeline, and to require the removal of all oil flowing through the pipeline by August 5, 2020. This decision ensures that the treaty-reserved rights of the plaintiff tribes – the Standing Rock Sioux Tribe, the Cheyenne River Sioux Tribe, the Yankton Sioux Tribe, and the Oglala Sioux Tribe – are adequately addressed, along with any other land and natural resource considerations, in a full-fledged and well-documented environmental review process.
GPTCA, NARF, and NCAI Fund participated in a coalition of Native organizations submitting an amicus brief in support of the plaintiff tribes during the latest proceedings in the D.C. District Court and are encouraged by this outcome. We hope that this decision helps pave the way for full and proper environmental impact studies as well as meaningful consultation with tribal nations that have direct or indirect stewardship over the lands under review. Our organizations will continue to work to ensure that every time tribal lands and resources are at stake, the environmental review processes meet all legal standards and respect the federal government’s trust obligations to tribes set forth in federal laws.
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About the Great Plains Tribal Chairman’s Association:
Great Plains Tribal Chairman’s Association is made up of the 16 Tribal Chairmen, Presidents, and Chairpersons in the states of North Dakota, South Dakota, and Nebraska. Their purpose is to provide a forum for sharing information on matters of interest to its member Tribes, develop consensus on matters of mutual importance, assist member Tribes in their governmental and programmatic development consistent with their goals for self-determination, and self-sufficiency and provide for effective public relations and education program with non-Indian communities. For more information, please visit http://gptca.net/index.html
About the National Congress of American Indians:
Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit www.ncai.org.
About the Native American Rights Fund:
Founded in 1970, NARF is the oldest and largest non-profit dedicated to asserting and defending the rights of Indian tribes, tribal organizations, and individual Indians nationwide. For the past 50 years, NARF has represented over 275 Tribes in 31 states in such areas as tribal jurisdiction, federal recognition, land claims, hunting and fishing rights, religious liberties, and voting rights. For more information, visit www.narf.org.

 

Good News! from Mother Jones

I know, I know, it seems like there is no good news to be found, but do not give up the fight, here is some good news: https://www.motherjones.com/environment/2020/07/the-atlantic-coast-pipeline-has-been-canceled/

The Atlantic Coast Pipeline Has Been Canceled

Despite the Supreme Court win last month, the energy companies are abandoning the project.

Protesters gather in 2017 at the Virginia Department of Environmental Quality Harrisonburg office in Harrisonburg, Virginia, to speak out against the Atlantic Coast and Mountain Valley pipelines.Daniel Lin/AP

For indispensable reporting on the coronavirus crisis and more, subscribe to Mother Jones’ newsletters.

The Atlantic Coast Pipeline has been canceled, energy companies leading the project announced Sunday, citing “litigation risk” and uncertainty about the financial viability of the project.

The decision to abandon the pipeline is a win for Native American groups and environmentalists, who argued in a Supreme Court case last month that the pipeline was moving forward under an invalid permit issued by the US Forest Service, in addition to presenting a threat to the ecosystem and scenery. The proposed, 600-mile pipeline would have crossed the 2,200-mile Appalachian Trail, which runs through 14 states between Georgia and Maine. Ultimately, the court ruled in favor of the pipeline companies last month, upholding the permit.

On Twitter, Bill McKibben, founder of environmental group 350.org called Sunday’s announcement “enormous” and thanked the “powerful organizing by tens of thousands of great activists” who opposed the project. Former Vice President Al Gore, who also opposed the pipeline, echoed that sentiment in a statement, saying the move was a “testament to the power that exists in frontline communities across our nation.”  (Activists are still fighting the nearby Mountain Valley Pipeline.)

Energy companies Dominion Energy and Duke Energy announced the Atlantic Coast Pipeline in 2014, and although they had already invested more than $3 billion into it, according to the Wall Street Journal, it would have cost an estimated $8 billion in total had it moved forward. “This announcement reflects the increasing legal uncertainty that overhangs large-scale energy and industrial infrastructure development in the United States,” Dominion CEO Thomas Farrell II and Duke Energy CEO Lynn Good said in a statement Sunday. “Until these issues are resolved, the ability to satisfy the country’s energy needs will be significantly challenged.”

Chehalis v. Mnuchin

NCAI Statement on the Negative Decision in
Chehalis v. Mnuchin
WASHINGTON, D.C. | The National Congress of American Indians (NCAI) is extremely disappointed in today’s decision by the D.C. District Court in Confederated Tribes of the Chehalis Reservation v. Mnuchin.
Although the Court acknowledged that Alaska Native Corporations (ANCs) “are not federally recognized Indian tribes but are for-profit corporations established by Congress under the Alaska Native Claims Settlement Act”, and explicitly limited its decision to “the status of ANCs under [the Indian Self-Determination and Education Assistance Act] and the [Coronavirus Aid, Relief, and Economic Security Act]”, today’s decision would result in critical congressional funding intended for Indian tribal governments being diverted to state chartered corporate entities with no governance authority and no governmental duties to tribal citizens in Alaska.
NCAI continues to believe that Congress intended for Title V CARES Act funding to be distributed to Indian tribal governments.
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About the National Congress of American Indians:
Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit www.ncai.org.

Siberian Fuel Leak

https://indiancountrytoday.com/outside/putin-declares-emergency-after-siberia-fuel-leak-O-0pNaAH5EWPqQiwJP7tXg

Joaqlin Estus

Diesel pollutes waters that will drain into the Arctic Ocean
MOSCOW (AP) – Russian President Vladimir Putin has declared a state of emergency in a region of Siberia after an estimated 20,000 tons, or 5.7 million gallons, of diesel fuel spilled from a power plant storage facility and fouled waterways.

The spill took place Friday at a power plant in an outlying section of the city of Norilsk, 2900 kilometers (1800 miles) northeast of Moscow.

Booms were laid in the Ambarnaya River to block the fuel. The river feeds a lake from which springs another river that leads to the environmentally delicate Arctic Ocean. The area where the spill occurred is closer to the traditional homelands of the Nenets and northern Norway than Alaska. However, the fish and marine mammals of the Arctic Ocean and its interrelated coastal seas are an important source of food for Inuit and other Arctic Indigenous peoples.Siberia

Telemedicine

https://indiancountrytoday.com/news/pandemic-broadens-use-of-telemedicine-in-indian-country-and-beyond-BJbQHsMWp0i-LpADXGuRiQ?utm_source=maven-coalition&utm_medium=salish&utm_campaign=email&utm_term=notification&utm_content=unread-notification

 

https _images.saymedia-content.com_.image_MTcyNDAwOTY1OTc3MTIyMzA0_anthc_telehealth1

‘It’s going to be a very integral part of how we move forward with medicine’

Joaqlin Estus

Indian Country Today

The COVID-19 pandemic has prompted countless changes. One that’s likely to stick is the more common use of telecommunications in the health field.

Both telemedicine, or the delivery of clinical care by telephone or the internet; and telehealth, which includes training, education and other communications; already play a bigger role than before the pandemic.

“In our practice, we never used telehealth before two months ago, and now I feel like I’m almost a mini expert in telehealth,” said Dr. Joseph Bell, Lummi, a pediatrician with the Spartanburg Regional Medical Center in South Carolina.

Tragic News

https://www.theguardian.com/world/2020/apr/29/coronavirus-andrea-circle-bear-federal-prison-death

I write to you today with sad news that highlights so many of the layers of injustice we face as Native people.

Here at the Lakota People’s Law Project, we’ve seen a lot and worked hard to address a variety of important issues over the past 15 years — among them criminal justice reform for American Indians. Now, in the coronavirus era, this problem has raised its ugly head again: a 30 year-old woman from my tribal nation, the Cheyenne River Sioux Tribe, died in federal custody in a Texas prison on Tuesday, Apr, 21, just three weeks after giving birth. The cause of her death? COVID-19.

Lakota Law
Andrea Circle Bear and her newborn.

How is it that one of our tribal members was taken from my homelands into custody by South Dakota state officials bent on ignoring the threat of coronavirus, and then shipped to a prison in another state that also ignores science — Texas — where she contracted a preventable disease that killed her?

At no point in this process did Andrea have the power to protect herself — an age-old crisis here in Indian Country: lack of sovereignty. Who will someday explain to Andrea’s infant child how and why her mother died in the hands of the enemy?

For a fuller picture of the circumstances surrounding Andrea’s premature and avoidable death, I encourage you to read this chilling article in The Guardian.

Andrea’s tragic story shows why your attention to our Indigenous communities is so important. In the coming days, the Lakota People’s Law Project media team will work with journalists to ensure they have support on the ground as they uncover what happened to Ms. Circle Bear. Moreover, we will redouble our efforts to resist willful ignorance in states like South Dakota and Texas in the face of this pandemic, and we’ll work in every way we can to strengthen tribal nations. We live in poverty and we are vulnerable, but we know how to fight.

Please stay with us. With courage, everything is possible.

Wopila — My gratitude for your solidarity,

Madonna Thunder Hawk
Cheyenne River Organizer
The Lakota People’s Law Project

Regarding DAPL/COVID-19

As the COVID-19 pandemic continues to spread throughout the nation, we’re aware that it could have an outsized impact on Indian Country. Relief programs may not provide needed tests and medical supplies for us — or anyone — on an appropriate scale. Please know we are monitoring this, and as my colleague Chase Iron Eyes mentioned a few days ago, we’ll keep you updated on developments. May we all stay safe and healthy.

In the meantime, I write with some wonderful news. Just yesterday, Standing Rock won a big victory in the ongoing legal battle against the Dakota Access pipeline when a federal judge granted the tribe’s request to strike down DAPL’s federal permits!

Lakota Law

Thank you for all you have done to aid our struggle! Today I ask that you take a few moments to watch our video about the win in court and send a note of solidarity to Standing Rock. I will deliver your messages to the tribal chairman and tribal council. This is a big moment!

The judge ruled that Trump’s Army Corps of Engineers must complete a full Environmental Impact Statement (EIS) — the much more comprehensive review we’ve all been demanding since the beginning of this movement (and that President Obama required, only to be reversed by Trump). The Corps fell short in three specific ways, according to the judge.

First, the Corps failed to respond adequately to claims by the tribe’s experts that DAPL’s leak detection system is wholly inadequate. Second, the company’s dreadful history of oil spills wasn’t properly addressed. Finally, the oil company failed to account for the adverse repercussions a “worst case discharge” might have on our treaty rights — our ability to hunt, fish, and perform traditional religious ceremonies near Lake Oahe, which the pipeline crosses under.

I was asked by the tribal chairman to represent Standing Rock’s interests at the hearing in Washington, D.C., but I couldn’t go because of Coronavirus travel restrictions. I’m gratified that, despite our troubles, we have been victorious, at least for now.

The logic of the judge’s ruling suggests the pipeline should not remain operational without a federal permit. The ruling actually references both the Titanic and Chernobyl concerning the possibility of human error, and I’m hopeful shutting down the flow will be the judge’s next step. He has now requested legal briefs on that issue.

Please stay tuned, as we hope to share more good news soon. In the meantime, stay safe and please listen to the medical professionals with knowledge about the requirements of this pandemic. We’re all in this together.

Wopila tanka — as always, we’re so grateful to you for standing with Standing Rock and Mother Earth.

Phyllis Young
Standing Rock 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

The Lakota People’s Law Project is part of the Romero Institute, a nonprofit 501(c)(3) law and policy center. All donations are tax-deductible.