Deb Haaland

https://www.commondreams.org/views/2021/03/18/deb-haaland-leading-interior-department-perhaps-united-states-has-begun-grow

Published on Thursday, March 18, 2021 by Common Dreams

With Deb Haaland Leading the Interior Department, Perhaps the United States Has Begun to Grow up Ecologically

It’s definitely time for an enormous shift in the consciousness of those who see themselves as exceptional and believe they’re in charge of the planet.byRobert C. Koehler

Is it possible that the country is truly rebuilding itself . . . from the soul up?

Deb Haaland has been confirmed as head of the Department of the Interior. A Native American congresswoman and, as she describes herself, 35th-generation New Mexican, has been given the reins of the department that has essentially been at war, not simply with her people but with the planet itself and, therefore, all of us, pretty much since its inception. That is to say, the department’s values are those the European colonialists brought with them to the new continent: steal the land from those who live there, then proceed to exploit it.

Texas Storms

Tribes survive Texas storms

Snow covered road near Alabama Coushatta Tribe of Texas (photo courtesy of Herbert Johnson Jr.)

Mary Annette Pember

Polar vortex hits areas unaccustomed to cold weather

Mary Annette Pember
Indian Country Today

Many across the country are battling the aftermath of a Feb. 13 winter storm as nearly 3.4 million customers around the U.S. are still without electricity or heat. The demand for power overwhelmed power grids unprepared for climate change.

Temperatures hovered in the single digits as snow and ice storms hit parts of Texas where winter temperatures seldom fall below 40 degrees.

The latest storm front was expected to bring more hardship to Texas, Arkansas and the Lower Mississippi Valley before moving to the Northeast on Thursday, according to the Associated Press.

“Most people here have electric stoves so there’s no way to heat or cook food; they heat their homes with electric heat, so there’s no heat,” said Ashley Fairbanks, White Earth Nation.

Originally from Minnesota, Fairbanks lives in San Antonio, where winter temperatures usually hover around 70-80 degrees. On Wednesday morning the temperature was around 28 degrees, she said.

“It got down to 6 degrees during the storm; the week before it was like 80 degrees,” she said

“The ice on roads finally melted today so we left the house in search of food. It really is like the end times out here.”

Customer lines at fast food establishments snaked around city blocks and half of San Antonio’s restaurants were closed; grocery stores have run out of essential food and many are closed, Fairbanks said.

“There’s really no letup to some of the misery people are feeling across that area,” said Bob Oravec, lead forecaster with the National Weather Service, referring to Texas.

At least 30 people have died in the extreme weather this week, some while struggling to find warmth inside their homes. In the Houston area, one family succumbed to carbon monoxide from car exhaust in their garage. Another perished as they used a fireplace to keep warm.

APTOPIX_Winter_Weather_Texas_21047602785302
City of Richardson worker Kaleb Love breaks ice on a frozen fountain Tuesday, Feb. 16, 2021, in Richardson, Texas. Temperatures dropped into the single digits as snow shut down air travel and grocery stores. (AP Photo/LM Otero)

Record low temperatures were reported in city after city. Scientists say the polar vortex, a weather pattern that usually keeps to the Arctic, is increasingly spilling into lower latitudes and sticking around longer, and global warming caused by humans is partly responsible.

Utilities from Minnesota to Texas and Mississippi have implemented rolling blackouts to ease the burden on power grids straining to meet extreme demand for heat and electricity. In Mexico, rolling blackouts Tuesday covered more than one-third of the country after the storms in Texas cut the supply of imported natural gas.

Tribes in Texas are working together and handling the challenges well, according to tribal leaders from the Alabama-Coushatta Tribe of Texas, the Tigua Ysleta Del sur Pueblo and the Lipan Apache Tribe contacted by Indian Country Today.

“Native people are extremely resilient. We’re all kind of tired of the cold weather, but we’re hunkered down and staying warm; at first it was beautiful but now we’re kind of done,” said Christi Sullivan, director of media and communications for the Alabama-Coushatta Tribe of Texas.

About 600 of the 1,375 tribal citizens live on reservation land about 90 minutes north of Houston.

“We urged people to prepare for the weather before it hit; one of our main concerns is our elders. We are calling and checking in on everyone making sure they’re okay,” said Sullivan.

Fortunately, only a portion of the reservation has been hit by the rolling electricity blackouts.

“So far, everyone is safe,” Sullivan said.

The worst U.S. power outages by far have been in Texas, where officials requested 60 generators from the Federal Emergency Management Agency and planned to prioritize hospitals and nursing homes.

The state opened 35 shelters to more than 1,000 occupants, the agency said.

Texas’ power grid manager, the Electric Reliability Council of Texas, said electricity had been restored to 600,000 homes and businesses by Tuesday night. Many, however, remain without power.

The weather also caused major disruptions to water systems in the Texas cities of Houston, Fort Worth, Galveston, Corpus Christi and in Memphis, Tennessee, and Shreveport, Louisiana, where city fire trucks delivered water to several hospitals and bottled water was being brought in for patients and staff, KSLA News reported. In Houston, residents were told to boil their water — if they had power to do so — because of a major drop in water pressure linked to the weather.

In Abilene, Texas, firefighters were hampered by low water pressure as they tried to extinguish a house fire this week, the Abilene Reporter News reported.

“They had to watch that house burn,” City Manager Robert Hanna said Tuesday at a news conference.

“Last night we were lying in bed without power and we could hear emergency sirens going all night long,” Fairbanks said.

The Texas power blackouts could be a glimpse of the future as climate change intensifies winter extremes that overwhelm utility infrastructures unable to handle unseasonable demands, according to the New York Times.

“Hey, we’re not built for this,” said Robert Soto, vice chair of the Texas state recognized Lipan Apache Tribe of Texas.

The tribe’s headquarters is based in McAllen, just north of Reynosa, Mexico, and near the Gulf of Mexico.

“Homes here aren’t built to handle the cold; for us a cold front is around 60 degrees. With this storm it’s been in the single digits and the 20s,” he said.

Thankfully everyone is safe, according to Soto.

The greatest needs for the tribe now are food and water. “We’re delivering food and water when and where we can; we don’t have a lot of funds but we’re doing the best we can,” Soto said.

Temperatures are expected to rise to the 70s by the weekend.

“We’ll be enjoying life and happy again; in the meantime please keep us in your prayers.”

ICT Phone Logo

Mary Annette Pember, a citizen of the Red Cliff Ojibwe tribe, is a national correspondent for Indian Country Today.

The Associated Press contributed to this report.

Dam Demolition

Deal revives plan for largest US dam demolition

“At its heart, dam removal is about healing and restoration for the river, for the salmon, and for our people,” Yurok Tribe chairman Joseph James said. “We have never wavered from this obligation, and we are pleased to see dam removal come closer to reality through this agreement.”

In this March 3, 2020, file photo, is the Iron Gate Dam, powerhouse and spillway are on the lower Klamath River near Hornbrook, Calif. (AP Photo/Gillian Flaccus, File)

The Associated Press

Nov 17, 2020

Tribes hope the dam removal will allow the salmon to come back

Gillian Flaccus
Associated Press

PORTLAND, Ore. — An agreement announced Tuesday paves the way for the largest dam demolition in U.S. history, a project that promises to reopen hundreds of miles of waterway along the Oregon-California border to salmon that are critical to tribes but have dwindled to almost nothing in recent years.

If it goes forward, the deal would revive plans to remove four massive hydroelectric dams on the lower Klamath River, emptying giant reservoirs and reopening potential fish habitat that’s been blocked for more than a century. The massive project would be at the vanguard of a trend toward dam demolitions in the U.S. as the structures age and become less economically viable amid growing environmental concerns about the health of native fish.

Previous efforts to address problems in the Klamath Basin have fallen apart amid years of legal sparring that generated distrust among tribes, fishing groups, farmers and environmentalists. Opponents of dam removal worry about their property values and the loss of a water source for fighting wildfires.

“It is bleak, but I want to have hope that with dam removal and with all the prayers that we’ve been sending up all these years, salmon could come back. If we just give them a chance, they will,” said Chook Chook Hillman, a Karuk tribal member who’s been fighting for the dam removal for years. “If you provide a good place for salmon, they’ll always come home.”

A half-dozen tribes spread across Oregon and California, fishing groups and environmentalists had hoped to see demolition work begin as soon as 2022. But in July, U.S. regulators stalled those plans when they questioned whether the nonprofit entity formed to oversee the project could adequately respond if there were cost overruns or accidents.

The new plan makes Oregon and California equal partners in the demolition with the nonprofit entity, called the Klamath River Renewal Corporation, and adds $45 million to the project’s $450 million budget to ease those concerns. Oregon, California and the utility PacifiCorp, which operates the hydroelectric dams and is owned by billionaire Warren Buffett’s company Berkshire Hathaway, will each provide one-third of the additional funds.

Parties to the new agreement shared details with The Associated Press in documents and interviews ahead of a news conference scheduled Tuesday.

The Federal Energy Regulatory Commission must approve the deal. If accepted, it would allow PacifiCorp and Berkshire Hathaway to walk away from aging dams that are more of an albatross than a profit-generator, while addressing regulators’ concerns. Oregon, California and the nonprofit would jointly take over the hydroelectric license from PacifiCorp until the dams are decommissioned, while the nonprofit will oversee the work.

Buffett called the reworked deal a solution to a “very complex challenge.”

“I recognize the importance of Klamath dam removal and river restoration for tribal people in the Klamath Basin,” Buffett said in a statement. “We appreciate and respect our tribal partners for their collaboration in forging an agreement that delivers an exceptional outcome for the river, as well as future generations.” 

Removed would be the four southernmost dams in a string of six constructed in southern Oregon and far Northern California beginning in 1918. 

They were built solely for power generation. They are not used for irrigation, not managed for flood control and have no “fish ladders,” or concrete chutes that fish can pass through. 

They have blocked hundreds of miles of potential fish habitat and spawning grounds, and fish populations have dropped precipitously in recent years. Salmon are at the heart of the culture, beliefs and diet of a half-dozen regional tribes, including the Yurok and Karuk — both parties to the agreement — and they have suffered deeply from that loss.

Coho salmon from the Klamath River are listed as threatened under federal and California law, and their population in the river has fallen anywhere from 52 percent to 95 percent. Spring chinook salmon, once the Klamath Basin’s largest run, has dwindled by 98 percent.

Fall chinook, the last to persist in any significant numbers, have been so meager in the past few years that the Yurok canceled fishing for the first time in the tribe’s memory. In 2017, they bought fish at a grocery store for their annual salmon festival.

“At its heart, dam removal is about healing and restoration for the river, for the salmon, and for our people,” Yurok Tribe chairman Joseph James said. “We have never wavered from this obligation, and we are pleased to see dam removal come closer to reality through this agreement.” 

PacifiCorp has been operating the dams under an extension of its expired hydroelectric license for years. The license was originally granted before modern environmental laws and renewing it would mean costly renovations to install fish ladders. The utility has said energy generated by the dams no longer makes up a significant part of its portfolio.

In the original deal, PacifiCorp was to transfer its license and contribute $200 million to bow out of the removal project and avoid further costs and liability. An additional $250 million comes from a voter-approved California water bond.

U.S. regulators, however, agreed only on the condition that PacifiCorp remain a co-licensee along with the Klamath River Renewal Corporation — a nonstarter for the utility.

Residents have been caught in the middle. As tribes watched salmon dwindle, some homeowners around a huge reservoir created by Copco Dam, one of those slated for removal, have sued to stop the demolition. 

They say their waterfront property values are already declining because of news coverage associated with demolition and they worry about losing a water source for fighting wildfires in an increasingly fire-prone landscape. Many also oppose the use of ratepayer funds for the project.

On Tuesday, some Oregon lawmakers issued statements saying Gov. Kate Brown had violated her authority by authorizing the deal without legislative approval.

Further upstream, farmers who rely on two other dams are watching carefully. The removal of the lower four dams won’t affect them directly, but they worry it could set a precedent for dam removal on the Klamath.

More than 1,720 dams have been dismantled around the U.S. since 2012, according to American Rivers, and 26 states undertook dam removal projects in 2019 alone. The Klamath River project would be the largest such project by far if it proceeds.

A Pipeline Denied

Mountain Valley Pipeline Water Permit Denied

By Lisa Sorg, NC Policy Watch.

| Resist!

https://popularresistance.org/mountain-valley-pipeline-water-permit-denied/

Division of Water Resources cites doubts about MVP Mainline project, says construction in NC could cause “unnecessary water quality impacts.”

This is a developing story and will be updated.

Another natural gas pipeline in North Carolina has been derailed, at least temporarily, as the North Carolina Department of Environmental Quality has denied a water quality permit for the MVP Southgate project that would route through Rockingham and Alamance counties.

In a letter released this afternoon, Division of Water Resources Director Danny Smith wrote, “Due to uncertainty surrounding the completion of the MVP Mainline project,” it has determined that “work on the Southgate extension could lead to unnecessary water quality impacts and disturbance of the environment in North Carolina.”

Owned by Pittsburgh-based EQM Midstream Partners, MVP Southgate is an extension of the main MVP natural gas pipeline, which starts at a fracked gas operation in northern West Virginia and ends in Chatham, Va.

MVP Southgate would run from Chatham, Va., and enter North Carolina near Eden, in Rockingham County. From there, it would route nearly 50 miles southeast, cutting through Alamance County and ending in Graham. Construction costs are roughly $470 million.

In total, the southern portion would cross 207 streams, three ponds and  temporarily affect 17,726 linear feet of streams, 6,538 square feet of open waters, and 14 acres of wetlands; another 0.02 of an acre of wetlands would be permanently damaged. Nearly 14 acres of riparian buffers would also be affected. MVP Southgate would cross the Dan River, home to endangered and threatened species, and Stony Creek Reservoir, the main drinking water supply for the City of Burlington.

The division also denied a Jordan Lake Riparian Buffer Authorization. Such an authorization would be required because the route is within the sensitive Jordan Lake watershed, which includes the Haw River.

MVP Southgate is an extension of the controversial main Mountain Valley Pipeline project, which runs for 303 miles from a fracked gas operation in northern West Virginia to southern Virginia. The mainline has racked up hundreds of environmental violations and prompted state and federal regulators to issue dozens of stop-work orders. Construction on the main line is currently halted, per a FERC stop-work order. That project’s costs have ballooned to $6.2 billion.

“Division staff have determined the Southgate project’s sole utility and purpose is tied to and wholly relies on the completion of the entire Mainline project,” today’s letter reads. “The uncertainty of the MVP Mainline Project’s completion presents a critical risk to the achievability of the fundamental purpose of MVP Southgate,” it continued.

Most of the environmental harm would occur during construction, the division wrote, adding that it “finds it is inappropriate to unnecessarily risk impacting high-quality waters and drinking water supplies of North Carolinians.”

Examples of this harm can be seen in the wake of construction of the now-defunct Atlantic Coast Pipeline, which destroyed miles of private farmland and forests in several North Carolina counties, Policy Watch reported on July 30. It’s yet unclear how those environmental harms will be remedied.

An EQT spokesperson could not be reached this afternoon for comment about the decision and whether the company would appeal.

Crystal Cavalier, a citizen of the Occaneechi Band of the Saponi Nation, is an indigenous activist. MVP Southgate would run through indigenous family lands, she said. There were also questions of whether Indian burial mounds were located near waterways; several were found along the route of the main line.

“This is huge,” Cavalier said. “I’m so excited that North Carolina is taking a stand for indigenous people. Because once you dig up this land, you can’t renew it.”

Haw Riverkeeper Emily Sutton has co-organized opposition to the MVP Southgate project for more than two years. “We’re so thrilled to hear that DEQ has made the right decision to deny this unnecessary pipeline,” Sutton told Policy Watch. “This pipeline would have destroyed streams and critical habitat throughout the Haw River watershed. This is a win for all of North Carolinians and a step forward in our state’s commitment to limiting our dependence on fossil fuels.”

This is the second time DEQ has denied what’s known as a “401 permit” under the terms of the Clean Water ActLast year the agency rejected the project application because, after repeatedly asking for information for more than six months, DEQ had not received from MVP Southgate a full accounting of stream crossings and other impacts on waterways. Without the additional information, DEQ couldn’t evaluate the application before a federal deadline,

In previous comments to federal regulators, DEQ doubted the necessity of the project. The western and central Piedmont already has access to existing natural gas pipelines; Dominion Energy would be MVP Southgate’s primary customer.

In addition to hundreds of public comments opposing the project, 40 state lawmakers also petitioned DEQ to disapprove it.

DEQ’s decision counters those issued by the Federal Energy Regulatory Commission. FERC approved the project in February and issued it a Certificate of Public Convenience and Necessity in June. However, even FERC, which rarely reins in natural gas projects, issued the certificate on the condition that the main Mountain Valley Project obtain all necessary permits.

In a separate statement, DEQ Secretary Michael Regan said, “Today’s decision to deny the MVP Southgate certification protects North Carolina’s water quality, our natural resources and our communities. DEQ has questioned the need for the MVP Southgate project since our initial comments to FERC. This has always been an unnecessary project that poses unnecessary risks to our environment and given the uncertain future of the MVP Mainline, North Carolinians should not be exposed to the risk of another incomplete pipeline project.

“North Carolina’s clean energy future is not dependent on adding more natural gas infrastructure,” Regan continued. “Projects like this slow down the state’s goal to reduce greenhouse gases under North Carolina’s Clean Energy Plan and our efforts to address climate change under Executive Order 80. We should invest in clean, renewable energy sources and the economic benefits of energy innovation.”

This recent setback for MVP Southgate, coupled with the cancellation of the Atlantic Coast Pipeline last month, have occurred despite actions by the Trump administration to roll back environmental regulations to ease the way for natural gas projects.

On June 1, President Trump signed an executive order to fast-track energy projects like natural gas pipelines, undoing key components of longstanding environmental law. States can no longer consider any factors except water quality in acting on a 401 permit. For example, if DEQ found that the MVP Southgate project would draw down aquifers or reservoirs serving as a drinking water supply — such as Stony Creek Reservoir — that’s a water quantity issue, and could not be considered.

Nor can states cite climate change as a reason to deny a 401 permit.

Natural gas pipelines leak methane, a greenhouse gas and major driver of climate change. The EPA is expected to issue a new rule on methane later this week that weakens environmental protections. Although the exact text of the rule has not been publicly released, The New York Times reported that the EPA will eliminate federal requirements that oil and gas companies must install technology to detect and fix methane leaks from wells, pipelines and storage sites.

Despite the Trump administration’s deregulation, in some cases, court rulings have foiled the EPA. On April 15, the federal District Court for Montana vacated the U.S. Army Corps of Engineers’ nationwide permit; although that permit related to the Keystone XL pipeline, the court’s decision had implications for pipeline projects throughout the U.S., including the ACP and the MVP mainline and Southgate pipelines.

In cancelling the ACP, Dominion Energy and Duke Energy cited the court ruling as one reason it was no longer economically or logistically feasible to continue the project.

Water

https://indiancountrytoday.com/news/group-helps-fill-gaps-in-navajo-nation-water-access-wPob9SSX30Ck3o8wAgmtLw

 

Cronkite News

‘We have to be able to lift each other up; that’s the only way we’re going to make it out of this together’
McKenzie Allen-Charmley
Luce Foundation: Southwest Stories Fellowship

PHOENIX – By now, you’ve probably heard it more times than you can count: One of the simplest ways to reduce the risk of COVID-19 infection is to wash your hands.

But for the nearly one in three Navajo Nation households without indoor plumbing, that’s easier said than done.

“People (here) call it a luxury to be able to have running water,” said Yolanda Tso, a Navajo Nation member and community advocate. “I don’t really believe that should be considered a luxury in this day and age, especially in this country.”

Tso founded WATERED – Water Acquisition Team for Every Resident & Every Diné – to help fill gaps in water access on the reservation, which this summer eclipsed New York in per-capita coronavirus infection rates, according to CNN. She started raising funds to purchase hand-washing stations for families in need in April and began deliveries in June.

Yolanda Tso, founder of the WATERED, demonstrates how to use the hand-washing stations that the organization has provided to more than 110 households in the Navajo Nation by early this summer. (Photo courtesy of Yolanda Tso)
Yolanda Tso, founder of the WATERED, demonstrates how to use the hand-washing stations that the organization had provided to more than 110 households on the Navajo reservation by early this summer. (Photo courtesy of Yolanda Tso)

Tso said she knows her small-scale, donation-dependent operation can’t fix the broader infrastructure problems on Navajo land. In 2018, the Indian Health Service told Congress the tribe had more than $450 million in unfunded water needs.

But she hopes it can help even the playing field for a population infectious disease specialists say has a higher-than-average risk of contracting COVID-19.

“At this moment, it’s going to help people be able to accomplish those goals of protecting themselves,” Tso said.

Impact of federal relief funding unclear

As of Aug. 4, the Navajo Health Department had reported 9,156 confirmed cases of COVID-19 in a population of about 175,000 – more infections per 100,000 residents than any state in the country, according to data from Johns Hopkins University.

The reservation also had a death toll higher than that of 16 U.S. states, with 463 residents lost to the disease by that date.

Navajo officials have proposed spending about $300 million of the $714 million they’ve received in federal CARES Act funding on water infrastructure to help slow the spread of COVID-19, according to a release from Navajo Nation President Jonathan Nez’s office.

But restrictions require officials to spend CARES Act funds by the end of the calendar year, and Navajo officials say it likely would take at least two years to get a substantial water infrastructure project off the ground.

Even if the federal government grants the spending extension Navajo leaders have requested, the extra time would not address the immediate needs of families without running water.

That’s where Tso and other Navajo volunteers come in.

WATERED’s team has delivered hand-washing stations to more than 110 households on the 27,000-square-mile reservation as a stopgap measure, Tso said.

Yolanda Tso (left, in blue) and volunteers unload hand-washing stations for Navajo Nation residents from a delivery truck donated by the moving company State 48. (Photo courtesy of Yolanda Tso)
Yolanda Tso (left, in blue) and volunteers unload hand-washing stations for Navajo Nation residents from a delivery truck donated by the moving company State 48. (Photo courtesy of Yolanda Tso)

The stations include reusable 5-gallon jugs and 5-gallon buckets for catching used water, and WATERED provides liquid hand soap, toilet paper, paper towels and disinfectant.

The group relies on donations to cover supply and travel costs, Tso said, and some local companies have made in-kind contributions to increase WATERED’s efficiency and reach. The Glendale moving company State 48, for instance, provided a delivery truck to transport of the stations.

These families “don’t have the ability to get a main source of stopping the spread of COVID as easily as most other communities,” State 48 owner Amanda Lindsey said.

Pandemic prompts ‘important’ access conversation

Annie Lascoe of DigDeep, a nonprofit that works to address water needs on the reservation and elsewhere, described water access as a “deeply entrenched racial justice issue.”

White households are 19 times as likely as Native households to have running water, according to a 2019 report from DigDeep and the Water Alliance that argued rural and tribal community members “understand the historical barriers to access better than outsiders.”

“When we’re looking at Indigenous peoples’ rights, Indigenous communities around the world are the ones that are preserving all of our natural resources,” Lascoe said, citing the Navajo philosophy of “tó éí ííná” – “water is life.”

Yet Native populations are “the No. 1 communities that are also deeply impacted by entrenched systems that have robbed them of access to those resources,” she said.

Indeed, the U.S. government has repeatedly left tribal officials out of key water-policy negotiations, despite the 1908 Winters Doctrine promising federally reserved water rights to Indigenous communities.

Navajo leaders in recent years have pursued water settlements at the state level in Arizona, Utah and New Mexico, but the Navajo Department of Water Resources continues to point to a “lack of adequate domestic and municipal water” as one of the nation’s biggest challenges.

Tso said she would “would never choose a pandemic to have these conversations,” but “it’s so important for people to understand that even though we live in 2020 and we think of America as this superpower, we still have people who are living in conditions that are subpar.”

“We have to be able to lift each other up,” she said. “That’s the only way we’re going to make it out of this together.”

Cronkite logo bridge

This story is made possible through a partnership between the Walter Cronkite School of Journalism and the Center for the Study of Religion and Conflict at Arizona State University, with the support of the Henry Luce Foundation.

DAPL’s deficient leak detection system

It appears that we’re in for a long, hot summer. People are rising up. Colonizer statues and racist mascots are coming down. And finally, winds of change are making their way to the D.C. courts. As you know, a federal judge ordered the Dakota Access pipeline (DAPL) shut down by Aug. 5, pending environmental review.

Unfortunately, a D.C. court of appeals has granted DAPL operators short term, temporary relief on that order, extending the deadline for the pipeline to be emptied. The verdict, though, maintains the authority to halt operations at any time. In the interim, we’re releasing footage from our Chase Iron Eyes trial archive to illustrate what makes DAPL so dangerous in the first place and why we must keep pushing for it to be shut down for good. You can take a look at our new video about DAPL’s deficient leak detection system, and we hope you will watch and share it with your networks.

Lakota LawEnergy expert Steve Martin of the Chippewa Nation and attorney Peter Capossela explain the constant risks posed by Dakota Access.

Getting down to brass tacks, DAPL’s leak detection system is criminally inadequate. Actually, at the most critical area of stress for the existing pipeline, there isn’t even a detection apparatus in place. So, if and when DAPL springs a leak, oil could seep into the groundwater and rise to the surface before pipeline officials or local residents have any idea something is wrong.

A leak of this type could take place over the course of months, contaminating the water used to grow food and raise children on the nearby Standing Rock Sioux Tribe reservation.

As Indigenous energy executive Steve Martin points out in our video, it’s outrageous that water — the source of all life — isn’t regarded as more sacred. Why do we allow these dangerous pipelines to jeopardize our children’s future? Why is the money made from a barrel of oil more important than my community’s right to clean water and safe food? Not to mention the impacts on climate.

If you’d like to explore the issue further, we’ve also written an in-depth blog on the topic of DAPL’s leak detection system.

We’re in the midst of a great shift. While it didn’t begin with NoDAPL, I know from living at Oceti Sakowin camp for eight months — through police raids, surveillance, and blizzards — that embers from our sacred fires continue to find their way into the current moment. Let’s keep Trump and his oil cronies on the run. Hold the faith. Even bigger change is coming.

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

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.

Regarding the Canadian Pipeline

Pipeline gets green light from Canadian court

Supreme Court of Canada (Creative Commons photo)

The Associated Press

Prime Minister Justin Trudeau’s government approved Trans Mountain in 2016 and was so determined to see it built that it bought the pipeline
Rob Gillies

Associated Press

TORONTO — The Supreme Court of Canada on Thursday dismissed an appeal from British Columbia First Nations against the Trans Mountain pipeline expansion that would nearly triple the flow of oil from the Alberta oil sands to the Pacific Coast

The court dismissed the appeal from the Squamish Nation, Tsleil-Waututh Nation, the Ts’elxweyeqw Tribes and Coldwater Indian Band, effectively ending the years long legal battle over the project.

The pipeline would end at a terminal outside Vancouver, resulting in a sevenfold increase in the number of tankers in the shared waters between Canada and Washington state.

Some First Nations successfully halted federal approval of the project in 2018 when the Federal Court of Appeal said Ottawa had failed to properly consult affected First Nations, which argued that the project would damage their lands and waters.

Tsleil-Waututh Chief Leah George-Wilson and Syeta’xtn of the Squamish Nation will be hosting a virtual news conference later Thursday.

But in February the same court dismissed another challenge by the same groups against the government’s June 2019 decision to approve the project a second time after another round of Indigenous consultation.

As usual, the Supreme Court gave no reasons for Thursday’s ruling.

Prime Minister Justin Trudeau’s government approved Trans Mountain in 2016 and was so determined to see it built that it bought the pipeline.

It still faces stiff environmental opposition from British Columbia’s provincial government but construction is underway. Natural Resource Minister Seamus O’Regan said consultations will continue as construction continues.

“To those who are disappointed with today’s SCC decision — we see and hear you,” O’Regan said in a statement. “The Government of Canada is committed to a renewed relationship with Indigenous people and understands that consultations on major projects have a critical role in building that renewed relationship.”

The pipeline would allow Canada to diversify oil markets and vastly increase exports to Asia, where it could command a higher price. About 99 percent of Canada’s exports now go to refiners in the U.S., where limits on pipeline and refinery capacity mean Canadian oil sells at a discount.

July is the Month of Good News!

It’s time to celebrate for a second day in a row, because we have amazing news from the U.S. Supreme Court. Yesterday late in the day, SCOTUS announced its ruling effectively halting construction of the Keystone XL pipeline (KXL)! Based on the Endangered Species Act, the Supremes upheld a lower court ruling preventing the pipeline from crossing domestic waterways. This is on top of Monday’s court decision to shut down oil flow through DAPL, making yesterday a truly good day for the environment and Indigenous sovereignty.

Lakota Law

Let’s be clear: TC Energy, the pipeline’s operator, is not going to take this lying down. This is not KXL’s death-knell. So, we need to remain vigilant. For now, the Supreme Court has simply let stand U.S. District Court Judge Brian Morris’ injunction against construction while the 9th Circuit Court of Appeals reviews the pipeline company’s appeal.

It’s likely there will be further legal wrangling and attempts by TC Energy to circumvent proper environmental review. We can expect the same from the Trump administration, should Trump be re-elected in November. On the other hand, Joe Biden has publicly pledged that his administration will cancel KXL, should he win the presidency.

For now, we can be thankful. Construction of KXL will remain stopped — a win for Unci Maka, our Grandmother Earth, and for our Lakota families here on the front line. We can be grateful that our people will retain access to clean water and a measure of safety from man camps, which might otherwise have spread COVID-19 and contributed to our epidemic of missing and murdered Indigenous women and girls.

I thank you for standing with us against KXL so far. We’ll keep you informed of all developments going forward — and I hope I can count on you to stay with us, come rain or shine.

Wopila tanka — My sincere gratitude for your spirit and resolve!

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