DAPL and the BAD MAN Clause

Lakota Law

To make the United States honor treaty law and shut down the Dakota Access pipeline (DAPL), Standing Rock and our allies are taking a long look at a new legal offensive based on the Bad Man (or Bad Men) Clause in the 1868 Treaty of Fort Laramie. Check out our blog, and at the top you’ll find the latest chapter of our Dakota Water Wars video series — co-produced as always by Lakota Law, Standing Rock, and the Great Plains Water Alliance — which takes you inside our recent strategy meeting at Standing Rock.

Watch: I joined Chairwoman Janet Alkire at Standing Rock to address our colleagues about pursuing a more aggressive NoDAPL strategy.

As you’re likely aware, DAPL parent company Energy Transfer has a terrible safety record. Today, we share with you testimony from me, Standing Rock Chairwoman Janet Alkire, Great Plains Tribal Water Alliance Director Doug Crow Ghost, and legal and technical experts. You’ll hear about Energy Transfer’s dangerous behavior, including 23 felony citations, and what we plan to do about it.

The clause states that when “bad men among the whites, or among other people subject to the authority of the United States” commit crimes against tribes or our property, the United States must take punitive action against the offenders. Energy Transfer definitely qualifies. To make things worse, DAPL currently operates without a workable emergency response plan in violation of the Clean Water Act, without an easement in violation of the Mineral Leasing Act, and without a valid Environmental Impact Statement (EIS) in violation of the National Environmental Policy Act.

The government should respect its own rules — including treaties, which are some of the original laws of this land. It’s time to hold Big Oil accountable and stop letting fossil fuel giants endanger our people and our world. Very soon now, after much delay, the Army Corps of Engineers will release DAPL’s deeply problematic EIS. They know that when they do, they’re going to hear from us en masse. Please be ready to act, because this fight isn’t over. Through the courts and public pressure, we can still beat the bad men at their own game.

Wopila tanka — thank you, always, for standing with us!
Phyllis Young
Standing Rock Organizer
The Lakota People’s Law Project

Biden´s Lack of Leadership

https://www.nationofchange.org/2021/04/13/biden-refuses-to-shut-down-dakota-access-pipeline/

Calling it a betrayal of his campaign promise, indigenous leaders and campaigners were outraged with President Biden’s refusal to shut down the Dakota Access Pipeline. His refusal came on April 9 when the pipeline was under a court-ordered environmental review.

According to EcoWatch, the hearing took place so the “U.S. Army Corps of Engineers could provide an update on whether the Biden administration planned to allow the pipeline known as DAPL to continue operating without a federal permit.” An attorney for the government said that the Army Corps of Engineers had no intention to shut down the pipeline and instead, “is essentially in a continuous process of evaluating.” So the pipeline was granted a 10-day continuance.

The judge will decide the fate of the pipeline by April 19.

“In a meeting with members of Biden’s staff earlier this year, we were told that this new administration wanted to ‘get this right,’” Mike Faith, chairman of the Standing Rock Sioux Tribe, said. “Unfortunately, today’s update from the U.S. Army Corps of Engineers shows it has chosen to ignore our pleas and stick to the wrong path.”

The DAPL, which began operation in 2017 and carries oil from North Dakota to Illinois, was allowed permission to proceed under the Trump administration after the Obama administration halted the project and denied it permission to cross through ancestral tribal lands at Lake Oahe.

Tribal leaders, environmentalists and campaigners have opposed the pipeline from the start saying the DAPL “violates treaty rights and endangers land, water, and communities.” Opponents of the pipeline were relying on President Biden to order a shut down.

“For hundreds of years, our people have faced unwelcome and deadly incursions upon our homelands,” Phyllis Young, Standing Rock organizer for the Lakota People’s Law Project and former tribal liaison to the Oceti Sakowin protest camp, said. “Today’s decision is disappointing and demonstrates a lack of understanding by Washington politicians for Indigenous sovereignty. We will do our very best to see this pipeline removed, our water protected, and our sacred lands healed.”

Red Fawn Janis

Lakota Law
Lakota Law

My name is Red Fawn Janis. I was born on the Oglala Nation and raised in Denver by my mother — a pipe carrier — and my grandmother. It was a spiritual home. But in 2016, everything changed. After losing both of these powerful women, my guiding lights, I went to Standing Rock to protest the Dakota Access pipeline (DAPL). As you may know, I was subsequently arrested and imprisoned for four and a half years. But today, I am finally home again. And despite the hardships, I would do it all over again.

Because there’s nothing more important than standing up for Unci Maka, our Grandmother Earth. She produces food, shelter, and life. And, at Standing Rock, she produced healing for so many of us. So I ask you today to stand with her, with me, with all our ancestors and relatives. If you have not yet done so, please tell President Biden: end DAPL now. I ask you, humbly, to help stop this pipeline and restore my homelands.

Watch my new video: I give one of my first interviews since my release from prison. I’m headed home!

Going to Standing Rock was a life-changing journey for me and for so many other people. Something deep within us called us there. I remember sitting with Standing Rock members and hippie kids and Black people — so many young ones — all of us together, in the first days, before construction began. We had no idea what was about to happen.

I showed up with about $300 and a couple changes of clothes, planning to be there for a few weeks at most. But I wound up staying, and even If I took a short trip home, I felt called back immediately. We formed not just a movement, but a real community. But, of course, not everyone can be trusted. 

I will share more details with you soon, but what you should know for now is that I met a man who seemed genuine, who helped the elders, who was within a trusted circle. So I couldn’t believe what was happening when it turned out a gun had been planted on me. I’d been set up by the feds. And, after a confrontation with police, I was taken as a political prisoner.

Fortunately, I understand that things happen the way the Creator wants them to. This pivotal time in my life has led to growth and healing, and it’s positioned me to share my perspective with you. For that, I’m grateful. I really believe that I’ve been given my life back. It was the betrayal that blessed me.

Now, I look forward to telling my story in full and finding ways we can work together to protect our Grandmother, her waters, her creatures — all of our sacred relatives. Much will depend upon listening to our elders and supporting our youth. So many of those who came to Standing Rock have found new avenues in life, but others continue to struggle. I ask that you stand with them. Let’s start by defeating DAPL, but let us not stop there. There’s so much we can accomplish by praying together, by listening to one another, by taking united action. In this way, we will properly respect both those who came before us and the generations to come.

Wopila tanka — thank you, always, for standing in solidarity with me and all water protectors!
Red Fawn Janis
In partnership with the Lakota People’s Law Project

Pipeline Hearing Delayed

Lakota Law

On Tuesday, my colleague Madonna Thunder Hawk reported to you that President Biden had requested a 58-day delay for the hearing on the Dakota Access pipeline (DAPL), originally scheduled for Feb. 10. According to multiple reports, that hearing has now been moved to Apr. 9. Perhaps more importantly, the president will meet with Standing Rock Chairman Mike Faith and three other South Dakota tribal leaders this Friday.

Lakota LawIn 2016 and ‘17, tens of thousands joined our NoDAPL protest camps near Standing Rock. In 2021, we must bring the same energy to get President Biden to shut down this illegal pipeline

From my perspective, this is all good news — but any joy we feel should be tempered with renewed vigor. As you’re likely aware by now, we’ve joined a host of other organizations and influencers in supporting the Standing Rock Sioux Tribe’s efforts to shut down DAPL through both legal and political means. So, while I am happy that the president appears to be listening and taking the issue seriously, I’m also aware that every day of delay means another 24 hours the pipeline could fail and contaminate Standing Rock’s water.

One thing is clear: we have time to grow our movement and increase the heat on the president. Once again, I ask that you sign (if you have not already done so) and share widely our NoDAPL petition to Biden. 

We’re getting our message through, but we must keep pressing in greater and greater numbers!

Wopila — my thanks to you for standing with Standing Rock!

Chase Iron Eyes
Lead Counsel
Lakota People’s Law Project

DAPL News

Lakota Law

It’s been a busy and inspiring two weeks at Standing Rock. As an ally of the tribe, you’ve helped us serve as a key part of a coalition of nonprofits telling President Biden to use his executive authority to shut down the Dakota Access pipeline (DAPL). The courts have not made a definitive decision to that effect, but the pressure on Biden seems to be working. The Army Corps, under his direction, has now asked for a 58-day delay to get the new administration up to speed on DAPL. A hearing is scheduled for Wednesday.

Bottom line, it’s increasingly likely that the timeline for a decision will be extended beyond this week, and victory is now more likely than it was just a few days ago. With your continued support, we’ll keep up our breakneck pace for the long haul. We’re in it to win it, no matter how long it takes. That’s why I urge you to become a Lakota Law member now. Your monthly gift will keep us going strong — and give you access to member benefits such as informative and fun online events with me and our other Lakota Law leaders!

Chase and I teamed up to have some amazing Zoom discussions with our Lakota Law members over the past year. We hope to see you at the next one!

Over the past two weeks, we haven’t stopped moving. So far, nearly 22,000 of you have signed our NoDAPL petition to the president and, in coordination with allied organizations, we’ll present Biden with a mountain of signatures. And a host of Hollywood celebrities have now also submitted a NoDAPL letter to the president.
 
Your support propelled us forward on the ground at Standing Rock. In the past 10 days, our organizing and media teams quickly produced an effective series of videos and educational content, shared with our sister orgs, that helped us reach tens of thousands via key social media channels.

It’s vitally important that you continue to stand with us over the days and months to come. In addition to confronting DAPL’s threat to our sacred water and lands, we’re improving our Native-run Standing Rock foster home, mounting a legal defense for a KXL water protector, continuing to support health and safety measures in Lakota Country, and so much more. Thank you, as ever, for making this work possible!

Wopila tanka — my deep gratitude for your sustained support.

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

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

End DAPL Now!

Lakota Law

I urge you to watch our new video, in which three Standing Rock Tribal Council members share their perspectives on why now is the time to end DAPL once and for all.

Growing up on Standing Rock Nation, I witnessed beauty and heartache. We have become accustomed to challenges. These days, of course, the fronts we fight on have only multiplied. In 2016, the Dakota Access pipeline (DAPL) arrived on our doorstep, then came the pandemic. Fortunately, the NoDAPL movement inspired a worldwide awakening, the beginning of a broader understanding of our struggle. Allies flooded in to join our protest camps, and our NoDAPL movement took root in the global consciousness. Now we find ourselves at another pivotal moment. 

In our new video, Standing Rock Tribal Council members share their perspectives on this moment in the NoDAPL struggle.

The legal system has acknowledged the validity of our arguments against the pipeline’s incursion on our sacred lands and water, and yet, the courts have not stopped the oil. Now, many have come to our side once again to call upon President Biden to take executive action.

I’m proud to stand in solidarity with the Standing Rock tribal leaders featured in our video (and the many others) who know that the health of our people and our Grandmother Earth must outweigh the lust for corporate profits and continued operation of a pipeline emblematic of a dying fossil fuel industry.

Our rallying cry, mni wiconi — water is life — continues to embody the most immediate concern for the Standing Rock community. The threat that DAPL eventually spills and contaminates Lake Oahe, our sole source of drinking water, isn’t going away. But it’s also notable that 2020 tied 2016 as the hottest year on record, and we’re experiencing a queasily warm/dry winter here in the Dakotas. It’s a stark reminder that climate change is the existential challenge of our generation. 

Standing Rock — and other Indigenous communities in the trenches fighting oil and gas, such as Line 3 — help to lead the world in creating the courage to protect all that is sacred and life-giving. Your participation in our struggle remains vital. Each and every voice that joins our chorus has the potential to tip the balance in favor of our Earth and future generations. 

Wopila tanka — Thank you, as always, for standing with Standing Rock!

Chase Iron Eyes
Lead Counsel
Lakota People’s Law Project

Shut it Down!

Standing Rock Lakota Youth Call For Biden To Shut Down Dakota Access Pipeline

By Last Real Indians. February 6, 2021 | Resist!

Above photo: Youth & Allies planned and carried out a 2,000- mile run from North Dakota to Washington, D.C.

Announce 93-mile Relay Run.

Standing Rock – Today, Lakota youth from the Standing Rock and Cheyenne River tribal nations announced a plan to run over 93 miles back to the Oceti Sakowin Camp site to call on President Biden to shut down the Dakota Access Pipeline (DAPL). The youth are asking for everyone who stood with Standing Rock four years ago to participate by uploading their own #NoDAPL

The oil pipeline poses a grave threat to the safety and sanctity of the tribes’ water, hunting and fishing rights, and cultural and religious practices. Federal courts have sided with the tribes on the years-long litigation and have revoked DAPL’s federal easement required by the Mineral Leasing Act. The tribes have demanded that the United States Army Corps of Engineers (Corps) stop the continued operation of DAPL given that it has no easement. President Biden has made no comment on the issue since taking office.

“In 2016 a group of us youth from the Standing Rock and Cheyenne River Nations had the courage and were brave enough to stand up to the Dakota Access Pipeline that was going to cross our lands, threatening not only our drinking water supply but the land we have called home for generations. People from all walks of life stood with Standing Rock. Mr. President Joe Biden you have the opportunity to be brave and take courage; shut down the Dakota Access Pipeline.” Annalee Rain Yellowhammer, Standing Rock Sioux Youth Council Vice President

On January 7th, 2021 the Westchester Fire Insurance Company, a subsidiary of international insurance corporation Chubb, notified Energy Transfer Partners that it was cancelling a crucial $250,000 bond for the Dakota Access Pipeline (DAPL) segment in Iowa. Publication of this bond cancellation comes just days after a federal appeals court largely sided with the Standing Rock Sioux Tribe upholding lower court decisions that revoked a key permit for the line and required a federal agency to conduct a lengthy environmental review.

Surety bonds are used to protect the public from having to pay for any damages or pollution created by existing projects.

“We as the four bands of Lakota on the Cheyenne River Sioux Tribe will always stand up for our relatives to the west, north, east and south. We have stood with the grassroots people of Standing Rock in 2016 against the Dakota Access Pipeline and today we still stand by them today.” said Joseph White Eyes, Cheyenne River Grassroots Collective.” We cannot let Oil Corporations continue to attack our people on our doorstep. We demand that President Biden shut it down!”

Stop the Oil

Lakota Law

Despite multiple court rulings denying its permit on valid environmental grounds, the Dakota Access pipeline continues to pump noxious oil through the heart of my homeland every day. As you know, this injustice has to be corrected. And if the courts won’t take the necessary steps to protect my relatives on the Standing Rock Nation, then once again it’s up to us — the grassroots — to use our voices and find a political solution.

Fortunately, as you can see in our new blog and video, our movement to stop DAPL has gained new traction. I feel echoes of the days when our protest camps filled with tens of thousands. Four Lakota tribal leaders, several organizations, and an online army of folks like you have taken up the call to tell President Biden to use his authority as the chief executive and stop this dangerous pipeline before it spills and kills.

Watch my video with Chase Iron Eyes to get caught up on our NoDAPL movement

We’ve got an organizing and media team on the ground here at Standing Rock — I’m so happy to be working hand-in-hand with my nephew, Chase Iron Eyes, on this — and we’re cooperating with members of our tribal council to help get the word out about the need to act now. We met at length on Tuesday with the full council, and we have been given a room in the tribal building to shoot interviews with tribal leaders and make videos featuring a range of knowledge and perspective.

We’re distributing all our videos to other concerned organizations via a sharing tool created by Earthjustice, the law firm representing the Standing Rock Sioux Tribe in its NoDAPL legal resistance effort. It’s an all-hands-on-deck moment, and many organizations — from the Sierra Club to one affiliated with actor Mark Ruffalo — have joined the effort to pressure the president and the Army Corps of Engineers to do right by my people.

I offer my gratitude to you for standing with us. The president has already made several positive decisions on pipelines and the environment, but he has yet to show that he understands the gravity of our plight here at Standing Rock. Our immediate goal is to make sure that he does — ideally before this Wednesday, the pipeline’s next day in court. By working together and by reforging our movement in bigger numbers, with more volume than ever, I believe we can do it.

Wopila tanka — I can’t thank you enough for your activism and your prayers!

Phyllis Young
Standing Rock Organizer
The Lakota People’s Law Project

Pipelines Be Gone 2021

Lakota Law

Victory! Several reputable news outlets have announced that president-elect Joe Biden plans to cancel the Keystone XL pipeline (KXL) on his first day in office. From all of us here at the Cheyenne River Nation to you, wopila tanka! Thank you so much for staying with us and keeping the pressure on Washington, D.C. to do right by Lakota Country. We only achieve huge wins like this by speaking out together.

Please watch this new film by our friends at the Standing Rock Sioux Tribe and Earthjustice, written and directed by Josué Rivas. Our pipeline fight won’t end until we win justice for Standing Rock, too.

Rescinding KXL’s permit is a promising early signal that the new administration is listening to our concerns and will take issues of climate and Indigenous justice seriously. We have to insist that it not stop there. It’s also high time to shut down the Dakota Access pipeline (DAPL) once and for all.

Nearly 13,000 of you have already signed onto our petition telling the Biden-Harris administration to end KXL and DAPL. Once the KXL decision is official, we’ll adjust the petition to thank our new leadership in D.C. for its action while remaining insistent that DAPL come next. We stand in solidarity with our relatives at Standing Rock and allied organizations like Earthjustice, which represents Standing Rock in its legal battle to stop DAPL. The two co-produced this powerful new video and asked us to share it. Please take a moment to watch.

In this hour, victory is undeniably sweet. I think it’s safe to say we needed some good news! But, as the actions of many over the past days and years have demonstrated, we must not let down our guard. Our mission to end the devastation wrought by pipelines on our Grandmother Earth — and on our Lakota families — won’t be finished until we dig DAPL out of our sacred lands. We will stay ever vigilant, and I thank you for supporting us every step of the way.

Wopila tanka — our enduring gratitude for helping us fight and win!

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