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

The Color of Justice

Lakota Law https://action.lakotalaw.org/action/biden-pipelines?ms=ea&utm_source=ea&utm_medium=email&utm_campaign=jcoh&utm_content=piclink&sourceid=1044940&emci=2b998145-1652-eb11-a607-00155d43c992&emdi=70418022-9c52-eb11-a607-00155d43c992&ceid=2659296

I hope you’re staying safe as we begin this new year. It’s been a wild election season, culminating with Tuesday’s Senate races in Georgia and Wednesday’s insurrection at the Capitol. Sadly, it’s inevitable that many of Trump’s (mostly white) followers will get away with their seditious actions in D.C. — meanwhile, a pair of young, Native activists here at the Cheyenne River Nation face charges after nonviolently protesting the Keystone XL pipeline.

In November, 24 year-old Jasilyn Charger locked herself to an oil pump station, and the cops arrested her for a class 1 trespassing misdemeanor. Lakota Law rallied to her side, and we’ve secured legal representation for her that will mount a strong defense. Her predicament provides yet another opportunity to stand up in South Dakota’s courts of law and defend dissent against dangerous, unnecessary pipelines. She was arraigned Wednesday, and there will be more to share soon.
https://click.everyaction.com/k/23598115/268081614/1717253684?ms=ea&utm_source=ea&utm_medium=email&utm_campaign=jcoh&utm_content=piclink&sourceid=1044940&rac=,lpnl&nvep=ew0KICAiVGVuYW50VXJpIjogIm5ncHZhbjovL3Zhbi9FQS9FQTAwMS8xLzU4MDcwIiwNCiAgIkRpc3RyaWJ1dGlvblVuaXF1ZUlkIjogIjcwNDE4MDIyLTljNTItZWIxMS1hNjA3LTAwMTU1ZDQzYzk5MiIsDQogICJFbWFpbEFkZHJlc3MiOiAiYXp0ZWM4ODg4QGFvbC5jb20iDQp9&hmac=muX1eoLIYxgAwgw5UCRlBIdfs80NW9XCaXi-0Mh6JK0=&emci=2b998145-1652-eb11-a607-00155d43c992&emdi=70418022-9c52-eb11-a607-00155d43c992&ceid=2659296

Also on Wednesday, police arrested Cheyenne River tribal member Oscar High Elk (30 years old) and charged him on 12 counts, including felony aggravated assault, though he committed no acts of violence. Now, he faces a maximum of 23 years in prison. How wrong it would be should either one of these young water protectors serve time for standing against a Canadian pipeline which would provide little economic value to Americans and threaten Unci Maka.

This glaring disparity in our country between how law enforcement treats us Natives and other people of color as opposed to whites underlines the urgency of our struggle. We must take every opportunity to secure justice for Black and brown communities as the Trump era comes to an ignominious end. If you have not already done so, please sign our petition to the Biden transition team telling the president-elect: It’s time to end KXL and DAPL once and for all. We hope you’ll stay with us — and with our young activists — in the fight for environmental justice.

You can also share our call to action via social media by clicking the buttons below:

Wopila tanka — thank you for supporting our struggle! Mni wiconi.

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

Two Systems of Justice: ¨Use of Force vs. Standing Rock¨

Trump supporters climb the west wall of the the U.S. Capitol on Wednesday. (AP Photo/Jose Luis Magana)

Dalton Walker

Critics across social media point out the juxtaposition between the violent mob at the U.S. Capitol and peaceful Standing Rock water defenders

Dalton Walker
Indian Country Today

As a violent mob backing President Donald Trump stormed the U.S. Capitol on Wednesday with what appeared to be relative ease, many in Indian Country took to social media to point out drastic differences of past treatment by law enforcement of water protectors and other peaceful protestors.

In a chaotic scene in Washington, D.C., that lasted for hours, dozens of Trump supporters rushed the famous building, causing lawmakers to scramble for safety and the building to be locked down.

Trump supporters try to break through a police barrier, Wednesday, Jan. 6, 2021, at the Capitol in Washington. As Congress prepares to affirm President-elect Joe Biden's victory, thousands of people have gathered to show their support for President Donald Trump and his claims of election fraud. (AP Photo/Julio Cortez)
Trump supporters try to break through a police barrier Wednesday at the Capitol in Washington. (AP Photo/Julio Cortez)

Videos posted on social media show a violent mob, many wearing Trump gear, knocking down police barriers and damaging building property. The mob even reached the Senate floor and posed for photos, while one video showed police taking a selfie photo with members of the mob.

One person was shot and killed at the Capitol, The Associated Press reported, citing sources familiar with the situation. Police eventually used tear gas and percussion grenades to clear people from the grounds ahead of a curfew in Washington.

The district’s police chief said at least 13 people were arrested, and five firearms had been recovered during the pro-Trump protests. Rep. Markwayne Mullin, Cherokee, of Oklahoma, told ABC News that he was inside and spoke with some of the Trump supporters. A photo posted on social media shows Mullin behind civilian-dressed law enforcement with guns drawn and aimed at the door. “It’s fortunate that a lot more civilians didn’t get shot because (Capitol) police showed a great restraint by not doing so. A great restraint.”

(Related: Pro-Trump mob storms US Capitol)

Rep. Tom Cole, Chickasaw, of Oklahoma, said he was outraged by the “lawless protests,” and it’s not the “American way.”

“While Americans have the right to passionately voice their views & peacefully dissent in protest, I strongly condemn the perpetrators of this destructive & violent activity,” Cole said in a tweet.

Critics, including Black, Indigenous and people of color, say at least some of the scene was a stark contrast to what water protectors and treaty defenders have faced over the years, specifically at Standing Rock in 2016, where law enforcement repeatedly used tear gas, water cannons and rubber bullets.

In this Dec. 4, 2016 file photo, protesters march at Oceti Sakowin camp where people have gathered to protest the Dakota Access oil pipeline in Cannon Ball, N.D. It has been called the largest gathering of Native American tribes in a century. Tribal members and others have joined in an ongoing, tense protest against the $3.8 billion Dakota Access oil pipeline, which the Standing Rock Sioux believes threatens sacred sites and a river that provides drinking water for millions of people. The protest is included in the AP top news stories in North Dakota this year. (AP Photo/David Goldman, File)
In this Dec. 4, 2016, photo, protesters march at Oceti Sakowin camp, where people gathered to protest the Dakota Access oil pipeline in Cannon Ball, N.D. (AP Photo/David Goldman, File)

More than 760 arrests were made in southern North Dakota during the height of protests in 2016 and 2017. At times, thousands of pipeline opponents gathered in the region to protest the $3.8 billion project to move North Dakota oil to Illinois, but the effort didn’t stop the project.

NDN Collective CEO and President Nick Tilsen, who was arrested during a rally against Trump’s visit to the Black Hills in July, didn’t hold back on Twitter.

“If these were Black, Brown and Indigenous people they would of killed us already; read between the lines people,” Tilsen, Oglala Lakota, said in a tweet.

(Related: Indigenous Congress members condemn violence)

Everett Baxter, Omaha Tribe of Nebraska chairman, said Natives speaking their mind get arrested, while the Trump supporters in Washington, D.C., “will probably get pardons.”

Baxter also questioned Nebraska state leaders in their involvement at Standing Rock.

“The Nebraska State Patrol sent officers to aid North Dakota’s law enforcement against the water protectors during (the) Standing Rock standoff,” Baxter posted on Facebook. “Will Nebraska do the same to aid the law enforcement of the Washington D.C. riots? Not likely.”

On Twitter, writer, actor and producer Azie Mira Dungey, Pamunkey, called out law enforcement’s response at the Capitol.

“Police literally worked harder to make sure a private company could build an oil pipeline on Native land, and to stop black people from walking through their own neighborhood asking politely not to be murdered, than to stop a few hundred white men from taking over the US Capitol,” Dungey said in a tweet.

Nick Estes, Lower Brule Sioux Tribe, is a college professor and host of “The Red Nation” podcast. He responded to South Dakota Gov. Kristi Noem’s tweet criticizing the violence. Her post included the comment, “We are all entitled to peacefully protest.”

“What? You pushed laws to criminalize protest in SD and pushed conspiracy theories about stolen election,” Estes said.

Comedian Lucas Brown Eyes, Oglala Lakota, tweeted photos of water protectors being attacked by law enforcement at Standing Rock.

“As we watch Trumpers storm the capital with guns. Just a reminder, this is what America did to Native protesting for clean water,” Brown Eyes said.