Yes, Trump has green-lighted the controversial Keystone XL pipeline. At every turn, the Tar Sands Invasion would put people and the environment in harm's way. June 25, 2020 (Bemidji, MN) - The Indigenous Environmental Network, in collaboration with the Climate Alliance Mapping Project and the Keystone XL Mapping Project, have just launched the KXL Pipeline Map, an interactive tool that highlights the route of the Keystone XL (KXL) pipeline, a tar sands project of the TC Energy corporation.This map is a free and public tool designed to support . If and when TransCanada provides sufficient maps of the pipelines route, we expect that we will see even more affected tribal lands. The first, a southern leg, had already been completed and now runs between Cushing, Oklahoma, and Port Arthur, Texas. a new mini-documentary entitled Take Action: Protect Our Land., their response to the defendants motions to dismiss. January: Obama rejects the Keystone Pipeline, saying the December bill did not allow enough time to review the new route. The Native American Rights Fund is prepared to fight to ensure those treaties are honored and the water is protected.. The Tribes argue that the 2019 permit, which would allow a Canadian company (TransCanada) to build another dirty tar sand crude pipeline across American soil, also creates a substantial risk of. June: Phase 1 of the Keystone Pipeline goes online. To that end, the Rosebud Sioux Tribal Utility Commission will be holding a public hearing on Tuesday, May 28, 2019, and Wednesday, May 29, 2019, to address the Keystone XL pipeline and its impacts on our territory and people. The technical storage or access that is used exclusively for statistical purposes. June-July: Increased opposition to Keystone XL includes legislators and scientists speaking out against the project; the Environmental Protection Agency questions the need for the pipeline extension. on April 10, 2019, in Montana. In return, they asked that the United States protect their lands from trespass and their resources from destruction. The water delivery system for the Rosebud Sioux Tribe is called the Mni Wiconi, which translates to Water is Life. On February 11, 2019, an 1,800-gallon spill was detected in Missouri on the main Keystone line, and last year more than 400,000 gallons were spilled from the main Keystone line in South Dakota near a tribal community. As you know, our natural resources are finite. This has proved to be untrue. Like the US Constitution, treaties are the law of the land, and no one is above that law, said NARF Staff Attorney Matthew Campbell. Washington, DC (202) 785-4166. Our Land Use, Environmental Protection, and Public Utilities Codes directly apply, and TC Energy has failed to comply with them. The first, a southern leg, had already been completed and now runs between Cushing, Oklahoma,. People and wildlife coming into contact with tar sands oil are exposed to toxic chemicals, and rivers and wetland environments are at particular risk from a spill. It has willfully ignored the pipelines impacts on tribal communities. It's derived from a sludgy, sticky deposit found beneath the wilds of northern Albertas boreal forest. In late 2018 and early 2019, the courts repeatedly blocked TransCanadas attempts to start construction on the Keystone XL pipeline. Since the approval, the Trump administration has been sued twice by environmental organizations and lost each time. As such, they are protected by treaties as well as tribal and federal laws. The proposed Keystone XL extension actually comprised two segments. Construction has begun despite the fact that there are three lawsuits currently going on. Regardless of the new permit and political maneuvering, the President is required to honor the treaties and the Constitution. The protests were primarily peaceful, with camps and prayer circles set up on the land where construction was to take place. And TC Energy still must abide by federal and tribal law. This is in violation of federal law.The United States is allowing TransCanada to begin construction even though there has been no review of our treaty rights, hunting and fishing rights, or the impacts to our people, our water, or our environment. This means an extra 178.3 million metric tons of greenhouse gas would be emitted annually, a similar impact to 38.5 million cars. The Standing Rock Sioux tribe has been one of the most vocal groups in working to oppose the creation of the Dakota Access Pipeline. Opposition to Keystone XL centered on the devastating environmental consequences of the project. It was proposed to be an extension of the existing Keystone Pipeline System, which has been in operation since 2010. The Native American Rights Fund represents the Rosebud Sioux Tribe and Fort Belknap Indian Community in this case. Despite all of these facts, throughout the permitting process, there was no analysis of trust obligations, no analysis of treaty rights, no analysis of the potential impact on hunting and fishing rights, no analysis of potential impacts on the Rosebud Sioux Tribes unique water system, no analysis of the potential impact of spills on tribal citizens, and no analysis of the potential impact on cultural sites in the path of the pipeline, which is in violation of the NEPA and the NHPA. Revoking the Trump administrations illegal permit is a necessary first step towards fixing this situation, Fort Belknap Indian Community President Andrew Werk Jr. explained. at a much higher rate than company estimates. Since its construction in 1977, the Trans Alaska Pipeline has transported almost 17 billion barrels of oil, and currently transports about 527,323 barrels a day. Public documents about extractive projects are often difficult to find and hard to read. Refining the sticky black gunk produces piles of petroleum coke, a hazardous, coal-like by-product. (AP) The Trump administration on Wednesday approved a right-of-way allowing the Keystone XL oil sands pipeline to be built across U.S. land, pushing the controversial $8 . We look forward to holding the Trump Administration and TransCanada accountable to the Tribes and the applicable laws that must be followed., NARF Staff Attorney Matthew Campbell also reacted to the news, Of course, the treaties were agreed to by the president of the United States and ratified by the Senate, so the treaties clearly apply. When they entered into treaties with the United States, the tribal nations meant to protect their natural resources (water, grasslands, and game) and keep people from crossing their lands. Finally, massive fossil fuel infrastructure investments like KXL undermine efforts to minimize global warming and prioritize clean energy like wind and solar. The Tribes asked the court to rescind the illegal issuance of the Keystone XL pipeline presidential permit. Its route intercepted Native American land and posed a threat to their water supply. Upon entering office, President Trumpwith his pro-polluter cabinet of fossil fuel advocates, billionaires, and bankersquickly demonstrated that his priorities differed. President Trump also issued a cross-border permit to the pipeline developer, a permit that had been long sought after for the developers. July: The State Department extends its review of Keystone, saying they need more time for review before a final environmental impact assessment can be released. Its time to accelerate our transition to the clean energy sources that will power a prosperous future.. The presidential permit comes nearly a decade after Calgary-based TransCanada applied to . Workers had to excavate sections of the affected pipeline to find and repair the leak. January: Nebraska Gov. Oil trains wont get better brakes, air conditioners wont get safer chemicals, and children lose their EPA advocate. The Dakota Access Pipeline The controversial construction of the Dakota Access Pipeline (DAPL) gained national and international attention when the U.S. Army Corps of Engineers accepted an application filed by Energy Transfer Partners, a Texas-based developer behind the project. All information was gathered from public documents. The climate impact of a complete and fully operational Keystone XL would be drastic. Goldtooth called Bidens decision a vindication of the hard work and struggle many indigenous communities have put forth in protest of the pipeline. Our water sources are threatened by the dirty tar sand crude, our ancestral homelands are in the direct path of the pipeline, and our people already are suffering the effects of nearby construction worker man camps. Rosebud Sioux Tribe President Rodney M. Bordeaux responded to the announcement, This is great news for the Tribes who have been fighting to protect our people and our lands. Browse our map catalog downloadable PDFs and our interactive maps. Not consenting or withdrawing consent, may adversely affect certain features and functions. Hearings on the motion to dismiss were held Thursday, September 12, 2019, in the United States District Court for the District of Montana, Great Falls Division. The cost is too high. The "replacement" pipeline runs mostly on a completely new route through Minnesota, barreling through hundreds of lakes, rivers, aqueducts and wetlands. In addition to extensive violations of law outlined in the original complaint, the new complaint raises the following issues: Maps released by TransCanada show the pipeline corridor and access roads crossing Rosebud territory, some of which is held in trust, as well as Rosebuds Mni Wiconi Water system. U.S. President Joe Biden speaks in the East Room of the White House on March 18, 2021 in Washington, DC. Canada is considered one of the most water-rich countries in the world and yet many indigenous communities continue to be provided with inadequate access to safe drinking water which provides a large public health concern for these communities. August: The State Department releases its final environmental assessment that the pipeline would have a limited environmental impact. Rosebud has land use, environmental, and utilities codes that apply, and TransCanada must comply with Rosebud law on Rosebud land. WASHINGTON (AP) President Donald Trump greenlighted the long-delayed Keystone XL pipeline on Friday, declaring it a "great day for American jobs" and siding with energy advocates over environmental groups in a heated debate over climate change. March: Canadas National Energy Board approves the Canadian section of the Keystone XL. This isnt your grandfathers typical oil, says Anthony Swift, director of NRDCs Canada project. But the movement has had setbacks: a federal judge in Louisisana recently. They are also solemn promises between the citizens of those nations. filed a federal lawsuit against the United States Department of Interior (DOI) and the Bureau of Land Management (BLM) over their issuing of the KXL permit, asked the court to grant a temporary restraining order on pipeline construction, the memo in support of preliminary injunction, a response to TransCanadas motion for summary judgment, a memorandum in support of their own motion for partial summary judgment, federal court denied the United States federal governments and the TransCanadas (TC Energy) efforts to dismiss the Tribes case, poured 407, 000 gallonsalmost 3,000,000 poundsof crude oil, much more frequent than TransCanada predicted. update email soon. The one filed by Rosebud Sioux last week cites the fact that the Trump Administration has not undertaken any analysis of: trust obligations, the potential impact on tribal hunting and fishing rights, the potential impacts on the Rosebud Sioux Tribes unique water system, the potential impact of spills on tribal citizens, or the potential impact on cultural sites in the path of the pipeline. The permitting process was completed only 56 days after TransCanada submitted its application for the third time. But the groundswell of public protest was up against a formidable opponenthundreds of millions spent on lobbying by the fossil fuel industry. Once they are gone and depleted, they are gone. What is missing is an appreciation of the long-term effects of an oil pipeline going through our sacred land. Digital maps are a powerful way to educate the public about connections between oil and gas extraction, climate change, social justice, and Indigenous rights. March: The Trump White House exempts the Keystone Pipeline from the requirement to use U.S. steel. If the Presidents goal was to avoid complying with the District Courts decision in that case, it worked. The Tribes are taking a stand for their people, their culture, their water and their future, but they also are taking a stand for YOU, said NARF Staff Attorney Natalie Landreth. The courts intervention is needed to protect the Tribes precious lands, water, natural, and cultural resources. The pipeline would consist of 875 miles of 36-inch pipe with the capacity to transport 830,000 barrels per day" (Parfomak, Pirog, Luther and Vann 4). We will not dishonor our relatives and unnecessarily endanger our health, safety, and wellbeing. The pipeline would cross less than 100 miles from the headquarters of the Fort Belknap Indian Reservation and run directly through sacred and historic sites as well as the ancestral lands of the Gros Ventre and Assiniboine Tribes. The Keystone XL (KXL) Pipeline is the proposed Phase 4 of the Keystone Pipeline system, which already is online with a capacity to carry more than 500,000 barrels per day. In the two years leading up to the November 2014 midterm elections, the fossil fuel industry spent more than $721 million to court allies in Congress. Pipeline opponents file a lawsuit against the Nebraska government claiming the state law used to review the new route is unconstitutional. We will The following are quotes from the project partners: Listen to more voices from the community on the NARF YouTube channel. Neither the president nor wealthy foreign corporations are above the laws of our country. Our health and safety should take priority over companies profits. It has also been determined that tar sands oil emits 17 percent more carbon than other forms of crude oil. This hearing will focus on the United States motion to dismiss. The federal government has a treaty obligation to protect tribal citizens likely to suffer increased rates of violence and abuse. This field is for validation purposes and should be left unchanged. The Canadian federal government refused to provide child and family services funding for indigenous children living on reserves, a purposeful discrimination tactic against indigenous communities. Opponents of this projectnow called the Gulf Coast Pipelinesay that TC Energy took advantage of legal loopholes to push the pipeline through, obtaining authorization under a U.S. Army Corps of Engineers nationwide permit and dodging the more rigorous vetting process for individual permits, which requires public input. Pipeline under construction in Alberta, Canada. While the tar sands industry was once seen as an unbeatable opponent in a David-and-Goliath fight, the victory against Keystone XL shows that the tables have begun to turnand that more power now lies with the advocates for climate justice than ever before. They prohibited any construction until the Trump Administration and TransCanada conduct the necessary review. (For evidence, note the 2010 tar sands oil spill in Kalamazoo River, Michigan, a disaster that cost Enbridge more than a billion dollars in cleanup fees and took six years to settle in court.) The 1868 Treaty of Ft. Laramie and other federal laws requires Rosebud consent to cross Rosebud territory. In addition, the possibility of damaging community water supplies, valuable agricultural lands, and wildlife habitats is not a cost our clients are willing to bear on behalf of a foreign extractive company propping up a dying energy industry. (a) On March 29, 2019, the President granted to TransCanada Keystone Pipeline, L.P. a Presidential permit (the "Permit") to . This mapping tool hopes to bridge that gap by giving communities the ability to see how close this deadly tar sands snake comes to their homes, communities and lands. The federal government argues that the treaties dont matter. In these filings, the Tribes highlight that TransCanada admitted that the Keystone XL pipeline would cross Rosebud mineral estates held in trust by the United States. In fact, TransCanada outlined several activities scheduled for April all along the route of the pipeline, not just at the border. Together with the Fort Belknap Indian Community, we brought a lawsuit to stop the construction of the Keystone XL pipeline through our territories. By that point, Keystone XL faced an unfriendly administration, numerous legal challenges, declining oil prices, worsening climate impacts, and a growing movement of climate organizersalong the pipelines route and around the worldunwilling to look the other way. The United States District Court for the District of Montana recently accepted an amended complaint in what will now be known as Rosebud Sioux Tribe v. Trump (formerly Rosebud Sioux Tribe v. US Dept of State). They begin by displaying a map of the proposed pipeline that shows that the pipeline will not cross Standing Rock Sioux Reservation, and in fact, it is located entirely on privately owned land except for a 1,094 ft portion . Dave Heineman approves the proposed route for Keystone XL, sending the project back to the State Department for review. Five years ago, a pipeline spilled a million gallons of tar sands crude into a Michigan riverand were still cleaning it up. The Keystone XL pipeline would cross the United States border into Montana, then cut through the Great Sioux Reservation, as set forth in the 1868 Fort Laramie Treaty, in South Dakota and finally Nebraska to Steele City where the crude would mix with US crude reserves and continue to Texas for export. The reversal came as no surprise. sued the Trump Administration in the U.S. District Court for the District of Montana, Great Falls Division, for numerous violations of the law in the Keystone XL pipeline permitting process. September: The Rosebud Sioux Tribe and the Fort Belknap Indian Community, in coordination with their counsel, the Native American Rights Fund, on September 10, 2018, sued the Trump Administration in the U.S. District Court for the District of MT for numerous violations of the law in the Keystone XL pipeline permitting process. The water has been there to support the people on their ancestral lands since time immemorial. The Pros And Cons Of Trans Alaska Pipeline. Of course, TransCanada claims that KXL will be safe, that it will be state of the art. It is the largest underground water source in the United States. Leading climate scientist and former NASA researcher James Hansen has warned that fully exploiting Canadas tar sands reserves by moving forward with these projects would mean game over for our climate. On his fourth day in office, Trump signed an executive order to allow Keystone XL to move forward. Joye Braun, IEN Community Organizer, With this construction, workers will descend on the communities along the pipelines proposed path. Keystone XL Pipeline, Gas Prices, and Oil Exports, Keystone XL Pipeline Environmental Impact, Keystone XL Pipeline Controversy and False Claims, President Trump and the Keystone XL Pipeline, President Biden and the End of the Keystone XL Pipeline, officially abandoned the project in June 2021, tar sands oil spill in Kalamazoo River, Michigan, Its mines are a blight on Canadas boreal, U.S. Environmental Protection Agency (EPA, Farmers, ranchers, tribes, and conservation groups, abandoning its plans for building the pipeline, Ghost Pipelines: How Landowners Suffer, Long After a Project Gets Canceled, The Future Has Spoken: Its Time to Shut Down DAPL and Stop Line 3, Battered by Floods, Nebraskans Worry About Pipeline Spills, 2018 Wasnt a Completely Horrible Year for the Environment, A Rubber Stamp on Keystone XL? Nebraska appeals. One was Nebraskas Ogallala Aquifer, which provides drinking water for millions as well as 30 percent of Americas irrigation water. Several indigenous leaders, including Dallas Goldtooth of the Mdewakanton Dakota and Dine nations and Faith Spotted Eagle of the Ihanktonwan Dakota nation, have seen Bidens executive order as a sign of the administration keeping its campaign promise to work against climate change and work with indigenous communities. Pipeline representatives start visiting landowners potentially affected by Keystone XL. Bulldozers were seen this week grading the land in Tripp County, South Dakota, adjacent to Rosebud lands. 6210 Bristol Pkwy. One such protest, a historic act of civil disobedience outside the White House in August 2011, resulted in the arrest of more than 1,200 demonstrators. NARF stands with our clients, the Rosebud Sioux Tribe and the Fort Belknap Indian Community, in their staunch opposition to the completion of the Keystone XL arm of the pipeline system. With the original permit revoked, the Ninth Circuit yesterday decided to dismiss as moot the case based on that original permit. January: Trump signs a presidential memorandum inviting TransCanada to resubmit their application for a Presidential Permit and directing the Secretary of State, Department of the Interior, and Department of the Army to fast-track the decision. ), It would also have led to greater greenhouse gas emissionswhich, the latest scientific reports makes clear, we simply cant afford if were to avoid the most catastrophic climate impacts. The pipeline, designed to run from Alberta, Canada, to Nebraska, had faced opposition from environmental groups, land use groups and Native American tribal entities for years. On his first day in office, President Joe Biden signed an executive order canceling the Keystone XL Pipeline Project. We invite anyone interested in providing testimony to attend. Today, as in the past, the Rosebud Sioux Tribe and the Fort Belknap Indian Community drink the water that comes from the rivers and the ground sources to provide for their communities. TransCanada has begun construction of the Keystone XL pipeline near the Rosebud Reservation, just a week after the Rosebud Sioux Tribe (Sicangu Lakota Oyate) and the Fort Belknap Indian Community (Assiniboine (Nakoda) and Gros Ventre (Aaniiih) Tribes) sued the Trump Administration for its illegal approval of the pipeline. The decision echoed a seven-year State Department review process with EPA input that concluded the pipeline would fail to serve national interests. Keystone XL will need permission from the Rosebud Sioux Tribe, so this is not over.. This new permit is a blatant attempt to avoid any environmental analysis for the pipeline that United States law and courts have required. We cannot allow another pipeline to be constructed, dangerously close to yet another tribal community, for the benefit of a foreign energy company.. This story was originally published on April 7, 2017, and has been updated with new information and links. Phase 1 of the Keystone Pipeline was permitted in March 2008. NARF and our clients are confident in our claims against the construction of the pipeline, and we are optimistic the court will not allow this case to be dismissed. This pipeline will benefit a Canadian company and its shareholders. The State Department provided no explanation in the 2017 decision for its contradictory factual finding; instead, it simply disregarded its previous factual findings and replaced them with a new one. The Keystone Pipeline System is an oil pipeline system in Canada and the United States, commissioned in 2010 and owned by TC EnergyAs of March 2020, the Government of Alberta. A study set between the years 2007 and 2010 found that pipelines carrying tar sands oil spilled three times more per mile than pipelines carrying conventional crude oil. Originally founded as a whites-only city, or sundown town, since the 1980s it has become fairly diverse with one of the most diverse school systems in the United States. According to a 2015 personal public financial disclosure report filed with the Federal Election Commission, then-candidate Trump held between $250,000 and $500,000 worth of stock in TransCanada Pipelines, Ltd. NARF Staff Attorney Natalie Landreth explains, President Trump permitted the Keystone XL pipeline because he wanted to. NARF will not allow the US government to ignore or forget the agreements made with tribal nations. In fact, the treaties were created specifically for this sort of violation. The founder of Bold Nebraska has led the Cornhusker States years-long rallying cry against TransCanadas tar sands pipeline. Earlier this year, the Keystone pipeline leaked 1,800 gallons of oil less than half a mile from the Mississippi River. In that case, brought by a coalition of environmental organizations, the District Court had decided that the federal government did not follow the law when it issued its 2017 permit for the pipeline. It is mostly surrounded by the city of Los Angeles, but also shares . DAPL may be underway, but the water protectors at Standing Rock taught us a lot about going up against the fossil fuel industry. Later, fossil fuel companies funnelled millions into Trumps 2017 inauguration ceremony, days after which he brought the Keystone XL project back from the dead, and ramped up federal lobbying efforts in the first months of his administration. Heres why thats a disaster in the making. NARF Staff Attorney Matthew Campbell responded to the action, The Rosebud Sioux Tribe and Fort Belknap Indian Community have both poured tremendous effort and resources to defend their treaty rights and the safety of their tribal communities during the last few years. But Keystone XL . President Trumps attempt to circumvent the judicial branch is extremely troubling because he has elevated the profits of a foreign corporation above the will of the American people and the laws of the United States. On Thursday, April 16, NARF attorneys appeared before Judge Brian Morris of the United States District Court of Montana for oral arguments in Rosebud Sioux Tribe v. Trump. Elections turn control of the U.S. Congress over to Republicans, who pledge to move forward on Keystone XL. November: TransCanada says the costs of Keystone XL have grown to US$8 billion from US$5.4 billion. The federal government violated the 1851 Treaty of Ft Laramie and 1855 Lame Bull Treaty, in which the US committed to protect against future harm to the tribes natural resources. After the District Courts decision, President Trump took the extraordinary step of revoking the original KXL permit issued by the State Department and issuing a new permit himself. TransCanada failed to comply with Rosebud and Fort Belknap law. For more than a decade, we've fought to keep this filthy fossil fuel from being dredged up and piped through the United States. As an expansion of the companys existing Keystone Pipeline System, which has been operating since 2010 (and continues to send Canadian tar sands crude oil from Alberta to various processing hubs in the middle of the United States), the pipeline promised to dramatically increase capacity to process the 168 billion barrels of crude oil locked up under Canadas boreal forest. Maps issued by TransCanada (TC Energy) clearly show the proposed KXL pipeline crossing tribal lands. April: TransCanada submits a new route to officials in Nebraska for approval. The Rosebud Sioux Tribe and the Fort Belknap Indian Community intend to move ahead with their claims against the United States and to demand that the United States honor its legal obligations. (Indeed, Keystone XL was viewed as an essential ingredient in the oil industrys plans to triple tar sands production by 2030. The Keystone XL Pipeline Is Dead, but TC Energy Still Owns Hundreds of Miles of Rights of Way Many landowners who opposed the pipeline have begun a new fight, trying to regain control of the land . It has been determined that the pervasive violence against indigenous women amounts to genocide. Trespassing into Rosebuds mineral estates, held in trust, without Rosebuds consent is a violation of the 1851 and 1868 Fort Laramie Treaties. Last month, a Keystone Pipeline spill released more than 383,000 gallons of oilhalf of an Olympic swimming pool. Whats more, the whole process of getting the oil out and making it usable creates three to four times the carbon pollution of conventional crude extraction and processing. The people and the planet can claim more than a few victoriesand 2019 is looking better already. Rather than honoring these legal obligations, the United States has chosen to blatantly violate them. Today, the United States District Court for the District of Montana, Great Falls Division, heard arguments in Rosebud Sioux Tribe v. Trump. During this time of uncertainty and crisis, NARF is committed to protecting the health, safety, and rights of Native Americans. We hope the Keystone XL Map will add a visual resource that supports the education and advocacy efforts of social movements working for Indigenous sovereignty and a just transition to renewable energy.. TransCanada ignores the threat that this influx of people creates during the COVID-19 pandemic. It was proposed to be an extension of the existing Keystone Pipeline System, which has been in operation since 2010. A similar crude oil project, the Dakota Access Pipeline has received media attention in previous years due to the police and state reactions to the protests over its creation. This dirty, dangerous oil, which is almost impossible to clean and affects the health of people, is bad news for our countryand the planet.
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