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Recent governmental reports contain new data about climate change, which necessitates new analysis. In 2015, when the Keystone XL pipeline was being debated, numerous Native American tribes and the Indigenous Environmental Network organized against it. TC Energy has indicated it will be looking at a very ambitious 2020 construction season to make up for the lost time, as well. In fact, the treaties were created specifically for this sort of violation. The Tribes are entitled to protect the health and welfare of their people and territory and to ensure that their treaties are upheld. The following are quotes from the project partners: And these exports are more than 10 times the capacity of the proposed Keystone XL pipeline. State Disclosures. The pipeline path skirts federal tribal land boundaries in South Dakota, Baker said, yet will still cut "almost through the heart" of a large protion of the land set aside for exclusive use by tribal nations, as recognized by the 1851 and 1868 Laramie Treaties.The pipe would cross native spiritual sites, burial grounds, hunting lands and sources of drinking water, including the Mni Wiconi . People must understand that the Ogalalla Aquifer that this pipeline will cross covers 8 states and waters 30 percent of American crops. We invite anyone interested in providing testimony to attend. on April 10, 2019, in Montana. This is great news for the tribes, people, and sacred places in the path of the proposed pipeline. 6210 Bristol Pkwy Culver City CA 90230-6924. 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. Tar sands lie beneath the northern Alberta boreal forest. The Tribes filed this amended complaint (1) to stop the President from trying to circumvent the court and (2) to add claims against TC Energy Corp. (formerly TransCanada Corp.) because maps now show the pipeline corridor crossing tribal territory and water supplies. Also in the filings, the Tribes point out that, contrary to defendants arguments, neither the presidents foreign affairs power, nor his role as commander in chief provide him authority to permit the pipeline. 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. The United States formally agreed, among other things, to keep outsiders off Sioux and other tribal nations territory and protect tribal natural resources. It was proposed to be an extension of the existing Keystone Pipeline System, which has been in operation since 2010. Pipelines like the Keystone XL and Dakota pipelines as well as other fossil fuel projects actively pollute native land and water resources as well as consistently contribute to global warming due to their high greenhouse gas emissions. The U.S. Environmental Protection Agency (EPA) initially stated that, on a wells-to-wheels basis, tar sands oil emits 17 percent more carbon than other types of crude, but several years later, the State Department revised this number upward, stating that the emissions could be 5 percent to 20 percent higher than previously indicated. That means burdening the planet with an extra 178.3 million metric tons of greenhouse gas emissions annually, the same impact as 38.5 million passenger vehicles or 45.8 coal-fired power plants. UAB also encourages applications from individuals with disabilities and veterans. They have laws protecting their water and those laws must be respected. During this time of uncertainty and crisis, NARF is committed to protecting the health, safety, and rights of Native Americans. Despite a court order to reassess the Dakota Access Pipelines environmental impact, the agency wont share the results of its new study. TransCanada ignores the threat that this influx of people creates during the COVID-19 pandemic. 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. The people and the planet can claim more than a few victoriesand 2019 is looking better already. President William Kindle of the Rosebud Sioux Tribe (Sicangu Lakota Oyate) promised continued vigilance in light of the Nebraska Public Service Commissions decision today to permit TransCanada Corp.s proposed Keystone XL pipeline to cross that states lands. The takedown of the notorious Keystone XL (KXL) tar sands pipeline will go down as one of this generations most monumental environmental victories. 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. We look forward to working with the new administration to ensure that, going forward, Native peoples are included in decision-making discussions and policy development that affect their land, people, and treaty rights.. Pipeline under construction in Alberta, Canada. Because of the highly corrosive and acidic nature of the tar sands oil, there contains a higher likelihood that the pipeline will leak. The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. EPA staff perform oil and sediment sampling near Battle Creek, Michigan, after the Kalamazoo spill. January: Obama rejects the Keystone Pipeline, saying the December bill did not allow enough time to review the new route. So, in March he withdrew the State Departments permit and issued his own presidential permit as an attempt to avoid any environmental or regulatory oversight and to circumvent the court decisions. keep you informed with the latest alerts and progress reports. For over a decade, Indigenous nations and communities have continuously denied consent to the KXL pipeline from crossing their territories, citing environmental concerns, the desecration of sacred sites, treaty rights violations, and the risks of sexual violence connected with man camps. To provide the best experiences, we use technologies like cookies to store and/or access device information. The pipeline continually threatens the sanctity of indigenous sacred lands and the purity and safety of the local water supply. Among other things, the complaint describes: NARF Staff Attorney Matthew Campbell explained, Before we allow a foreign company to build another pipeline to haul dirty tar sands across any American soil, we should be taking a hard look at the possible impact on American land, water, health, and safety. The revoked permit became the final nail in the pipelines coffin. The Keystone XL pipeline was proposed by the energy infrastructure company TC Energy. See our request for intervention. On his fourth day in office, Trump signed an executive order to allow Keystone XL to move forward. 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. Indeed, one study found that between 2007 and 2010, pipelines moving tar sands oil in Midwestern states spilled three times more per mile than the U.S. national average for pipelines carrying conventional crude. For example, in 2020, Teck Resources withdrew its 10-year application to build the largest tar sands mine in history, citing growing concern surrounding climate change in global markets. In fact, TransCanada outlined several activities scheduled for April all along the route of the pipeline, not just at the border. But, the President must comply with the Treaties, and TC Energy must comply with Rosebud law. Trespassing into Rosebuds mineral estates, held in trust, without Rosebuds consent is a violation of the 1851 and 1868 Fort Laramie Treaties. But then the Trump administration would do something to undercut us outside of court. The administration also attempted to issue other permits for the project, all based on flawed environmental analyses, eventually prompting more lawsuits, including two from NRDC and its allies. The city was named after its founder, Harry Culver. The XL stands for export limited. If completed, KXL would add another 510,000 barrels of capacity. If you are worried about the KXL pipeline, take action now. The pipeline would cross the two sources of water for the Mni Wiconi Project. There did occur a series of protests for many months, in opposition of the creation of the pipeline. On Friday, December 20, 2019, NARF and their clients, the Rosebud Sioux Tribe and the Fort Belknap Indian Community (the Tribes) received some great news from a Montana court. It runs from the Western Canadian Sedimentary Basin in Alberta to refineries in Illinois and Texas, and also to oil tank farms and an oil pipeline distribution center in Cushing, Oklahoma. 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. 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. The federal court denied the United States federal governments and the TransCanadas (TC Energy) efforts to dismiss the Tribes case against the KXL Pipeline. The southern portion of the pipeline, from Oklahoma to Texas, has already been completed. A timeline of the Keystone Pipeline project is below. UAB is an Equal Opportunity/Affirmative Action Employer committed to fostering a diverse, equitable and family-friendly environment in which all faculty and staff can excel and achieve work/life balance irrespective of race, national origin, age, genetic or family medical history, gender, faith, gender identity and expression as well as sexual orientation. Treaties are more than solemn promises between nations. Over the years, the United States government willingly made very specific promises to tribal nations. In late 2018 and early 2019, the courts repeatedly blocked TransCanadas attempts to start construction on the Keystone XL pipeline. The pipeline would have stretched 1,179 . On Wednesday, June 9, 2021, TransCanada (TC Energy) announced that it is terminating its Keystone XL pipeline project. The spill affected 200,000 square feet of wetlands, which could take years to recoverif it ever does. Seated in a camping chair, Faith Spotted Eagle, 68, pulls a blanket around her to ward off the cold. In granting a permit for the pipeline, the President has ignored his obligation to protect the Rosebud Sioux Tribe in direct violation of the Fort Laramie Treaties of 1851 and 1868, ignored federal right of way and mineral statutes, and ignored basic principles of federal Indian law. 9 Result (s) Found. These lands are Indian lands. For those of you that will not be able to attend, I ask that you submit a letter about your concerns and in support of our lawsuit. The Rosebud Sioux Tribe (Sicangu Lakota Oyate) and the Fort Belknap Indian Community (Assiniboine (Nakoda) and Gros Ventre (Aaniiih) Tribes) 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 Montana, Great Falls Division, for numerous violations of the law in the Keystone XL pipeline permitting process. 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. Complicating matters, leaks can be difficult to detect. This is one of the reasons for the lawsuit. NARF has two important updates regarding our defense of the Rosebud Sioux Tribe and the Fort Belknap Indian Community against the Keystone XL pipeline. Obama says TransCanada is free to submit another application. Dealing in tar sands oil is an expensive endeavor. Disclaimer: The views, thoughts, and opinions expressed in this blog post are the authors only and do not necessarily reflect the official position of UAB or the Institute for Human Rights. On November 17, 2020, the Tribes filed a federal lawsuit against the United States Department of Interior and the BLM over their January 2020 issuing of the KXL permit. The Rosebud Sioux Tribejust like South Dakota, Nebraska, and Montanahas a duty to protect the health and welfare, of its citizens. Its costly both to produce and to ship, particularly by rail, which would be an alternative to Keystone XL.