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Today, the Presidents of Rosebud Sioux Tribe and Fort Belknap Indian Community were in federal court to invoke their sacred inheritance from these treatiesbecause the KXL pipeline is exactly the kind of depredation the Tribes sought to prevent, NARF Staff Attorney Natalie Landreth explained after the hearings. The proposed Keystone XL (KXL) Pipeline would cross Nebraska, Montana, and South Dakota, including tribal lands. The KXL order was issued on Wednesday as part of the first wave of Biden's promised environmental justice and climate action policies, which include rejoining the Paris agreement and halting. 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. BILLINGS, Mont. 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. Many had hoped that the disastrous project was finally done for in November 2015, when the Obama administration vetoed the pipelineacknowledging its pervasive threats to climate, ecosystems, drinking water sources, and public health. It has willfully ignored the pipelines impacts on tribal communities. In 2015, the U.S. State Department, under President Barack Obama, declined to grant the northern leg of the Keystone XL project the permit required to construct, maintain, and operate the pipeline across the U.S.Canada bordera permit that President Trump later granted and President Biden once again revoked. The permitting process was completed only 56 days after TransCanada submitted its application for the third time. Revoking the March 2019 Permit for the Keystone XL Pipeline. The spill affected 200,000 square feet of wetlands, which could take years to recoverif it ever does. 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. September: TransCanada and ConocoPhillips file an application for the Keystone XL Phase 4 extension. 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. Frighteningly, the KXL pipeline design would only detect 13,000 barrels (535,000 gallons) of tar sands crude leaked in a 24-hour period. 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. Meanwhile, major new tar sands projects stopped moving forward, despite investments from the government of Alberta, Canada. With President Trumps illegal permit revoked, the Tribes plan to continue their efforts to ensure that TransCanada, and its proposed Keystone XL project, follows all applicable laws that are in place to protect tribal people and ancestral lands. Watch on Keystone XL 329 miles (529 km) in Canada (Hardisty, Alta., to Monchy, Sask.) January: Nebraska Gov. 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. In creating this version of the map, we were grateful to build on the substantial efforts of the Keystone Mapping Project to determine an accurate pipeline route. Its costly both to produce and to ship, particularly by rail, which would be an alternative to Keystone XL. Its mines are a blight on Canadas boreal, where mining operations dig up and flatten forests to access the oil below, destroying wildlife habitat and one of the worlds largest carbon sinks. We will On his fourth day in office, Trump signed an executive order to allow Keystone XL to move forward. A study published in early 2020, co-authored by TC Energys own scientists, found that the anti-corrosion coating on the projects pipes was damaged from being stored outside and exposed to the elements for the last decade, notes NRDC senior attorney Jaclyn Prange, who spent years working on KXL litigation. TransCanada ignores the threat that this influx of people creates during the COVID-19 pandemic. But Nebraskas got a slew of public hearings on the calendar, and legal challenges loom large. Its a pipeline through America, and it threatens to be a disaster for us if it leaks poisons on the way. Leading scientists and economists came out in opposition to the project, in addition to unions and world leaders such as the Dalai Lama, Archbishop Desmond Tutu, and former president Jimmy Carter (together, these and other Nobel laureates have written letters against the project). President Bidens action today is an important first step in correcting the callous disregard for tribal sovereignty that has flourished in recent years. As of 2019, the estimated population was 39,185. NARF will not allow the US government to ignore or forget the agreements made with tribal nations. Recent governmental reports contain new data about climate change, which necessitates new analysis. Opposition to Keystone XL centered on the devastating environmental consequences of the project. All construction was stopped. The online map can be found here: https://climatealliancemap.org/kxl-map In the meantime, the court issued an injunction pursuant to the Clean Water Act in another case that prevents TransCanada from crossing any rivers. Obama says TransCanada is free to submit another application. "The Keystone XL Pipeline is an environmental crime in progress." "It's also been called the most destructive project on the planet." The major issues with the Keystone XL Pipeline are "the dirty tar sands oil, the water waste, indigenous populations, refining tar sands oil and don't forget the inevitable; pipeline spills." In addition to the intervention, a hearing has been scheduled in Rosebud Sioux Tribe et al v. United States Department of State et al. Goldtooth called Bidens decision a vindication of the hard work and struggle many indigenous communities have put forth in protest of the pipeline. Therefore, the Rosebud Sioux Tribal Utiity Commission held public hearings on the proposed TransCanada KXL Pipeline on Tuesday, May 28, and Wednesday, May 29, 2019 at the St. Francis Indian School Gym, 502 Warrior Dr, St Francis, SD 57572. But environmental reviews by both the Obama and Trump administrations concluded that the Keystone XL pipeline would not have lowered gasoline prices. On November 17, 2020, the Rosebud Sioux Tribe and the Fort Belknap Indian Community, represented by the Native American Rights Fund and co-counsel, 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. Earlier this week, NARF filed a motion to intervene at the Ninth Circuit Court of Appeals in the Indigenous Environmental Network v. U.S. Department of State case regarding the federal permit for the Keystone XL pipeline. The Rosebud Sioux Tribe and Fort Belknap Indian Community have government-to-government treaties with the United States that the President cannot violate. Historic flooding recently inundated parts of the Cornhusker State where the proposed Keystone XL pipeline would pass through. Standing Rock Sioux and Dakota Access Pipeline | Teacher Resource The injunction blocking KXL construction has now been lifted. Back in 2017, the mainline of the Keystone pipeline ruptured in South Dakota outside of the Lake Traverse Reservation, home to the Sisseton Wahpeton Oyate. The decision echoed a seven-year State Department review process with EPA input that concluded the pipeline would fail to serve national interests. Dealing in tar sands oil is an expensive endeavor. Rosebud Sioux and Fort Belknap file suit against Keystone XL - Native The Keystone XL Developer's Position TransCanada, a Canadian corporation, owns or has interests in $48 billion of long-life assets primarily pipelines and power-generation facilities in Canada, the United States and Mexico and is expected to see $38 billion in new projects completed by the end of this decade 18. Public documents about extractive projects are often difficult to find and hard to read. The Rosebud Sioux Tribe and Fort Belknap Indian Community successfully stood strong for years to protect their people, water, and sacred lands from the threat of the Keystone XL Pipeline. When TC Energy said the pipeline would create nearly 119,000 jobs, a State Department report instead concluded the project would require fewer than 2,000 two-year construction jobs and that the number of full-time, permanent jobs would hover around 35 after construction. The briefest look at American and Canadian history clearly shows that the pipeline situations are most certainly not the first instance of the government refusing to respect the lands, waters, and even peoples of indigenous groups. But the movement has had setbacks: a federal judge in Louisisana recently. 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. The Keystone XL Pipeline: When Native Activism - Change The Chamber As much as they would like to, TransCanada cannot ignore the laws that protect Native American people and lands.. Farmers, ranchers, tribes, and conservation groups helped keep the project stalled for Trumps full four years in office, despite his best efforts to expedite its approval. Last month, a Keystone Pipeline spill released more than 383,000 gallons of oilhalf of an Olympic swimming pool. Revoking the Trump administrations illegal permit is a necessary first step towards fixing this situation, Fort Belknap Indian Community President Andrew Werk Jr. explained. It would increase mining by accelerating the production and transportation of crude oil. Until 2016,Canadaofficially objected to the United Nations Declaration on the Rights of Indigenous Peoples. To that end, the government must examine the potential impact of pipeline construction and man-camps on Native people, especially women and children. Although TC Energy had twice been denied a permit for the Keystone XL pipeline, on January 24, 2017, President Trump invited TC Energy to resubmit its application. The Pros And Cons Of Trans Alaska Pipeline. Read the memo in support of preliminary injunction. And when tar sands oil does spill, its more difficult to clean up than conventional crude because it immediately sinks to the bottom of the waterway. Jessica Ravitz, CNN. The Keystone XL Pipeline: Everything You Need To Know | NRDC Refining the sticky black gunk produces piles of petroleum coke, a hazardous, coal-like by-product. 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. Opposition outside the courts was swift and strong as well. The Keystone XL Pipeline was an oil pipeline system planned to run throughout the northern United States and southern Canada. DAPL may be underway, but the water protectors at Standing Rock taught us a lot about going up against the fossil fuel industry. 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. 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. its plants and animals, and the natural systems on which all life depends. President Bordeaux had this to say about the KXL pipeline: There are a great many things that trouble us about this project. The XL stands for export limited. If completed, KXL would add another 510,000 barrels of capacity. U.S. Coast Guard Petty Officer Second Class Lauren Jorgensen. In his recent proclamation, Missing and Murdered American Indians and Alaska Natives Awareness Day, 2019, President Trump declared it imperative to end the violence that disproportionately affects American Indian and Alaska Native communities. Last month, the Keystone base pipeline spilled in Missouri; while the spill was caught early and a small amount of crude was lost, the fact that it spilled speaks volumes to the safety of such projects going forward. People must understand that the Ogalalla Aquifer that this pipeline will cross covers 8 states and waters 30 percent of American crops. Even its maps do not give enough detail to show impacts on Indian lands. Take action today. During this time of uncertainty and crisis, NARF is committed to protecting the health, safety, and rights of Native Americans. TC Energy has indicated it will be looking at a very ambitious 2020 construction season to make up for the lost time, as well. 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. 6210 Bristol Pkwy. There are countless historical, cultural, and religious sites in the planned path of the pipeline that are at risk of destruction, both by the pipelines construction and by the threat of inevitable ruptures and spills if the pipeline becomes operational. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Boulder, CO (303) 447-8760 These sands contain bitumen, a gooey type of petroleum that can be converted into fuel. President Trump did not like these decisions. 5855 Green Valley Cir, Culver City, CA - MapQuest The Native American Rights Fund and our clients will continue to fight to ensure our treaties are upheld and that the health and welfare of our people is protected. Because of the highly corrosive and acidic nature of the tar sands oil, there contains a higher likelihood that the pipeline will leak. February: TransCanada announces it will build Phase 3 of the Keystone Pipeline as a separate project that is not subject to presidential permission, since it does not cross an international border. Trump administration approves Keystone pipeline on U.S. land The court rightly found that today.. We have been mistreated in this process, and TC Energy has never sought or obtained our consent to build a pipeline in our territory, including on lands held in trust by the United States. On October 16, 2020, the court held that the Presidents permit only applied to the border and not the entire pipeline, but that the tribes could sue the Bureau of Land Management (BLM) for its KXL permitting. Rosebud has land use, environmental, and utilities codes that apply, and TransCanada must comply with Rosebud law on Rosebud land. Keystone XL would have crossed agriculturally important and environmentally sensitive areas, including hundreds of rivers, streams, aquifers, and water bodies. After more than 10 years of tenacious protests, drawn-out legal battles, and flip-flopping executive orders spanning three presidential administrations, the Keystone XL pipeline is now gone for good. TransCanada agreed to abide by tribal law. When that failedthanks to a lawsuit brought by NRDC and other groupsTrump reissued the cross-border permit himself. The treaties and laws guarantee us protections, and we are committed to see that those laws are upheld., Fort Belknap Indian Community President Andy Werk also commented, The TransCanada announcement is a relief to those of us who stood in the pipelines path. Its a threat to our climate, our drinking water, and our safety. NARF has two important updates regarding our defense of the Rosebud Sioux Tribe and the Fort Belknap Indian Community against the Keystone XL pipeline. March: The U.S. Department of State issues a Presidential Permit authorizing Keystone facilities at the U.S.-Canada border. In exchange for measures like safe passage of emigrants and peaceful construction of the railroads, the US government and tribal nations signed treaties to prevent intrusion on or destruction of tribal nations lands and natural resources. TransCanada's plan to dig a trench and bury part of its $7 billion, 1,700-mile Keystone XL pipeline right through this land has unearthed a host of Native American opposition, resentments. 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. Although, the pipelines proposed path crosses the plaintiff tribes homelands, the tribes have not been consulted as required by law and DOI policy. 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. TransCanada estimated South Dakota spills at no more than once every 41 years. We would score a victory, and it would have huge ramifications for holding off construction at critical times, says NRDC attorney Cecilia Segal, who has worked on KXL litigation since 2017. 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. Of course, TransCanada claims that KXL will be safe, that it will be state of the art. 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. Today, the United States District Court for the District of Montana, Great Falls Division, heard arguments in Rosebud Sioux Tribe v. Trump. Therefore, on Monday March 2, 2020, the Fort Belknap Indian Community and Rosebud Sioux Tribe filed a motion for preliminary injunction and asked the court to not allow TransCanada to begin construction of the pipeline while the case is under review. In granting the right-of-way, the BLM failed to analyze and uphold the United States treaty obligations to protect the Tribes lands and natural resources. On the campaign trail, Biden vowed to cancel the Keystone XL cross-border permit should he win the presidencyand on his first day in office, he made good on that promise. The pipelines proposed route crosses through traditional Lakota homelands and treaty territories, and will affect not only the Rosebud Sioux Tribe, but also Native Nations in Montana, South Dakota, and Nebraska. We cannot allow another pipeline to be constructed, dangerously close to yet another tribal community, for the benefit of a foreign energy company.. Since the approval, the Trump administration has been sued twice by environmental organizations and lost each time. 'No more broken treaties': indigenous leaders urge Biden to shut down 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 new complaint in Rosebud Sioux Tribe v. Trump responds to President Trumps March 29 presidential permit. Keystone XL was a terrible idea from the start, Swift said. Maps issued by TransCanada (TC Energy) clearly show the proposed KXL pipeline crossing tribal lands. Keystone pipeline's path cuts across Native American land, history In a huge success for the tribes, people, and sacred places in the path of the proposed pipeline, TransCanada (TC Energy) announced in June 2021 that it is terminating its Keystone XL pipeline project. The 1868 Treaty of Ft. Laramie and other federal laws requires Rosebud consent to cross Rosebud territory. On March 28, 2017, his State Department illegally approved a cross-border permit for the pipeline, reversing the Obama administrations prior determination that KXL would not serve the national interest. Even as Trump and TC Energy tried to revive the pipeline, polls showed that a majority of Americans opposed it. This pipeline was proposed in 2008 and has been referred to as either the Keystone XL pipeline or KXL. This lines up with an industry trend: Oil and gas companies are exporting 8.4 million barrels of crude oil and refined fuels every single day. Culver City is a city in Los Angeles County, California. This decision reversed two previous administrative decisions and was done without any public comment or environmental analysis. The company behind the controversial Keystone XL project that President Joe Biden effectively killed on his first day of office had an oil spill record "worse than the national average" over a. State Disclosures. Dave Heineman approves the proposed route for Keystone XL, sending the project back to the State Department for review. For tribal lands, the treaties absolutely require this sort of review. It poured 407, 000 gallonsalmost 3,000,000 poundsof crude oil into the ground. These lands are Indian lands. Keystone XL Pipeline Map The proposed Keystone XL extension actually comprised two segments. February: A Nebraska judge rules that the law that allowed the governor to approve Keystone XL over the objections of landowners was unconstitutional. Regardless of the new permit and political maneuvering, the President is required to honor the treaties and the Constitution. On January 20, 2021, President Biden signed an Executive Order revoking the Keystone XL (KXL) pipeline permit issued by the Trump administration. This undisputed fact, that the pipeline would cross Rosebud mineral estates held in trust, has several legal implications: The publicly available maps that the Tribes have seen show that the pipeline corridor also would cross Rosebud surface and mineral estates. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. We must ensure our people are safe, and that the economic security, health, welfare, and general well-being of Rosebud and our members are protected. ante wasteya nape iuzapelo (I take your hand in friendship). Since it first went into operation in 2010, TC Energys original Keystone Pipeline System has leaked more than a dozen times; one incident in North Dakota sent a 60-foot, 21,000-gallon geyser of tar sands oil spewing into the air. Indeed, moving crude by rail to the Gulf costs substantially more than moving it by pipe. 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. 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. 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. Complicating matters, leaks can be difficult to detect. TransCanada failed to comply with Rosebud and Fort Belknap law. 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. For more than a decade, we've fought to keep this filthy fossil fuel from being dredged up and piped through the United States. At every turn, the Tar Sands Invasion would put people and the environment in harm's way. Snaking its way from Alberta to Nebraska, the pipeline would cross the United States-Canada border in Philips County, Montana, directly adjacent to Blaine County and the Fort Belknap Indian Reservation. 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.. 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. There did occur a series of protests for many months, in opposition of the creation of the pipeline. Rosebud Sioux Tribe President Rodney M. Bordeaux spoke to the KXL issue, In approving the Keystone XL pipeline, the federal government repeatedly ignored treaty rights, tribal sovereignty, and widespread opposition to push forward the interests of a foreign oil and gas company. City Maps - City of Culver City A spill would have been devastating to the farms, ranches, and communities that depend on these crucial ecosystems. And TC Energy still must abide by federal and tribal law. 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. Those leaks will be undetected unless/until they are huge. New Map Shows KXL Pipeline Route - Indigenous Environmental Network Like the US Constitution, treaties are the law of the land, and no one is above that law, said NARF Staff Attorney Matthew Campbell. The reversal came as no surprise. It was a blatant attempt to prioritize corporate interests over the health and well-being of the regions citizens and tribes authority to govern their lands and protect their citizens. 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. The Rosebud Sioux Tribealso known as the Siangu Lakota Oyateis one of the seven tribes that make up the Oeti Sakowin (the Seven Council Fires of the Lakota people).