The Obama Administration and the Army Corps of Engineers officially denied the easement to cross under Lake Oahe in North Dakota after a many months-long campaign by the Standing Rock Sioux Tribe and allies against the Dakota Access Pipeline. The Army Corps will undertake an environmental impact statement (EIS) to look at potential alternative routes for the pipeline.
"Although we have had continuing discussion and exchanges of new information with the Standing Rock Sioux and Dakota Access, it's clear that there's more work to do," Assistant Sec. of the Army (Civil Works) Jo-Ellen Darcy said in a statement. "The best way to complete that work responsibly and expeditiously is to explore alternate routes for the pipeline crossing."
Standing Rock Sioux Tribal Chairman Dave Archambault II celebrated the news. "We wholeheartedly support the decision of the administration and commend with the utmost gratitude the courage it took on the part of President Obama, the Army Corps, the Department of Justice and the Department of the Interior to take steps to correct the course of history and to do the right thing," he said.
"The Standing Rock Sioux Tribe and all of Indian Country will be forever grateful to the Obama Administration for this historic decision. We thank the tribal youth who initiated this movement. We thank the millions of people around the globe who expressed support for our cause. We thank the thousands of people who came to the camps to support us, and the tens of thousands who donated time, talent and money to our efforts to stand against this pipeline in the name of protecting our water. We especially thank all of the other tribal nations and jurisdictions who stood in solidarity with us, and we stand ready to stand with you if and when your people are in need."
The 1,172-mile pipeline would carry 470,000 barrels per day from the Bakken oil fields in North Dakota to a refinery in Illinois. The $3.7 billion project was entering its final stretch. More than 80 percent of the pipeline has already been constructed.
According to a tweet from Dallas Goldtooth of Indigenous Environmental Network, "It is NOT a straight DENIAL but rather a MAJOR suspension on a decision pending a limited EIS. The U.S. Army Corps will conduct a limited Environmental Impact Statement on the river crossing and explore possibilities for alternative routes. This is a win! A huge win!"
Here's what Interior Sec. Sally Jewell tweeted today:
Today's @usarmy announcement underscores that tribal rights are essential components to analysis of #DAPL going for… https://t.co/RjD8ThMJpT— Sally Jewell (@Sally Jewell)1480887506.0
Thousands of veterans arrived at the Oceti Sakowin protest camp today to act as an unarmed militia and peaceful human shields to protect the Indigenous activists from police brutality.
Thousands of #Veterans Arrive at #StandingRock to Act as 'Human Shields' for Water Protectors https://t.co/3hZl2wnBOv @greenpeaceusa @NRDC— EcoWatch (@EcoWatch)1480863807.0
"The water protectors have done it," Greenpeace spokesperson Lilian Molina said. "This is a monumental victory in the fight to protect Indigenous rights and sovereignty. Today's decision shows that when people unite to stand for what's right, they can alter the course of history.
"We are confident that a thorough environmental impact statement will show that this pipeline will jeopardize land and water supply no matter where they attempt to place it. To avoid the worst impacts of climate change, we must keep dirty fossil fuels in the ground.
"Energy Transfer Partners, Governor Dalrymple and President-Elect Trump must respect today's decision and recognize the will of the people to stop this disastrous pipeline. The fight doesn't end today. Any attempt to circumvent the easement denial will be met with staunch resistance."
Here's the rest of Archambault statement:
Throughout this effort I have stressed the importance of acting at all times in a peaceful and prayerful manner – and that is how we will respond to this decision. With this decision we look forward to being able to return home and spend the winter with our families and loved ones, many of whom have sacrificed as well. We look forward to celebrating in wopila, in thanks, in the coming days.
We hope that Kelcey Warren, Governor Dalrymple, and the incoming Trump administration respect this decision and understand the complex process that led us to this point. When it comes to infrastructure development in Indian Country and with respect to treaty lands, we must strive to work together to reach decisions that reflect the multifaceted considerations of tribes.
Treaties are paramount law and must be respected, and we welcome dialogue on how to continue to honor that moving forward. We are not opposed to energy independence, economic development, or national security concerns but we must ensure that these decisions are made with the considerations of our Indigenous peoples.
To our local law enforcement, I hope that we can work together to heal our relationship as we all work to protect the lives and safety of our people. I recognize the extreme stress that the situation caused and look forward to a future that reflects more mutual understanding and respect.
Again, we are deeply appreciative that the Obama Administration took the time and effort to genuinely consider the broad spectrum of tribal concerns. In a system that has continuously been stacked against us from every angle, it took tremendous courage to take a new approach to our nation-to-nation relationship, and we will be forever grateful.
Though made in large part of plastic, glass, ceramics, gold and copper, they also contain critical resources. The gallium used for LEDs and the camera flash, the tantalum in capacitors and indium that powers the display were all pulled from the ground — at a price for nature and people.
"Mining raw materials is always problematic, both with regard to human rights and ecology," said Melanie Müller, raw materials expert of the German think tank SWP. "Their production process is pretty toxic."
The gallium and indium in many phones comes from China or South Korea, the tantalum from the Democratic Republic of Congo or Rwanda. All in, such materials comprise less than ten grams of a phone's weight. But these grams finance an international mining industry that causes radioactive earth dumps, poisoned groundwater and Indigenous population displacement.
Environmental Damage: 'Nature Has Been Overexploited'
The problem is that modern technologies don't work without what are known as critical raw materials. Collectively, solar panels, drones, 3D printers and smartphone contain as many as 30 of these different elements sourced from around the globe. A prime example is lithium from Chile, which is essential in the manufacture of batteries for electric vehicles.
"No one, not even within the industry, would deny that mining lithium causes enormous environmental damage," Müller explained, in reference to the artificial lakes companies create when flushing the metal out of underground brine reservoirs. "The process uses vast amounts of water, so you end up with these huge flooded areas where the lithium settles."
This means of extraction results in the destruction and contamination of the natural water system. Unique plants and animals lose access to groundwater and watering holes. There have also been reports of freshwater becoming salinated due to extensive acidic waste water during lithium mining.
But lithium is not the only raw material that causes damage. Securing just one ton of rare earth elements produces 2,000 tons of toxic waste, and has devastated large regions of China, said Günther Hilpert, head of the Asia Research Division of the German think tank SWP.
He says companies there have adopted a process of spraying acid over the mining areas in order to separate the rare earths from other ores, and that mined areas are often abandoned after excavation.
"They are no longer viable for agricultural use," Hilpert said. "Nature has been overexploited."
China is not the only country with low environmental mining standards and poor resource governance. In Madagascar, for example, a thriving illegal gem and metal mining sector has been linked to rainforest depletion and destruction of natural lemur habitats.
States like Madagascar, Rwanda and the DRC score poorly on the Environmental Performance Index that ranks 180 countries for their effort on factors including conservation, air quality, waste management and emissions. Environmentalists are therefore particularly concerned that these countries are mining highly toxic materials like beryllium, tantalum and cobalt.
But it is not only nature that suffers from the extraction of high-demand critical raw materials.
"It is a dirty, toxic, partly radioactive industry," Hilpert said. "China, for example, has never really cared about human rights when it comes to achieving production targets."
Dirty, Toxic, Radioactive: Working in the Mining Sector
One of the most extreme examples is Baotou, a Chinese city in Inner Mongolia, where rare earth mining poisoned surrounding farms and nearby villages, causing thousands of people to leave the area.
In 2012, The Guardian described a toxic lake created in conjunction with rare earth mining as "a murky expanse of water, in which no fish or algae can survive. The shore is coated with a black crust, so thick you can walk on it. Into this huge, 10 sq km tailings pond nearby factories discharge water loaded with chemicals used to process the 17 most sought after minerals in the world."
Local residents reported health issues including aching legs, diabetes, osteoporosis and chest problems, The Guardian wrote.
South Africa has also been held up for turning a blind eye to the health impacts of mining.
"The platinum sector in South Africa has been criticized for performing very poorly on human rights — even within the raw materials sector," Müller said.
In 2012, security forces killed 34 miners who had been protesting poor working conditions and low wages at a mine owned by the British company Lonmin. What became known as the "Marikana massacre" triggered several spontaneous strikes across the country's mining sector.
Müller says miners can still face exposure to acid drainage — a frequent byproduct of platinum mining — that can cause chemical burns and severe lung damage. Though this can be prevented by a careful waste system.
Some progress was made in 2016 when the South African government announced plans to make mining companies pay $800 million (€679 million) for recycling acid mine water. But they didn't all comply. In 2020, activists sued Australian-owned mining company Mintails and the government to cover the cost of environmental cleanup.
Another massive issue around mining is water consumption. Since the extraction of critical raw materials is very water intensive, drought prone countries such as South Africa, have witnessed an increase in conflicts over supply.
For years, industry, government and the South African public debated – without a clear agreement – whether companies should get privileged access to water and how much the population may suffer from shortages.
Mining in Brazil: Replacing Nature, People, Land Rights
Beyond the direct health and environmental impact of mining toxic substances, quarrying critical raw materials destroys livelihoods, as developments in Brazil demonstrate.
"Brazil is the major worldwide niobium producer and reserves in [the state of] Minas Gerais would last more than 200 years [at the current rate of demand]," said Juliana Siqueira-Gay, environmental engineer and Ph.D. student at the University of São Paulo.
While the overall number of niobium mining requests is stagnating, the share of claims for Indigenous land has skyrocketed from 3 to 36 percent within one year. If granted, 23 percent of the Amazon forest and the homeland of 222 Indigenous groups could fall victim to deforestation in the name of mining, a study by Siqueira-Gay finds.
In early 2020, Brazilian President Jair Bolsonaro signed a bill which would allow corporations to develop areas populated by Indigenous communities in the future. The law has not yet entered into force, but "this policy could have long-lasting negative effects on Brazil's socio-biodiversity," said Siqueira-Gay.
One example are the niobium reserves in Seis Lagos, in Brazil's northeast, which could be quarried to build electrolytic capacitors for smartphones.
"They overlap the Balaio Indigenous land and it would cause major impacts in Indigenous communities by clearing forests responsible for providing food, raw materials and regulating the local climate," Siqueira-Gay explained.
She says scientific good practice guidelines offer a blueprint for sustainable mining that adheres to human rights and protects forests. Quarries in South America — and especially Brazil — funded by multilaterial banks like the International Finance Corporation of the World Bank Group have to follow these guidelines, Siqueira-Gay said.
They force companies to develop sustainable water supply, minimize acid exposure and re-vegetate mined surfaces. "First, negative impacts must be avoided, then minimized and at last compensated — not the other way around."
Reposted with permission from DW.