The Dakota Access Pipeline: What Would Sitting Bull Do?
By Winona LaDuke
It's 2016 and the weight of American corporate interests has come to the Missouri River, the Mother River. This time, instead of the Seventh Cavalry or the Indian police dispatched to assassinate Sitting Bull, it is Enbridge and Dakota Access Pipeline.
In mid-August, Standing Rock Tribal Chairman Dave Archambault II was arrested by state police, along with 27 others, for opposing the Dakota Access Pipeline. In the meantime, North Dakota Gov. Jack Dalrymple called for more police support.
Wiyaka Eagleman has been at the encampment since April and is from one of the seven Sioux council fire tribes set up there.Desiree Kane
Every major pipeline project in North America must cross indigenous lands, Indian Country. That is a problem.
The road west of Fargo is rarely taken. In fact, most Americans just fly over North Dakota, never seeing it.
Let me take you there.
My head clears as I drive. My destination is the homeland of the Hunkpapa Oceti, Standing Rock Reservation. It is early evening, the moon full. If you close your eyes, you can remember the 50 million buffalo—the single largest migratory herd in the world. The pounding of their hooves would vibrate the Earth, make the grass grow.
There were once 250 species of grass. Today the buffalo are gone, replaced by 28 million cattle, which require grain, water and hay. Many of the fields are now in a single GMO crop, full of so many pesticides that the monarch butterflies are dying off. But in my memory, the old world remains.
If you drive long enough, you come to the Missouri River.
Called Mnisose, a great swirling river, by the Lakota, she is a force to be reckoned with. She is breathtaking. "The Missouri River has a fixed place in the history and mythology" of the Lakota and other Indigenous nations of the Northern Plains, author Dakota Goodhouse would explain.
In the time before Sitting Bull, the Missouri River was the epicenter of northern agriculture, the river bed so fertile. The territory was known as the fertile crescent of North America. That was then, before the treaties that reduced the Lakota land base. But the Missouri remained in the treaty—the last treaty of 1868 used the Missouri as a boundary.
Then came the theft of land by the U.S. government and the taking of the Black Hills in 1877, in part as retaliation against Sitting Bull's victory at the Battle of the Little Big Horn. In a time prior to Black Lives Matter or Native Lives Matter, great leaders like Sitting Bull and Crazy Horse were assassinated at the hands of police.
One truth: The Lakota people have survived much.
Forced into the reservation life, the Lakota attempted to stabilize their society, until the dams came. The 1944 Pick Sloan project flooded out the Missouri River tribes, taking the best bottom lands from the Mandan, Hidatsa and Arikara, the Lakota and Dakota. More than 200,000 acres on the Standing Rock and Cheyenne River reservations in South Dakota were flooded by the Oahe Dam itself, forcing not only relocation, but a loss of the Lakota world. The Garrison, Oahe and Fort Randall dams created a reservoir that eliminated 90 percent of timber and 75 percent of wildlife on the reservations.
That is how a people are made poor.
Today, well over two thirds of the population of Standing Rock is below the poverty level—and the land and Mother River are what remains, a constant, for the people. That is what is threatened today.
Enbridge and partners are preparing to drill through the riverbed. The pipeline has been permitted in sections from the west and from the east. The northern portion was moved away from the water supply of Bismarck, into the watershed of Standing Rock. That was unfortunate for the Lakota.
Despite Lakota legal and regulatory objections, the Dakota Access Pipeline construction began in May 2016. If finished it will snake through North and South Dakota, Iowa and Illinois, where it will link to a 774-mile pipeline to Nederland, Texas.
More than 570,000 barrels of Bakken crude oil will pass through the pipeline daily, along with 245,100 metric tons of carbon daily—enough carbon to combust the planet to oblivion.
The pipeline would span 200 water crossings and in North Dakota alone would pass through 33 historical and archeological sites. Enbridge just bought the Dakota Access pipeline, noting that the proposed Sandpiper route—Minnesota's 640,000 barrel per day Bakken line—is now three years behind schedule.
The route of the Dakota Access Pipeline.
In late July, the Standing Rock Sioux Tribe represented by Earthjustice, filed a lawsuit in the U.S. District Court for the District of Columbia against the U.S. Army Corps of Engineers. Standing Rock claims the project violates federal and treaty law. Standing Rock also filed an intervention at the United Nations, in coordination with the International Indian Treaty Council.
As Chairman Archambault explained in a New York Times story:
"The Environmental Protection Agency, the Department of the Interior and the National Advisory Council on Historic Preservation supported more protection of the tribe's cultural heritage, but the Corps of Engineers and Energy Transfer Partners turned a blind eye to our rights. The first draft of the company's assessment of the planned route through our treaty and ancestral lands did not even mention our tribe.
"The Dakota Access pipeline was fast-tracked from Day 1 using the Nationwide Permit No. 12 process, which grants exemption from environmental reviews required by the Clean Water Act and the National Environmental Policy Act by treating the pipeline as a series of small construction sites.
"Without closer scrutiny, the proposal breezed through the four state processes."
In Iowa where work on the pipeline is underway, three fires erupted causing heavy damage to equipment and an estimated $1 million in damages. Investigators suspect arson, according to Jasper County Sheriff John Halferty. In October 2015, three Iowa farmers sued Dakota Access LLC and the Iowa Utilities Board in an attempt to prevent the use of eminent domain on their properties to construct the pipeline.
The health of the Missouri River has been taken for granted.
Dammed in the Pick Sloan Dam projects, each project increases contamination and reduces her health. Today, the Missouri is the seventh most polluted river in the country. Agricultural run-off and now fracking have contaminated the river. My sister fished a gar out of the river, a giant prehistoric fish, only to find it covered with tumors.
Here's just one case: In a January 2015 spill, saltwater contamination from a massive pipeline spill reached the Missouri River. In the baffling way of state and federal agencies, North Dakota's Health Director David Glatt did not expect harm to wildlife or drinking water supplies because the water was diluted. The saying is: "The solution to pollution is dilution." That is convenient, but not true.
Blacktail Creek and the Little Muddy River were contaminated after nearly 3 million gallons of saltwater with elevated levels of chloride contamination. All was diluted. But then there was that gar fish with the tumors.
There are pipelines everywhere and fewer than 150 Pipeline Hazardous Materials Safety Administration (PHMSA) pipeline inspectors in the whole country.
Leonardo DiCaprio Stands With Great Sioux Nation to Stop Dakota Access Pipeline via @EcoWatch https://t.co/aMPErH1OXW @shailenewoodley— Lori Woodley (@Lori Woodley)1470968963.0
And now comes the risk from oil.
The pipeline companies generally discuss a 99 percent safety record, but studies have found that to be grossly inaccurate. A former Scientific American Editor, Trudy Bell, reports that PHMSA data from 2001 to 2011 suggest the average pipeline "has a 57% probability of experiencing a major leak, with consequences over the $l million range in a ten year period."
Not good odds.
At Standing Rock, as the number of protesters grew from 200 to 2000, state law enforcement decided to put up a safety checkpoint and rerouted traffic on Highway 1806 from Bismarck to Standing Rock, hoping to dissuade people from coming and put the squeeze on Standing Rock's Prairie Knights Casino, which is served by that road.
We just drove around; the scenic route is beautiful. And as supporters surge in numbers, the casino hotel and restaurants are full.
While North Dakota seeks to punish the Lakota, Chairman Archambault expresses concerns for everyone:
From the New York Times: "I am here to advise anyone that will listen that the Dakota Access Pipeline project is harmful. It will not be just harmful to my people but its intent and construction will harm the water in the Missouri River, which is one of the cleanest and safest river tributaries left in the Unit States. To poison the water is to poison the substance of life. Everything that moves must have water. How can we talk about and knowingly poison water?"
"Resistance" sign at the site of the drill pad back in May.Desiree Kane
In the meantime, North Dakota Gov. Dalrymple announced a state of emergency, making additional state resources available "to manage public safety risks associated with the ongoing protest of the Dakota Access Pipeline." He may have exceeded his scope of authority and violated civil and human rights to water.
Chairman Archambault's interpretation: "Perhaps only in North Dakota, where oil tycoons wine and dine elected officials and where the governor, Jack Dalrymple, serves as an adviser to the Trump campaign, would state and county governments act as the armed enforcement for corporate interests."
There are a lot of people at Standing Rock today who remember their history and the long standoff at Wounded Knee in 1973. In fact, some of those in Standing Rock today were there in 1973 at Wounded Knee, a similar battle for dignity and the future of a nation.
I am not sure how badly North Dakota wants this pipeline. If there is to be a battle over the pipeline, it will be here. For a people with nothing else but a land and a river, I would not bet against them.
Thousands of Native Americans have joined Standing Rock Sioux tribe members in their protest against the construction of the $3.8 billion Dakota Access Pipeline.Crow Nation News
The great Lakota leader Mathew King once said, "The only thing sadder than an Indian who is not free, is an Indian who does not remember what it is to be free."
The Standing Rock protest camp represents that struggle for freedom and the future of a people. All of us. If I ask the question "What would Sitting Bull do?"—the answer is pretty clear. He would remind me what he said 150 years ago: "Let us put our minds together to see what kind of future we can make for our children."
The time for that is now.
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By Karen Charman
When President Donald Trump visited California on September 14 and dismissed the state Secretary of Natural Resources Wade Crowfoot's plea to recognize the role of climate change in the midst of the Golden State's worst and most dangerous recorded fire season to date, he gaslighted the tens of millions of West Coast residents suffering through the ordeal.
Foxes Guarding the Henhouse<p>Before he assumed power, Trump attacked regulations as unnecessary barriers to freedom and economic prosperity. Since taking office, he has targeted anything enacted by the administration of his predecessor, Barack Obama, and taken steps to withdraw the U.S. from the Paris agreement, the international effort to combat climate change. He has also staffed heads of key agencies with climate deniers of various stripes, forced out career public servants and created a hostile work environment for those who don't profess loyalty to his deregulatory agenda.</p><p>Like Trump himself, some of his cabinet choices displayed an audacious penchant for <a href="https://www.nytimes.com/interactive/2020/09/27/us/donald-trump-taxes.html?action=click&module=Spotlight&pgtype=Homepage" target="_blank">self-dealing</a> and abusing their positions of authority. One example is Trump's first Environmental Protection Agency (EPA) Administrator, Scott Pruitt, who aggressively worked to overturn Obama's climate regulations, spent most of his time in <a href="https://www.washingtonpost.com/national/health-science/trump-epa-head-steps-down-after-wave-of-ethics-management-scandals/2018/07/05/39f4251a-6813-11e8-bea7-c8eb28bc52b1_story.html" target="_blank" rel="noopener noreferrer">private meetings</a> with fossil fuel and chemical company executives, sidelined career EPA staff and reconfigured independent scientific advisory boards to make them more supportive of the industries EPA is charged with regulating. Dubbed "<a href="https://www.latimes.com/politics/la-na-pol-pruitt-leaves-20180705-story.html" target="_blank" rel="noopener noreferrer">one of the most scandal-plagued Cabinet officials in U.S. history</a>," Pruitt resigned in disgrace after revelations about his multiple brazen abuses, including using the agency as his personal concierge service and piggy bank.</p><p>Pruitt's deputy, Andrew Wheeler, a <a href="https://www.cbsnews.com/news/andrew-wheeler-acting-epa-administrator-former-number-two-before-scott-pruitt-resignation/" target="_blank">former coal industry lobbyist</a> and longtime Republican Washington insider, took over and has continued Trump's deregulatory agenda apace.</p><p>At the Department of Interior (DOI), a sprawling agency that oversees 75 percent of the country's public federal lands and includes the U.S. Geological Survey, which is tasked with evaluating natural hazards that threaten life and the health of our ecosystems, Trump installed another flamboyant anti-environmentalist to head the agency. Like Pruitt, Trump's first Interior Secretary Ryan Zinke aggressively attacked environmental regulations, <a href="https://www.washingtonpost.com/news/energy-environment/wp/2017/05/07/epa-dismisses-half-of-its-scientific-advisers-on-key-board-citing-clean-break-with-obama-administration/" target="_blank">ditched more than 200 advisory panels</a>, and pushed to open up vast swaths of public land to oil and gas drilling. Described by one environmental group as "<a href="https://www.washingtonpost.com/national/health-science/interior-secretary-zinke-resigns-amid-investigations/2018/12/15/481f9104-0077-11e9-ad40-cdfd0e0dd65a_story.html" target="_blank" rel="noopener noreferrer">the most anti-conservation Interior secretary in our nation's history</a>," Zinke was forced out after numerous highly publicized conflict-of-interest scandals.</p><p>The DOI is now run by Zinke's deputy secretary, David Bernhardt, another longtime Republican Washington insider and former oil industry lobbyist who has also been the subject of <a href="https://slate.com/news-and-politics/2020/05/this-is-still-happening-david-bernhardt-trump-lincoln.html" target="_blank">several government ethics complaints</a> for various violations favoring polluting industries.</p><p>More recently, longtime climate change denier David Legates, a climatologist at the University of Delaware previously <a href="https://insideclimatenews.org/news/19032015/u-delaware-refuses-disclose-funding-sources-its-climate-contrarian" target="_blank">funded by fossil fuel interests</a>, was hired for a <a href="https://www.npr.org/2020/09/12/912301325/longtime-climate-science-denier-hired-at-noaa" target="_blank" rel="noopener noreferrer">top job</a> advancing weather modeling and prediction at the National Oceanic and Atmospheric Administration (NOAA). Legates has called for <a href="https://www.democracynow.org/2020/9/18/noaa_david_legates_climate_crisis" target="_blank" rel="noopener noreferrer">increasing carbon emissions</a>.</p><p>The Trump administration has done much more than stack government agencies with fossil fuel industry proponents. It has removed or diluted discussion of climate change from as many government platforms as it can and decimated independent scientific advisory boards that provide unbiased, fact-based information the government needs to enact policies that protect the public. It has also <a href="https://thehill.com/policy/energy-environment/482352-trump-budget-slashes-funding-for-epa-environmental-programs" target="_blank" rel="noopener noreferrer">slashed environmental agency staffing and budgets</a>.</p>
The Damage So Far<p>A September 17 <a href="https://rhg.com/research/the-rollback-of-us-climate-policy/" target="_blank">report</a> by the Rhodium Group calculates that 1.8 billion tons more greenhouse gases will be released over the next 15 years as a result of climate change rollbacks the Trump administration has achieved so far. These include repealing Obama's main climate policy, the Clean Power Plan, which was intended to reduce dirty emissions from power plants; increasing pollution from cars by rolling back fuel economy standards and challenging California's longtime authority to set stricter emissions standards; targeting controls on hydrofluorocarbons, powerful greenhouse gases used mainly in refrigerators and air conditioners that also destroy the Earth's protective ozone layer; and allowing unreported and unregulated emissions of methane, another potent greenhouse gas, by oil and gas companies.</p><p>Besides these measures, Trump is also trying to gut core environmental statutes like the Clean Air Act, the Clean Water Act, the National Environmental Policy Act and the Endangered Species Act, all of which were enacted to protect human health and preserve a livable world.</p><p>The Paris agreement aims to keep the rise in average global temperatures at less than 2 degrees Celsius above pre-industrial levels and hopefully cap it at 1.5 degrees C or lower. We are now at approximately 1.2 degrees C and counting.</p>
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By Jan Ellen Spiegel
It wasn't so long ago that the issue of climate change was poised to play a huge – possibly even a decisive – role in the 2020 election, especially in the race for control of the U.S. Senate. Many people supporting Democratic candidates saw a possible Democratic majority as a hedge against a potential Trump re-election … a way to plug the firehose spray of more than 100 environmental regulation rollbacks and new anti-climate initiatives by the administration over its first term.
Potential Climate Voters<p>In a September 1 memo on climate and the election, Andrew Baumann, vice president of the consultants Global Strategy Group, wrote: "Few issues have seen as dramatic a shift in public opinion as climate change has over the last few years. Only marriage equality and the recent shift in views around racial justice outpace the rapid growth in the salience of climate change as an issue."</p><p>Calling it a "winning political issue" the memo says: "First, it is clearly a motivator for both younger and Latinx voters. Second, it has the power to move swing voters, particularly center-right white women."</p><p>Baumann points to a finding that when a group of such women were asked generic ballot questions, Democrats trailed by nine percentage points. But when the question was revised as a choice between:</p><p>"A Democrat who supports taking strong government action to combat climate change.<br>A Republican who opposes taking strong government action to combat climate change."</p><p>… the result was a 29 percentage point shift, putting Democrats ahead by 20 percentage points among that same group.</p><p>"I think it is playing a role," says Senator Sheldon Whitehouse, D-RI, a longtime outspoken climate activist who is on the Senate Environment and Public Works Committee and also on the Senate Democrats' Special Committee on the Climate Crisis. If Democrats win back the Senate, he stands to play an even more pivotal climate role as part of the majority. He is not up for re-election this year.</p><p><span></span>"I think from the Democratic side it's playing a role in generating enthusiasm – particularly making younger voters feel that they have a real stake in this election. On the Republican side, I think things have moved enough that candidates can no longer get away with simply scoffing about climate change."</p>
Climate a Top Concern for Youths, Latinx<p>So who's still thinking climate? Mostly young voters – 18 to 25 or 29 and Latinx voters.</p><p>Climate and the environment are the top concern among young voters, just above racism and healthcare according to <a href="https://circle.tufts.edu/latest-research/poll-young-people-believe-they-can-lead-change-unprecedented-election-cycle" target="_blank" rel="noopener noreferrer">CIRCLE</a>, the Center for Information and Research on Civic Learning and Engagement at Tufts University, which focuses on the political life of young people in the U.S. For Latinx youth, it drops a bit but remains in the top three.</p><p>The issues young people care about have an impact on how they volunteer their time, says Kristian Lundberg, an associate researcher at CIRCLE. He says that's played out most notably through the Sunrise Movement, which focuses on climate change and the environment along with other key activist groups such as Black Lives Matter and March for Our Lives.</p><p>He points to polling this summer that showed that 83% of 18-to-29-year-olds felt they had the power to change things. "Young people feel much more empowerment than in 2016 and 2018," Lundberg says. "It's intentional these movements are carving out space for young people. It's an important strategy."</p><p>In positions of power in these organizations, young people have developed peer-to-peer outreach on activism. And Lundberg says young people have made the leap that connects activism to voting as a lever for change. "In the past in very close races, young people breaking heavily have provided the margin of victory," he says.</p><p>CIRCLE is highlighting 10 U.S. Senate races as ones in which young voters can be decisive. Several of them have notable climate or environmental components – most prominently the Colorado and Montana races.</p><p>The Republican incumbents in each state – Cory Gardner in Colorado and Steve Daines in Montana – are running against a popular Democratic governor – John Hickenlooper in Colorado, now out of office — and Steve Bullock, still the governor of Montana. Both governors have had to balance their state's fossil fuel economic interests with supporting climate change solutions.</p>
Tying Climate Change to the Economy<p>In August, Data for Progress, a progressive research think tank, released polling on climate change – including in the battleground Senate elections in Arizona, Iowa, Maine, and North Carolina – showing voters back a Senate candidate supporting strong climate action.</p><blockquote>Climate change as 'mobilizing issue … key persuasion issue.'<br></blockquote><p>It also showed that linking climate change to the economy may be key. That means talking about clean energy and jobs together, says Danielle Deiseroth, climate data analyst for <a href="https://circle.tufts.edu/latest-research/poll-young-people-believe-they-can-lead-change-unprecedented-election-cycle" target="_blank">Data for Progress</a>. She says that in addition to jobs, climate change issues include climate justice and economic equality – both of heightened interest because of fallout from western wildfires.</p><p>"Climate change, we've observed over the last year or so, is a key mobilizing issue and a key persuasion issue," she says. "Climate issues can only grow support for Democratic candidates.</p><p>"I think it's pretty naive to say climate is the key issue for voters. For a lot of voters it really exemplifies so many things that are wrong with the Trump presidency," Deiseroth says.</p><p>So a factor among others. Helpful, but pivotal only in narrow circumstances.</p><p>At the League of Conservations Voters, a progressive environmentalist organization putting a lot of money and effort into the 2020 races, Senior Director of Political Affairs Craig Auster says: "I'll push back that climate change doesn't matter or isn't registering."</p><p>"It's still showing up in several Senate races. It's been playing a role in almost all of them."</p><p>Candidates are still talking about it, he says, pointing to Colorado, Montana, Iowa, and other states where ads are addressing climate and environmental issues. That shows the candidates believe their opponent is vulnerable on the issue or they're strong on it, he says.</p><p>Like others, Auster calls climate a motivator.</p><p>"Climate change matters," he says. "We have proof point after proof point about what's happening, whether it's a hurricane, a superstorm, derechos in Iowa, or wildfires out west.</p><p>"Pre-COVID it was top tier for Democratic voters along with healthcare. If COVID didn't happen I think climate would be a big deal."</p>
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