But Keystone XL . Tracey Osborne, Climate Alliance Mapping Project This is great news for the tribes, people, and sacred places in the path of the proposed pipeline. Standing Rock Sioux and Dakota Access Pipeline | Teacher Resource We are ensuring that TC Energy (TransCanada) follows and respects our law. It would increase mining by accelerating the production and transportation of crude oil. On June 6, the Ninth Circuit Court of Appeals dismissed a case that sought to revoke the permit for TC Energys (TransCanada) Keystone XL (KXL) Pipeline. It has been determined that the pervasive violence against indigenous women amounts to genocide. 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. 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. Washington, DC (202) 785-4166. Pipeline opponents file a lawsuit against the Nebraska government claiming the state law used to review the new route is unconstitutional. Joye Braun, IEN Community Organizer, Only until November 18, 2019, you can comment on the KXL Supplementary Environmental Impact Statement (SEIS). Tar sands oil is thicker, more acidic, and more corrosive than lighter conventional crude, and this ups the likelihood that a pipeline carrying it will leak. It was expected to transport 830,000 barrels of Alberta tar sands oil per day to refineries on the Gulf Coast of Texas. Once resubmitted, the U.S. State Department did not bother to seek any new information or public comment, but instead quickly granted TC Energy a permit. Jessica Ravitz, CNN. 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. Frontline Indigenous youth, who have been standing up against destructive oil pipelines for years, are imploring President Biden to join them in protecting their water, lands, and cultures. The Fort Belknap Indian Community and Rosebud Sioux Tribe, represented by the Native American Rights Fund, continued their fight against the illegal permitting of the Keystone XL Pipeline with two filings in the US District Court of Montana. The lands, water, and promises made in those treaties were paid for, literally, with the blood of our ancestors and relatives. TC Energy has indicated it will be looking at a very ambitious 2020 construction season to make up for the lost time, as well. The 2019 pipeline approval violates both of these provisions. With this construction, workers will descend on the communities along the pipelines proposed path. Five years ago, a pipeline spilled a million gallons of tar sands crude into a Michigan riverand were still cleaning it up. Heres everything you need to know about the historic KXL fightand why the pipelines cancellation has had no impact on current oil prices. The construction of the Keystone XL Pipeline would strengthen the United States economy, provide energy security and have minimal environmental impact. The revoked permit became the final nail in the pipelines coffin. Heres why thats a disaster in the making. The Natural Resources Defense Council works to safeguard the earth - its people, This hearing will focus on the United States motion to dismiss. 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. 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. Indigenous leaders are encouraging him to go even further and cancel more controversial fossil fuel projects, such as the Dakota Access pipeline. The pipeline would cross the two sources of water for the Mni Wiconi Project. Our health and safety should take priority over companies profits. 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. Some of the current concerns are rooted in our responsibility to take care of Unci Maka, which is grandmother earth. The pipeline had been projected to carry oil nearly 1,200 miles (1,900km). On Wednesday, June 9, 2021, TransCanada (TC Energy) announced that it is terminating its Keystone XL pipeline project. You may remember the Keystone XL pipeline from 2015, when a movement galvanized by the growing threat of climate change successfully pushed President Obama to reject the project. 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 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. This map is a free and public tool designed to support impacted communities along the route about the risks of living in proximity to fossil fuel pipelines and development. 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. 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. keep you informed with the latest alerts and progress reports. 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. Culver City, California | Ultimate Pop Culture Wiki | Fandom 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. 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. But activists say the water protector strategy has proven effective with the cancelation of the Keystone XL pipeline. As of 2019, the estimated population was 39,185. 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. 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. 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. The Fort Belknap Indian Community and the Rosebud Sioux Tribe, represented by the Native American Rights Fund, have separately sued TC Energy and President TrumpRosebud Sioux Tribe v. Trump. Anchorage, AK (907) 276-0680 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. TransCanada ignores the threat that this influx of people creates during the COVID-19 pandemic. Refining the sticky black gunk produces piles of petroleum coke, a hazardous, coal-like by-product. 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. 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. These sands contain bitumen, a gooey type of petroleum that can be converted into fuel. 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. President Trump tried to go around the courts, the laws, and the will of the American people, in order to put a foreign-owned pipeline on tribal lands, said NARF Staff Attorney Natalie Landreth. 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. The tribes filed a response to TransCanadas motion for summary judgment and a memorandum in support of their own motion for partial summary judgment. Native Americans At Standing Rock Participate In Centuries Old Protest Rosebud Sioux Tribes President Rodney Bordeaux delivered the South Dakota State of the Tribes address in January. In the United States, there live over 5.2 million indigenous peoples and among them, 573 federally recognized tribes, numerous unrecognized nations, and many communities scattered across the North American continent, displaced by a long history of western oppression and forced assimilation. March: Canadas National Energy Board approves the Canadian section of the Keystone XL. In addition to the intervention, a hearing has been scheduled in Rosebud Sioux Tribe et al v. United States Department of State et al. The technical storage or access that is used exclusively for statistical purposes. (a) On March 29, 2019, the President granted to TransCanada Keystone Pipeline, L.P. a Presidential permit (the "Permit") to . However, maps now reveal that the pipeline will cross tribal lands and water suppliesso the pipeline and the president MUST comply with tribal laws and treaties. TransCanada agreed to abide by tribal law. 6210 Bristol Pkwy Culver City CA 90230-6924. This pipeline will benefit a Canadian company and its shareholders. The U.S. Senate approves a bill to build Keystone XL. 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 Rosebud Sioux Tribe and Fort Belknap Indian Community have government-to-government treaties with the United States that the President cannot violate. In short, tar sands oil represents no small threat to our environment, and our best stance against it, as the rallying cry goes, is to keep it in the ground.. Although, the pipelines proposed path crosses the plaintiff tribes homelands, the tribes have not been consulted as required by law and DOI policy. The market case had also deteriorated. Because of the highly corrosive and acidic nature of the tar sands oil, there contains a higher likelihood that the pipeline will leak. TransCanada must comply with Rosebud law. They contain a form of petroleum called bitumen, a relatively sludgy substance that can be turned into fuel. The Keystone XL Pipeline: Everything You Need To Know | NRDC But immediately after taking office, President Donald Trump brought the zombie project back to life, along with the legal battles against it. (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 . BILLINGS, Mont. Keystone XL And Native Americans: South Dakota Tribes Fight - HuffPost TC Energy must follow the law, and that includes our laws and regulations with respect to the construction of this pipeline. At every turn, the Tar Sands Invasion would put people and the environment in harm's way. The founder of Bold Nebraska has led the Cornhusker States years-long rallying cry against TransCanadas tar sands pipeline. Treaties are more than solemn promises between nations. So this is a complete win for the tribes on the motions to dismiss. 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 water has been there to support the people on their ancestral lands since time immemorial. But, the President must comply with the Treaties, and TC Energy must comply with Rosebud law. 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. Revoking the March 2019 Permit for the Keystone XL Pipeline. 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. Rather than honoring these legal obligations, the United States has chosen to blatantly violate them. A spill would have been devastating to the farms, ranches, and communities that depend on these crucial ecosystems. On October 16, 2020, the judge ruled against the Tribes on some claims, finding that the Presidents permit only applied to the border and not the entire pipeline. The Tribes are asking the court to put a short hold on construction until a hearing scheduled later this month. We are joined in a fight against an invisible enemy that we now know is highly contagious before its hosts even show symptoms, said President Bordeaux of the Rosebud Sioux Tribe, Based on these extraordinary circumstances, we ask that TransCanada halt any construction during this pandemic.. The people and the planet can claim more than a few victoriesand 2019 is looking better already. The southern portion of the pipeline, from Oklahoma to Texas, has already been completed. NARF Staff Attorney Natalie Landreth said, We believe its imperative for the voices of our tribal clients to be heard regarding the impacts of the proposed pipeline. Take action today. This rate of toxic spills is much more frequent than TransCanada predicted and reported to the federal government. The era of building fossil fuel pipelines without scrutiny of their potential impact on climate change and on local communities is over, Swift says. To that end, the government must examine the potential impact of pipeline construction and man-camps on Native people, especially women and children. update email soon. Upon entering office, President Trumpwith his pro-polluter cabinet of fossil fuel advocates, billionaires, and bankersquickly demonstrated that his priorities differed. 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. It's derived from a sludgy, sticky deposit found beneath the wilds of northern Albertas boreal forest. February: A Nebraska judge rules that the law that allowed the governor to approve Keystone XL over the objections of landowners was unconstitutional. 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. 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. Read the memo in support of preliminary injunction. The goal was to transport 830,000 barrels of crude, tar sand oil to refineries on the American Gulf Coast each day. And TC Energy still must abide by federal and tribal law. See the related statement from Rosebud Sioux Tribe President Bordeaux. Between the threat of sexual violence and contraction of the coronoavirus, arrival of KXL construction workers in our homelands poses deadlier risks than ever before and must be stopped. 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. 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. The Keystone XL pipeline, briefly explained The Keystone XL pipeline became an almost perfect example of the various stakeholders Native communities, climate activists, scientists,. January: The Nebraska Supreme Court narrowly strikes down the lower-court decision, ruling that the governors actions were constitutional. 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. The proposed Keystone XL extension actually comprised two segments. 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. State Disclosures. The Keystone XL pipeline was proposed by the energy infrastructure company TC Energy. See our original complaint filed. 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. 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. However, for the Tribes, the KXL fight is just beginning. Even its maps do not give enough detail to show impacts on Indian lands. 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. Since the approval, the Trump administration has been sued twice by environmental organizations and lost each time. The mineral estates qualify as Indian lands and the Tribe has jurisdiction over them. The Keystone XL Pipeline Is Dead, but TC Energy Still Owns Hundreds of DAPL may be underway, but the water protectors at Standing Rock taught us a lot about going up against the fossil fuel industry. Trespassing into Rosebuds mineral estates, held in trust, without Rosebuds consent is a violation of the 1851 and 1868 Fort Laramie Treaties. The cost is too high. January: The Cushing MarketLink Phase 3a pipeline goes online. the desecration and destruction of cultural, historic, and sacred sites; the endangerment of tribal members, especially women and children; damage to hunting and fishing resources, as well as the tribal health and economies associated with these activities; the impairment of federally reserved tribal water rights and resources; harm to tribal territory and natural resources in the inevitable event of Pipeline ruptures and spills; and. its plants and animals, and the natural systems on which all life depends. NRDC advocates were part of a broad coalition that helped stop Keystone XLfor good. We cannot allow another pipeline to be constructed, dangerously close to yet another tribal community, for the benefit of a foreign energy company.. For more than a decade, we've fought to keep this filthy fossil fuel from being dredged up and piped through the United States. 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. Pipeline representatives start visiting landowners potentially affected by Keystone XL. 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. Opposition emerges in Nebraska. In fact, TransCanada outlined several activities scheduled for April all along the route of the pipeline, not just at the border. TC Energy Says $15B Keystone Claim Can Proceed - Law360 We were not willing to sacrifice our water or safety for the financial benefit of a trans-national corporation. The Keystone XL pipeline extension, proposed by TC Energy (then TransCanada) in 2008, was initially designed to transport the planets dirtiest fossil fuel, tar sands oil, to marketand fast. 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. Keystone XL was a terrible idea from the start, Swift said. It connects Steele City, Nebraska, to Cushing, Oklahoma. The Pros And Cons Of Trans Alaska Pipeline. 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. March: The Trump White House exempts the Keystone Pipeline from the requirement to use U.S. steel. 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. 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. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Boulder, CO (303) 447-8760 Revoking the illegally issued pipeline permit is a start, but we call on the Biden administration to do more, to go further, to respect the rights of Native peoples and improve the relationships between tribes and the federal government.. 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. Trump OKs Keystone pipeline, calling it 'great day' for jobs Neither the president nor wealthy foreign corporations are above the laws of our country. 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 and . At the hearings, the US government argued that the treaties that the United States signed with tribal nations are not relevant to the Keystone pipeline. 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. But the groundswell of public protest was up against a formidable opponenthundreds of millions spent on lobbying by the fossil fuel industry. Its a threat to our climate, our drinking water, and our safety. 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.
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