In South Dakota, the pipeline would cross through Tripp County, just miles from the boundaries of the Rosebud Indian Reservation and within yards of Rosebuds trust lands and tribal members allotments. June 25, 2020 (Bemidji, MN) - The Indigenous Environmental Network, in collaboration with the Climate Alliance Mapping Project and the Keystone XL Mapping Project, have just launched the KXL Pipeline Map, an interactive tool that highlights the route of the Keystone XL (KXL) pipeline, a tar sands project of the TC Energy corporation.This map is a free and public tool designed to support . June: Phase 1 of the Keystone Pipeline goes online. Winning support in Indian country is one of the last hurdles for the project, which is touted as a key to North American energy . See the open letter from President Kindle for more information on the Rosebud Sioux Tribes position. It would increase mining by accelerating the production and transportation of crude oil. 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 Keystone XL pipeline was proposed by the energy infrastructure company TC Energy. ), It would also have led to greater greenhouse gas emissionswhich, the latest scientific reports makes clear, we simply cant afford if were to avoid the most catastrophic climate impacts. Because of the highly corrosive and acidic nature of the tar sands oil, there contains a higher likelihood that the pipeline will leak. How a single pipeline project became the epicenter of an enormous environmental, public health, and civil rights battle. The people and the planet can claim more than a few victoriesand 2019 is looking better already. On Wednesday, June 9, 2021, TransCanada (TC Energy) announced that it is terminating its Keystone XL pipeline project. In fact, the treaties were created specifically for this sort of violation. June 25, 2020 (Bemidji, MN) The Indigenous Environmental Network, in collaboration with the Climate Alliance Mapping Project and the Keystone XL Mapping Project, have just launched the KXL Pipeline Map, an interactive tool that highlights the route of the Keystone XL (KXL) pipeline, a tar sands project of the TC Energy corporation. TransCanada agreed to abide by tribal law. The courts intervention is needed to protect the Tribes precious lands, water, natural, and cultural resources. 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. The city was named after its founder, Harry Culver. 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. at a much higher rate than company estimates. Phase 3b is added later, connecting the pipeline from Port Arthur to Houston, Texas. We hope the Keystone XL Map will add a visual resource that supports the education and advocacy efforts of social movements working for Indigenous sovereignty and a just transition to renewable energy.. Any new pipeline will leak, it is just a question of when. Now, after the courts have told the United States it must follow the law, President Trump has attempted to circumvent the courts by issuing a new permit. 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). Because it crosses the U.S.-Canada border, Phase 4 does require a Presidential Permit; however, it has been met with opposition since its initial proposal. They were bargained for with the blood of our ancestors. Opposition to Keystone XL centered on the devastating environmental consequences of the project. The Rosebud Sioux Tribe and Fort Belknap Indian Community have government-to-government treaties with the United States that the President cannot violate. The pipeline threat is gone, but the damage to their property and lives is already done. The biggest concern with the Keystone XL Pipeline would be a spill in an environmentally sensitive area, such as the . This is one of the reasons for the lawsuit. As you know, our natural resources are finite. Early in his presidency, President Trump made it a priority to issue permits for the questionable KXL project without the required tribal consultation, environmental review, or consideration for treaty rights. 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. 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 District Court blocked pipeline construction until the government and TC Energy met those legal requirements. In the face of the rapidly evolving COVID-19 pandemic, the Ft. Belknap Indian Community and Rosebud Sioux Tribe asked the court to grant a temporary restraining order on pipeline construction. Keystone XL Pipeline Map The proposed Keystone XL extension actually comprised two segments. Goldtooth called Bidens decision a vindication of the hard work and struggle many indigenous communities have put forth in protest of the pipeline. In 2014, more than two million comments urging a rejection of the pipeline were submitted to the U.S. Department of State during a 30-day public comment period. If the Presidents goal was to avoid complying with the District Courts decision in that case, it worked. He also signs an order requiring pipelines in the United States to be built with U.S. steel. But the case against . 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. Tribes and the United States government sign Treaties of Fort Laramie establishing respective territories. Keystone XL was a terrible idea from the start, Swift said. The proposed Keystone XL extension actually comprised two segments. From the refineries, the oil would be sent chiefly overseasnot to gasoline pumps in the United States. 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. keep you informed with the latest alerts and progress reports. amended complaint in what will now be known as, an amended complaint against TransCanada and President Trump. 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. 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. Court Pulls Key Permit for Massive (and Dirty) Atlantic Coast Pipeline, Hey, Army Corps of EngineersShow Us Your Work in Your DAPL Report, Week 88: Trumps Runaway Train of Deregulation. Our health and safety should take priority over companies profits. The activities described in the projects Environmental Impact Statement, namely rock ripping, blasting, trenching, top soil removal, and replacement of removed materials as backfill would adversely affect Rosebuds mineral estate. 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. 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. update email soon. President Trump did not like these decisions. Frighteningly, the KXL pipeline design would only detect 13,000 barrels (535,000 gallons) of tar sands crude leaked in a 24-hour period. They prohibited any construction until the Trump Administration and TransCanada conduct the necessary review. 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. The southern portion of the pipeline, from Oklahoma to Texas, has already been completed. January: ConocoPhillips acquires a 50% stake in the project. 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 promises made to the Rosebud Sioux Tribe, as well as the Oceti Sakowin, were broken before the ink on Fort Laramie treaties dried. The Tribes are taking a stand for their people, their culture, their water and their future, but they also are taking a stand for YOU, said NARF Staff Attorney Natalie Landreth. U.S. Coast Guard Petty Officer Second Class Lauren Jorgensen. There did occur a series of protests for many months, in opposition of the creation of the pipeline. Browse our map catalog downloadable PDFs and our interactive maps. 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. Importantly, the new complaint also calls on President Trump to protect Native American people. Anchorage, AK (907) 276-0680 When industry-friendly politicians took charge of both congressional houses in January 2015, their first order of business was to pass a bill to speed up approval of Keystone XL. For tribal lands, the treaties absolutely require this sort of review. The Rosebud Sioux Tribe has retained the NARF to represent its interests with regard to the Keystone XL pipeline. They begin by displaying a map of the proposed pipeline that shows that the pipeline will not cross Standing Rock Sioux Reservation, and in fact, it is located entirely on privately owned land except for a 1,094 ft portion . Five years ago, a pipeline spilled a million gallons of tar sands crude into a Michigan riverand were still cleaning it up. 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.. It is a project that has moved forward without regard to legality or safety. But, the President must comply with the Treaties, and TC Energy must comply with Rosebud law. See the related statement from Rosebud Sioux Tribe President Bordeaux. 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. It's derived from a sludgy, sticky deposit found beneath the wilds of northern Albertas boreal forest. It is mostly surrounded by the city of Los Angeles, but also shares . A two-week delay in the face of a pandemic would seem like the obvious course of action. The proposed Keystone XL (KXL) Pipeline would cross Nebraska, Montana, and South Dakota, including tribal lands. Revoking the March 2019 Permit for the Keystone XL Pipeline. Indigenous leaders are encouraging him to go even further and cancel more controversial fossil fuel projects, such as the Dakota Access pipeline. Historic flooding recently inundated parts of the Cornhusker State where the proposed Keystone XL pipeline would pass through. 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 opposition, resentments and ghosts of the . Tracey Osborne, Climate Alliance Mapping Project The court rightly found that today.. Keystone XL Pipeline, Gas Prices, and Oil Exports, Keystone XL Pipeline Environmental Impact, Keystone XL Pipeline Controversy and False Claims, President Trump and the Keystone XL Pipeline, President Biden and the End of the Keystone XL Pipeline, officially abandoned the project in June 2021, tar sands oil spill in Kalamazoo River, Michigan, Its mines are a blight on Canadas boreal, U.S. Environmental Protection Agency (EPA, Farmers, ranchers, tribes, and conservation groups, abandoning its plans for building the pipeline, Ghost Pipelines: How Landowners Suffer, Long After a Project Gets Canceled, The Future Has Spoken: Its Time to Shut Down DAPL and Stop Line 3, Battered by Floods, Nebraskans Worry About Pipeline Spills, 2018 Wasnt a Completely Horrible Year for the Environment, A Rubber Stamp on Keystone XL? Its time to accelerate our transition to the clean energy sources that will power a prosperous future.. 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. To provide the best experiences, we use technologies like cookies to store and/or access device information. Its route intercepted Native American land and posed a threat to their water supply. September: TransCanada and ConocoPhillips file an application for the Keystone XL Phase 4 extension. The Pros And Cons Of Trans Alaska Pipeline. The agencies have not considered the effects of the COVID-19 pandemic on either health and safety or the global oil markets. Although, the pipelines proposed path crosses the plaintiff tribes homelands, the tribes have not been consulted as required by law and DOI policy. April: The State Department suspends the regulatory process indefinitely, citing uncertainty about the court case in Nebraska. 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. 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. 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. The Tribes asked the court to rescind the illegal issuance of the Keystone XL pipeline presidential permit. The spill, more than 400,000 gallons of unprocessed crude, is the seventh largest on-shore spill since 2002. NARF Staff Attorney Natalie Landreth praised the decision, The courts decision means that ALL of the tribes claims on the current permits will proceed. But immediately after taking office, President Donald Trump brought the zombie project back to life, along with the legal battles against it. According to a 2015 personal public financial disclosure report filed with the Federal Election Commission, then-candidate Trump held between $250,000 and $500,000 worth of stock in TransCanada Pipelines, Ltd. NARF Staff Attorney Natalie Landreth explains, President Trump permitted the Keystone XL pipeline because he wanted to. Though she lives on the Yankton Sioux Reservation of South Dakota, Spotted . Bulldozers were seen this week grading the land in Tripp County, South Dakota, adjacent to Rosebud lands. Frighteningly, the KXL pipeline design would only detect 13,000 barrels (535,000 gallons) of tar sands crude leaked in a 24-hour period. 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. Instead, despite the danger to tribal citizens and all of the people living in the area, TransCanada is pushing to quickly build as much of the pipeline as possible. Opposition emerges in Nebraska. This is great news for the tribes, people, and sacred places in the path of the proposed pipeline. The Native American Rights Fund represents the Rosebud Sioux Tribe and Fort Belknap Indian Community in this case. 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. The projects corporate backerthe Canadian energy infrastructure company TC Energyofficially abandoned the project in June 2021 following President Joe Bidens denial of a key permit on his first day in office. On April 23, 2019, the Rosebud Sioux Tribe and Fort Belknap Indian Community, represented by the Native American Rights Fund, filed an amended complaint against TransCanada and President Trump over the handling of the Keystone XL pipeline. 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. August-September: Keystone XL protesters organize two weeks of civil disobedience at the White House. The proposed Keystone XL (KXL) Pipeline would cross Nebraska, Montana, and South Dakota, including tribal lands. Neither the president nor wealthy foreign corporations are above the laws of our country. 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. Paramount Network just released a new mini-documentary entitled Take Action: Protect Our Land. The documentary explores the potential impact of the proposed Keystone XL Pipeline on our client, the Fort Belknap Indian Community in Montana. Pipeline representatives start visiting landowners potentially affected by Keystone XL. The governments analysis does not meaningfully address how an influx of out-of-state construction workers will affect the health, welfare, and safety of tribal members, and in particular Native women and children. Thats up nearly threefold from a decade ago, and an amount equal to 42 percent of our consumption. This means an extra 178.3 million metric tons of greenhouse gas would be emitted annually, a similar impact to 38.5 million cars. One of the central arguments made by pipeline pushers was that tar sands expansion will move forward with or without Keystone XL. 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. As such, they are protected by treaties as well as tribal and federal laws. The US did not adequately review the pipelines proposed route and whether it crosses tribal territory. It connects Cushing, Oklahoma, to Port Arthur, Texas. The water has been there to support the people on their ancestral lands since time immemorial. 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. TransCanada must comply with Rosebud law. Low oil prices and increasing public concern over the climate led Shell, Exxon, Equinor (then Statoil), and Total to either sell their tar sands assets or whittle them down. Some people, seeing a map of the pipeline's proposed 875-mile route through the Great Plains, may picture the region in the terms of 19th-century explorers who called it the "great American desert . The "replacement" pipeline runs mostly on a completely new route through Minnesota, barreling through hundreds of lakes, rivers, aqueducts and wetlands.