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Even its maps do not give enough detail to show impacts on Indian lands. The Rosebud Sioux Tribejust like South Dakota, Nebraska, and Montanahas a duty to protect the health and welfare, of its citizens. Maps issued by TransCanada (TC Energy) clearly show the proposed KXL pipeline crossing tribal lands. Some of the current concerns are rooted in our responsibility to take care of Unci Maka, which is grandmother earth. TC Energy has indicated it will be looking at a very ambitious 2020 construction season to make up for the lost time, as well. It has also been determined that tar sands oil emits 17 percent more carbon than other forms of crude oil. Keystone XL Pipeline Map The proposed Keystone XL extension actually comprised two segments. The technical storage or access that is used exclusively for anonymous statistical purposes. 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. 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. President Trump did not like these decisions. 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. Rosebud Sioux Tribes President Rodney Bordeaux delivered the South Dakota State of the Tribes address in January. Browse our map catalog downloadable PDFs and our interactive maps. In 2017, the US State Department released a study which proved that carbon emissions could be between 5 and 20 percent higher than the original 17 percent estimation. 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 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 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. To that end, the government must examine the potential impact of pipeline construction and man-camps on Native people, especially women and children. When they entered into treaties with the United States, the tribal nations meant to protect their natural resources (water, grasslands, and game) and keep people from crossing their lands. 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. 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 pipeline would have stretched 1,179 . When you sign up you'll become a member of NRDC's Activist Network. Those treaties are binding to this day, and we expect them to be honored. 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. Meanwhile, major new tar sands projects stopped moving forward, despite investments from the government of Alberta, Canada. In fact, TransCanada outlined several activities scheduled for April all along the route of the pipeline, not just at the border. The total for the Keystone pipeline's 2017 gush onto. President Bordeaux had this to say about the KXL pipeline: There are a great many things that trouble us about this project. 36-inch diameter pipeline Capacity of 830,000 barrels per day MYTH: Since the route permit was first certified in 2010, there is less need for Keystone XL in South Dakota. 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 . Although, the pipelines proposed path crosses the plaintiff tribes homelands, the tribes have not been consulted as required by law and DOI policy. The pipeline path skirts federal tribal land boundaries in South Dakota, Baker said, yet will still cut "almost through the heart" of a large protion of the land set aside for exclusive use by tribal nations, as recognized by the 1851 and 1868 Laramie Treaties.The pipe would cross native spiritual sites, burial grounds, hunting lands and sources of drinking water, including the Mni Wiconi . The Keystone XL (KXL) Pipeline is the proposed Phase 4 of the Keystone Pipeline system, which already is online with a capacity to carry more than 500,000 barrels per day. The biggest concern with the Keystone XL Pipeline would be a spill in an environmentally sensitive area, such as the . It connects Cushing, Oklahoma, to Port Arthur, Texas. 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. This is one of the reasons for the lawsuit. The Natural Resources Defense Council works to safeguard the earth - its people, Take action today. But, the President must comply with the Treaties, and TC Energy must comply with Rosebud law. March: The U.S. Department of State issues a Presidential Permit authorizing Keystone facilities at the U.S.-Canada border. 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. If and when TransCanada provides sufficient maps of the pipelines route, we expect that we will see even more affected tribal lands. In addition to the intervention, a hearing has been scheduled in Rosebud Sioux Tribe et al v. United States Department of State et al. Fort Belknap has declared a state of emergency on the reservation because of the extremely dangerous COVID-19 pandemic and its threat to the health and well-being of the Gros Ventre and Assiniboine tribal members, said President Werk of the Fort Belknap Indian Community, We are very concerned about TransCanada bringing in outside construction workers from all over to build this pipeline within an hour from our reservation., Rosebud has issued a curfew, closed businesses, and asked all to shelter in place because of the COVID-19 pandemic. harm to the political integrity, economic stability, and health and welfare of the Tribes. We invite anyone interested in providing testimony to attend. In 2015, the Obama administration vetoed the pipeline due to its potential threats to the climate, drinking water, public health, and ecosystems of the local communities. Watch on Keystone XL 329 miles (529 km) in Canada (Hardisty, Alta., to Monchy, Sask.) This map felt particularly timely as construction crews break ground on initial sections of the proposed Keystone XL pipeline. As the elected President of the Rosebud Sioux Tribe, I write regarding a critical issue affecting not only our Tribe, but all of the United States. Natural Resources Defense Council 2023 Privacy Policy January: The Nebraska Supreme Court narrowly strikes down the lower-court decision, ruling that the governors actions were constitutional. The southern portion of the pipeline, from Oklahoma to Texas, has already been completed. February: A Nebraska judge rules that the law that allowed the governor to approve Keystone XL over the objections of landowners was unconstitutional. 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 pipeline would consist of 875 miles of 36-inch pipe with the capacity to transport 830,000 barrels per day" (Parfomak, Pirog, Luther and Vann 4). The water delivery system for the Rosebud Sioux Tribe is called the Mni Wiconi, which translates to Water is Life. On February 11, 2019, an 1,800-gallon spill was detected in Missouri on the main Keystone line, and last year more than 400,000 gallons were spilled from the main Keystone line in South Dakota near a tribal community. A Peoples Orientation to a Regenerative Economy, Chief Theresa Spence and Attawapiskat First Nation file urgent action with UN committee, Indigenous Storytellers Ashley Fairbanks and Jennifer K. Falcon Launch New Podcast We Keep The Fire: Indigenous Climate Futures, Inyo County tribes, residents, and leaders welcome the news of an indefinite suspension of drilling activities at Conglomerate Mesa. Meet some of the people who are striving to stop TransCanadas dirty tar sands oil pipeline once and for all. 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. This story was originally published on April 7, 2017, and has been updated with new information and links. 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. Even as Trump and TC Energy tried to revive the pipeline, polls showed that a majority of Americans opposed it. Dirty energy lobbyists claimed developing tar sands would protect our national energy security and bring U.S. fuel prices down. Culver City is a city in Los Angeles County, California. Canada is considered one of the most water-rich countries in the world and yet many indigenous communities continue to be provided with inadequate access to safe drinking water which provides a large public health concern for these communities. DAPL may be underway, but the water protectors at Standing Rock taught us a lot about going up against the fossil fuel industry. And TC Energy still must abide by federal and tribal law. They contain a form of petroleum called bitumen, a relatively sludgy substance that can be turned into fuel. January: Nebraska Gov. Its route intercepted Native American land and posed a threat to their water supply. The revoked permit became the final nail in the pipelines coffin. A timeline of the Keystone Pipeline project is below. February : The Keystone-Cushing Phase 2 of the pipeline goes online. This rate of toxic spills is much more frequent than TransCanada predicted and reported to the federal government. With the original permit revoked, the Ninth Circuit yesterday decided to dismiss as moot the case based on that original permit. 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. And the risk that Keystone XL would have spilled was heightened because of the extended time the pipe segments were left sitting outside in stockpiles. New climate change information requires a new environmental impact analysis. They are proposing to do so without the tribal consent required under the treaty law. Trespassing into Rosebuds mineral estates, held in trust, without Rosebuds consent is a violation of the 1851 and 1868 Fort Laramie Treaties. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. 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. The most recent leak, large enough to partially fill a swimming pool, was not big enough to trigger the leak detection system. January: Obama rejects the Keystone Pipeline, saying the December bill did not allow enough time to review the new route. The United States formally agreed, among other things, to keep outsiders off Sioux and other tribal nations territory and protect tribal natural resources. The judge found that the US State Department had not fulfilled its duties to the American people when it issued TransCanada a 2017 permit for the Keystone XL pipeline without the required environmental and safety review. 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. On March 23, 2017, the U.S. Department of State granted TransCanadas permit application and issued it a presidential permit to construct and operate the Keystone XL Pipeline. 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. 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. Its time to accelerate our transition to the clean energy sources that will power a prosperous future.. At the end of July, the Rosebud Sioux Tribe and the Fort Belknap Indian Community (the Tribes) filed their response to the defendants motions to dismiss in Rosebud Sioux Tribe v. Trump. This dirty, dangerous oil, which is almost impossible to clean and affects the health of people, is bad news for our countryand the planet. The pipeline faced more than a decade of sustained protests from environmental activists and organizations; Indigenous communities; religious leaders; and the farmers, ranchers, and business owners along its proposed route. One was Nebraskas Ogallala Aquifer, which provides drinking water for millions as well as 30 percent of Americas irrigation water. The United States must answer to the Tribes for violations of the treaties and be instructed to honor them. However, despite youth and elderly leaders being in the front during the inevitable standoffs with police, Mace, tasers, and rubber bullets were used against the protestors. NARF Staff Attorney Natalie Landreth praised the decision, The courts decision means that ALL of the tribes claims on the current permits will proceed. It also traverses land that Native. Neither the president nor wealthy foreign corporations are above the laws of our country. Many indigenous populations have fought for over a decade to defend their water and land rights against fossil fuel companies. 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. 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. See our request for intervention. That spill, not far from the Sisseton Wahpeton Oyates reservation, was the second Keystone spill in South Dakota in seven years. 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 city was named after its founder, Harry Culver. 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. 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. Watch President Bordeauxs full State of the Tribe address. A two-week delay in the face of a pandemic would seem like the obvious course of action. Those leaks will be undetected unless/until they are huge. 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. The Tribes asked the court to rescind the illegal issuance of the Keystone XL pipeline presidential permit. 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. Large stretches of Keystone have been shut down. 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. 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.. In June 2021, TC Energy announced that it was abandoning its plans for building the pipeline for goodputting an end to a fossil fuel project that had loomed over waterways, communities, and the climate for more than a decade. People must understand that the Ogalalla Aquifer that this pipeline will cross covers 8 states and waters 30 percent of American crops. NRDC and its partners also found the majority of Keystone XL oil would have been sent to markets overseasaided by a 2015 reversal of a ban on crude oil exports. But the groundswell of public protest was up against a formidable opponenthundreds of millions spent on lobbying by the fossil fuel industry. The court asked for supplemental briefing on whether the President had the constitutional authority to issue the permit in the first place, which the Tribes are working on now. The KXL phase of the pipeline cuts directly through the traditional homelands of our client tribes. BILLINGS, Mont. NRDC.org stories are available for online republication by news media outlets or nonprofits under these conditions: The writer(s) must be credited with a byline; you must note prominently that the story was originally published by NRDC.org and link to the original; the story cannot be edited (beyond simple things such as time and place elements, style, and grammar); you cant resell the story in any form or grant republishing rights to other outlets; you cant republish our material wholesale or automaticallyyou need to select stories individually; you can't republish the photos or graphics on our site without specific permission; you should drop us a note to let us know when youve used one of our stories. Opposition outside the courts was swift and strong as well. 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. Anchorage, AK (907) 276-0680 To that end, the Rosebud Sioux Tribal Utility Commission will be holding a public hearing on Tuesday, May 28, 2019, and Wednesday, May 29, 2019, to address the Keystone XL pipeline and its impacts on our territory and people. The only claims dismissed are the ones that the Tribes conceded should be dismissed because they were based on an old permit. When the Obama administration refused to grant the cross-border permit necessary to build TC Energys Keystone XL oil pipeline in November 2015, it struck a blow against polluting powers and acknowledged the consensus on this misguided project from a wide swath of communities, experts, and organizations. UAB also encourages applications from individuals with disabilities and veterans. September: Canadas National Energy Board approves the Canadian section. March: Canadas National Energy Board approves the Canadian section of the Keystone XL. The Pros And Cons Of Trans Alaska Pipeline. 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. The federal court denied the United States federal governments and the TransCanadas (TC Energy) efforts to dismiss the Tribes case against the KXL Pipeline. On January 20, 2021, President Biden signed an Executive Order revoking the Keystone XL (KXL) pipeline permit issued by the Trump administration. The 2019 pipeline approval violates both of these provisions. 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.