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. a new mini-documentary entitled Take Action: Protect Our Land., their response to the defendants motions to dismiss. Those leaks will be undetected unless/until they are huge. It is a project that has moved forward without regard to legality or safety. 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 . Not consenting or withdrawing consent, may adversely affect certain features and functions. The Tribes filed this amended complaint (1) to stop the President from trying to circumvent the court and (2) to add claims against TC Energy Corp. (formerly TransCanada Corp.) because maps now show the pipeline corridor crossing tribal territory and water supplies. January: Nebraska Gov. Indeed, moving crude by rail to the Gulf costs substantially more than moving it by pipe. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Boulder, CO (303) 447-8760 (Indeed, Keystone XL was viewed as an essential ingredient in the oil industrys plans to triple tar sands production by 2030. The mineral estates qualify as Indian lands and the Tribe has jurisdiction over them. 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. Listen to more voices from the community on the NARF YouTube channel. Police arrest approximately one thousand people. The KXL order was issued on Wednesday as part of the first wave of Biden's promised environmental justice and climate action policies, which include rejoining the Paris agreement and halting. November: TransCanada says the costs of Keystone XL have grown to US$8 billion from US$5.4 billion. With President Trumps illegal permit revoked, the Tribes plan to continue their efforts to ensure that TransCanada, and its proposed Keystone XL project, follows all applicable laws that are in place to protect tribal people and ancestral lands. January: The Cushing MarketLink Phase 3a pipeline goes online. And these exports are more than 10 times the capacity of the proposed Keystone XL pipeline. One was Nebraskas Ogallala Aquifer, which provides drinking water for millions as well as 30 percent of Americas irrigation water. It was a political step, having nothing to do with what the law actually requires. It has been determined that the pervasive violence against indigenous women amounts to genocide. The presidential permit comes nearly a decade after Calgary-based TransCanada applied to . The Natural Resources Defense Council works to safeguard the earth - its people, Rosebud Sioux Tribe President Rodney M. Bordeaux spoke to the KXL issue, In approving the Keystone XL pipeline, the federal government repeatedly ignored treaty rights, tribal sovereignty, and widespread opposition to push forward the interests of a foreign oil and gas company. Since the approval, the Trump administration has been sued twice by environmental organizations and lost each time. This field is for validation purposes and should be left unchanged. Public documents about extractive projects are often difficult to find and hard to read. 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. Meet some of the people who are striving to stop TransCanadas dirty tar sands oil pipeline once and for all. If and when TransCanada provides sufficient maps of the pipelines route, we expect that we will see even more affected tribal lands. On Thursday, April 16, NARF attorneys appeared before Judge Brian Morris of the United States District Court of Montana for oral arguments in Rosebud Sioux Tribe v. Trump. These lands are Indian lands. But the movement has had setbacks: a federal judge in Louisisana recently. The U.S. Senate approves a bill to build Keystone XL. To provide the best experiences, we use technologies like cookies to store and/or access device information. January: ConocoPhillips acquires a 50% stake in the project. President Bidens executive order was a landmark achievement and a sigh of relief for indigenous and environmental activists alike. 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. Our Land Use, Environmental Protection, and Public Utilities Codes directly apply, and TC Energy has failed to comply with them. Take action today. In their permit application, TransCanada agreed to abide by tribal laws and regulation, which they have failed to do. It was proposed to be an extension of the existing Keystone Pipeline System, which has been in operation since 2010. The Dakota Access Pipeline The controversial construction of the Dakota Access Pipeline (DAPL) gained national and international attention when the U.S. Army Corps of Engineers accepted an application filed by Energy Transfer Partners, a Texas-based developer behind the project. NARF is honored to represent the Rosebud Sioux and Fort Belknap Tribes to fully enforce the laws and fight this illegal 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. The market case had also deteriorated. 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. Of course, TransCanada claims that KXL will be safe, that it will be state of the art. The Keystone XL pipeline was proposed by the energy infrastructure company TC Energy. ante wasteya nape iuzapelo (I take your hand in friendship). February : The Keystone-Cushing Phase 2 of the pipeline goes online. 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. (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 . For more than a decade, we've fought to keep this filthy fossil fuel from being dredged up and piped through the United States. The first, a southern leg, had already been completed and now runs between Cushing, Oklahoma,. November: The Obama administration rejects TransCanadas application to build the Keystone XL pipeline. 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. 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. They were bargained for with the blood of our ancestors. The 2019 supplemental environmental impact statement has numerous issues and shortcomings. 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. Fort Belknap has a Cultural Property Act that applies to the pipeline. Do not allow TC Energy and the Trump Administration to ignore their legal and corporate responsibilities to the American people. In granting a permit for the pipeline, the President has ignored his obligation to protect the Rosebud Sioux Tribe in direct violation of the Fort Laramie Treaties of 1851 and 1868, ignored federal right of way and mineral statutes, and ignored basic principles of federal Indian law. 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. The first, a southern leg, had already been completed and now runs between Cushing, Oklahoma, and Port Arthur, Texas. Five years ago, a pipeline spilled a million gallons of tar sands crude into a Michigan riverand were still cleaning it up. February: TransCanada Corporation proposes the Keystone Pipeline project. 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 . The United States formally agreed, among other things, to keep outsiders off Sioux and other tribal nations territory and protect tribal natural resources. Since its construction in 1977, the Trans Alaska Pipeline has transported almost 17 billion barrels of oil, and currently transports about 527,323 barrels a day. It was proposed to be an extension of the existing Keystone Pipeline System, which has been in operation since 2010. Browse our map catalog downloadable PDFs and our interactive maps. 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. To that end, the government must examine the potential impact of pipeline construction and man-camps on Native people, especially women and children. Over the years, the United States government willingly made very specific promises to tribal nations. It is the largest underground water source in the United States. Without Keystone XL, the tar sands industry has been forced to cancel projects rather than shift to rail, subsequently leaving more of the earths dirtiest fuel in the ground where it belongs. 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 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. 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? See the open letter from President Kindle for more information on the Rosebud Sioux Tribes position. Maps issued by TransCanada (TC Energy) clearly show the proposed KXL pipeline crossing tribal lands. TransCanada ignores the threat that this influx of people creates during the COVID-19 pandemic. 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. But Keystone XL . On the map users will be able to locate the pipeline route, pumping stations, pipe storage yards, and man camp locations (also known as construction camps). Phase 3b is added later, connecting the pipeline from Port Arthur to Houston, Texas. The case is now up to the Tribes, and they will not allow a foreign company to break American law, take land that does not belong to them, ignore the voices and laws of the tribal citizens, and destroy an aquifer that feeds millions of Americans. In 2015, when the Keystone XL pipeline was being debated, numerous Native American tribes and the Indigenous Environmental Network organized against it. TransCanada must comply with Rosebud law. The KXL phase of the pipeline cuts directly through the traditional homelands of our client tribes. Rather than honoring these legal obligations, the United States has chosen to blatantly violate them. 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 . Based on the current status of indigenous peoples within the United States, it is evident that these treaties and those that followed were either never fulfilled or were manipulated to provide leverage for the United States government. Tribes and the United States government sign Treaties of Fort Laramie establishing respective territories. The pipeline had been projected to carry oil nearly 1,200 miles (1,900km). The spill, more than 400,000 gallons of unprocessed crude, is the seventh largest on-shore spill since 2002. Meanwhile, major new tar sands projects stopped moving forward, despite investments from the government of Alberta, Canada. Yes, Trump has green-lighted the controversial Keystone XL pipeline. It would increase mining by accelerating the production and transportation of crude oil. 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. The Keystone XL Pipeline was an oil pipeline system planned to run throughout the northern United States and southern Canada. Earlier this year, the Keystone pipeline leaked 1,800 gallons of oil less than half a mile from the Mississippi River. For companies considering whether to invest in a long-lived tar sands project (which could last for 50 years), access to cheap pipeline capacity plays a major role in the decision to move forward or not. 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. 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.. Thanks for signing up. The second segment was the hotly contested 1,209-mile northern lega shortcut of sortsthat would have run from Hardisty, Alberta, through Montana and South Dakota to Steele City, Nebraska. August-September: Keystone XL protesters organize two weeks of civil disobedience at the White House. BILLINGS, Mont. Its nasty stuff., A fully realized Keystone XL would have led to more mining of that nasty stuff by accelerating the pace at which its produced and transported. Phase 2 and 3 did not require Presidential Permits and were built over several years starting in 2010. In creating this version of the map, we were grateful to build on the substantial efforts of the Keystone Mapping Project to determine an accurate pipeline route. President Trump is now a defendant and the case is now called Rosebud et al v. Trump, et al. The government failed to even evaluate an alternate route to avoids tribal treaty lands. 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. amended complaint in what will now be known as, an amended complaint against TransCanada and President Trump. 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 takedown of the notorious Keystone XL (KXL) tar sands pipeline will go down as one of this generations most monumental environmental victories. 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 . The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. 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 was first initiated in 2010, and Indigenous activists protested for a decade against its construction. Finally, massive fossil fuel infrastructure investments like KXL undermine efforts to minimize global warming and prioritize clean energy like wind and solar. 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. 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. NARF has two important updates regarding our defense of the Rosebud Sioux Tribe and the Fort Belknap Indian Community against the Keystone XL pipeline. The goal was to transport 830,000 barrels of crude, tar sand oil to refineries on the American Gulf Coast each day. The mining depletes and pollutes freshwater resources, creates massive ponds of toxic waste, and threatens the health and livelihood of the First Nations people who live near them. Its costly both to produce and to ship, particularly by rail, which would be an alternative to Keystone XL. 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. 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. Revoking the March 2019 Permit for the Keystone XL Pipeline. In addition to the intervention, a hearing has been scheduled in Rosebud Sioux Tribe et al v. United States Department of State et al. This new permit is a blatant attempt to avoid any environmental analysis for the pipeline that United States law and courts have required. With this construction, workers will descend on the communities along the pipelines proposed path. January: Obama rejects the Keystone Pipeline, saying the December bill did not allow enough time to review the new route. It runs from the Western Canadian Sedimentary Basin in Alberta to refineries in Illinois and Texas, and also to oil tank farms and an oil pipeline distribution center in Cushing, Oklahoma. 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.