To that end, the government must examine the potential impact of pipeline construction and man-camps on Native people, especially women and children. Tribes and the United States government sign Treaties of Fort Laramie establishing respective territories. TransCanada agreed to abide by tribal law. See the related statement from Rosebud Sioux Tribe President Bordeaux. The U.S. Senate approves a bill to build Keystone XL. 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. 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. 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. That leak was nothing compared to the 2017 Keystone spill in South Dakota. Hearings on the motion to dismiss were held Thursday, September 12, 2019, in the United States District Court for the District of Montana, Great Falls Division. Native Americans At Standing Rock Participate In Centuries Old Protest Keystone XL Pipeline Map The proposed Keystone XL extension actually comprised two segments. 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 federal government has a treaty obligation to protect tribal citizens likely to suffer increased rates of violence and abuse. Browse our map catalog downloadable PDFs and our interactive maps. 5855 Green Valley Cir, Culver City, CA - MapQuest September: Canadas National Energy Board approves the Canadian section. 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. 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. NARF will not allow the US government to ignore or forget the agreements made with tribal nations. It connects Cushing, Oklahoma, to Port Arthur, Texas. 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. Last month, a Keystone Pipeline spill released more than 383,000 gallons of oilhalf of an Olympic swimming pool. 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. For example, in 2020, Teck Resources withdrew its 10-year application to build the largest tar sands mine in history, citing growing concern surrounding climate change in global markets. Tracey Osborne, Climate Alliance Mapping Project Even its maps do not give enough detail to show impacts on Indian lands. Construction has begun despite the fact that there are three lawsuits currently going on. This is one of the reasons for the lawsuit. Rosebud has land use, environmental, and utilities codes that apply, and TransCanada must comply with Rosebud law on Rosebud land. Maps issued by TransCanada (TC Energy) clearly show the proposed KXL pipeline crossing tribal lands. 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. How a single pipeline project became the epicenter of an enormous environmental, public health, and civil rights battle. 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. President Trump also issued a cross-border permit to the pipeline developer, a permit that had been long sought after for the developers. The Rosebud Sioux Tribe and Fort Belknap Indian Community have government-to-government treaties with the United States that the President cannot violate. 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. Pros And Cons Of The Keystone XL Pipeline | ipl.org NARF will help the Tribe make sure it has considered all of its options for ensuring the safety of the Tribes citizens, territory, and resources., This is their land, their water, said NARF Staff Attorney Natalie Landreth. to Steele City, Neb.) That spill, not far from the Sisseton Wahpeton Oyates reservation, was the second Keystone spill in South Dakota in seven years. Yes, Trump has green-lighted the controversial Keystone XL pipeline. However, for the Tribes, the KXL fight is just beginning. NARF Staff Attorney Natalie Landreth praised the decision, The courts decision means that ALL of the tribes claims on the current permits will proceed. People must understand that the Ogalalla Aquifer that this pipeline will cross covers 8 states and waters 30 percent of American crops. The Keystone XL Pipeline: Everything You Need To Know | NRDC Now TransCanada (TC Energy) wants to add more miles to their leaky Keystone Pipeline. Native American Lands and the Keystone Pipeline Expansion: A Legal The Keystone XL Pipeline Is Dead, but TC Energy Still Owns Hundreds of In these filings, the Tribes highlight that TransCanada admitted that the Keystone XL pipeline would cross Rosebud mineral estates held in trust by the United States. 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. 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. March: The Trump White House exempts the Keystone Pipeline from the requirement to use U.S. steel. 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. 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. The spill affected 200,000 square feet of wetlands, which could take years to recoverif it ever does. The Native American Rights Fund and our clients will continue to fight to ensure our treaties are upheld and that the health and welfare of our people is protected. The Keystone XL Pipeline Is Dead, but TC Energy Still Owns Hundreds of Miles of Rights of Way Many landowners who opposed the pipeline have begun a new fight, trying to regain control of the land . Tar sands lie beneath the northern Alberta boreal forest. 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. 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. January: The Cushing MarketLink Phase 3a pipeline goes online. He also signs an order requiring pipelines in the United States to be built with U.S. steel. The United States formally agreed, among other things, to keep outsiders off Sioux and other tribal nations territory and protect tribal natural resources. Since 2015, CAMP has worked with Indigenous and environmental organizations to build interactive maps that tell stories about climate justice across the Americas. August-September: Keystone XL protesters organize two weeks of civil disobedience at the White House. Keystone XL And Native Americans: South Dakota Tribes Fight - HuffPost Obviously, that is not the case. Revoking the March 2019 Permit for the Keystone XL Pipeline. It was proposed to be an extension of the existing Keystone Pipeline System, which has been in operation since 2010. The federal court denied the United States federal governments and the TransCanadas (TC Energy) efforts to dismiss the Tribes case against the KXL Pipeline. A timeline of the Keystone Pipeline project is below. 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. The reversal came as no surprise. 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. 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. On his first day in office, President Joe Biden signed an executive order canceling the Keystone XL Pipeline Project. June: Phase 1 of the Keystone Pipeline goes online. DAPL may be underway, but the water protectors at Standing Rock taught us a lot about going up against the fossil fuel industry. When that failedthanks to a lawsuit brought by NRDC and other groupsTrump reissued the cross-border permit himself. 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. 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. Like that of the United States, the Rosebud Sioux Tribe also has laws that require us to ensure that any company seeking to build a pipeline in our territory must obtain our consent. City Maps - City of Culver City 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. Its no small feat extracting oil from tar sands, and doing so comes with steep environmental and economic costs. Workers had to excavate sections of the affected pipeline to find and repair the leak. The pipeline had been projected to carry oil nearly 1,200 miles (1,900km). Dirty energy lobbyists claimed developing tar sands would protect our national energy security and bring U.S. fuel prices down. November: The Obama administration rejects TransCanadas application to build the Keystone XL pipeline. 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. We look forward to working with the new administration to ensure that, going forward, Native peoples are included in decision-making discussions and policy development that affect their land, people, and treaty rights.. This dirty, dangerous oil, which is almost impossible to clean and affects the health of people, is bad news for our countryand the planet. 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. Those treaties are binding to this day, and we expect them to be honored. 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. (For evidence, note the 2010 tar sands oil spill in Kalamazoo River, Michigan, a disaster that cost Enbridge more than a billion dollars in cleanup fees and took six years to settle in court.) President Bidens executive order was a landmark achievement and a sigh of relief for indigenous and environmental activists alike. The Keystone XL Pipeline: When Native Activism - Change The Chamber 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. 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. 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. Leading climate scientist and former NASA researcher James Hansen has warned that fully exploiting Canadas tar sands reserves by moving forward with these projects would mean game over for our climate. Frighteningly, the KXL pipeline design would only detect 13,000 barrels (535,000 gallons) of tar sands crude leaked in a 24-hour period. The courts intervention is needed to protect the Tribes precious lands, water, natural, and cultural resources. Our health and safety should take priority over companies profits. Elections turn control of the U.S. Congress over to Republicans, who pledge to move forward on Keystone XL. Importantly, the new complaint also calls on President Trump to protect Native American people. Thats up nearly threefold from a decade ago, and an amount equal to 42 percent of our consumption. In addition to the intervention, a hearing has been scheduled in Rosebud Sioux Tribe et al v. United States Department of State et al.