The company behind the controversial Keystone XL project that President Joe Biden effectively killed on his first day of office had an oil spill record "worse than the national average" over a. 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. a new mini-documentary entitled Take Action: Protect Our Land., their response to the defendants motions to dismiss. The KXL phase of the pipeline cuts directly through the traditional homelands of our client tribes. 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 a pipeline through America, and it threatens to be a disaster for us if it leaks poisons on the way. Leading scientists and economists came out in opposition to the project, in addition to unions and world leaders such as the Dalai Lama, Archbishop Desmond Tutu, and former president Jimmy Carter (together, these and other Nobel laureates have written letters against the project). TransCanada failed to comply with Rosebud and Fort Belknap law. 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. 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. Digital maps are a powerful way to educate the public about connections between oil and gas extraction, climate change, social justice, and Indigenous rights. Last month, the Keystone base pipeline spilled in Missouri; while the spill was caught early and a small amount of crude was lost, the fact that it spilled speaks volumes to the safety of such projects going forward. You'll receive your first NRDC action alert and 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. The permitting process was completed only 56 days after TransCanada submitted its application for the third time. The spill affected 200,000 square feet of wetlands, which could take years to recoverif it ever does. 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. Treaties are more than solemn promises between nations. There are countless historical, cultural, and religious sites in the planned path of the pipeline that are at risk of destruction, both by the pipelines construction and by the threat of inevitable ruptures and spills if the pipeline becomes operational. UAB also encourages applications from individuals with disabilities and veterans. 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. 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. at a much higher rate than company estimates. Now TransCanada (TC Energy) wants to add more miles to their leaky Keystone Pipeline. 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. TransCanada estimated South Dakota spills at no more than once every 41 years. This interactive tool is a powerful visual for Indigenous communities and our allies along the KXL route. Keystone pipeline's path cuts across Native American land, history Pipeline under construction in Alberta, Canada. 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. EPA staff perform oil and sediment sampling near Battle Creek, Michigan, after the Kalamazoo spill. Take action today. Do not allow TC Energy and the Trump Administration to ignore their legal and corporate responsibilities to the American people. The goal was to transport 830,000 barrels of crude, tar sand oil to refineries on the American Gulf Coast each day. 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. Maps issued by TransCanada (TC Energy) clearly show the proposed KXL pipeline crossing tribal lands. The spill, more than 400,000 gallons of unprocessed crude, is the seventh largest on-shore spill since 2002. 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. The 2019 pipeline approval violates both of these provisions. But activists say the water protector strategy has proven effective with the cancelation of the Keystone XL pipeline. Today, the United States District Court for the District of Montana, Great Falls Division, heard arguments in Rosebud Sioux Tribe v. Trump. January: Obama rejects the Keystone Pipeline, saying the December bill did not allow enough time to review the new route. (Indeed, Keystone XL was viewed as an essential ingredient in the oil industrys plans to triple tar sands production by 2030. 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. The Keystone XL Pipeline was an oil pipeline system planned to run throughout the northern United States and southern Canada. But then the Trump administration would do something to undercut us outside of court. The administration also attempted to issue other permits for the project, all based on flawed environmental analyses, eventually prompting more lawsuits, including two from NRDC and its allies. This is not a pipeline to America, said the late civil rights activist Julian Bond, among the many arrested. Upon entering office, President Trumpwith his pro-polluter cabinet of fossil fuel advocates, billionaires, and bankersquickly demonstrated that his priorities differed. For tribal lands, the treaties absolutely require this sort of review. 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. We are thrilled that the project has been canceled.. Nebraska appeals. 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. See our original complaint filed. Opposition emerges in Nebraska. U.S. Coast Guard Petty Officer Second Class Lauren Jorgensen. The courts intervention is needed to protect the Tribes precious lands, water, natural, and cultural resources. The Keystone XL Pipeline and America's History of Indigenous 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). 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. Winning support in Indian country is one of the last hurdles for the project, which is touted as a key to North American energy . But the case against . It runs from Hardisty, Alberta, to Patoka, Illinois. We were not willing to sacrifice our water or safety for the financial benefit of a trans-national corporation. September: Canadas National Energy Board approves the Canadian section. TC Energy Says $15B Keystone Claim Can Proceed - Law360 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. Indeed, moving crude by rail to the Gulf costs substantially more than moving it by pipe. Its time to accelerate our transition to the clean energy sources that will power a prosperous future.. Historic flooding recently inundated parts of the Cornhusker State where the proposed Keystone XL pipeline would pass through. US President Joe Biden has cancelled permits for the controversial Keystone XL pipeline on his first day in office. Severe oil leaks worsened Keystone pipeline's spill record - POLITICO Of course, TransCanada claims that KXL will be safe, that it will be state of the art. The most recent leak, large enough to partially fill a swimming pool, was not big enough to trigger the leak detection system. Any project that crosses tribal lands must be in compliance with tribal laws and regulations. All construction was stopped. March: The Trump White House exempts the Keystone Pipeline from the requirement to use U.S. steel. 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. August-September: Keystone XL protesters organize two weeks of civil disobedience at the White House. The Native American Rights Fund is prepared to fight to ensure those treaties are honored and the water is protected.. Even its maps do not give enough detail to show impacts on Indian lands. And TC Energy still must abide by federal and tribal law. 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. But the movement has had setbacks: a federal judge in Louisisana recently. 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. Tracey Osborne, Climate Alliance Mapping Project This pipeline transports 470,000 barrels of crude oil from North Dakota to Illinois, over 1,172 miles. Last month, a Keystone Pipeline spill released more than 383,000 gallons of oilhalf of an Olympic swimming pool. Rosebud Sioux Tribe President Rodney M. Bordeaux responded to the announcement, This is great news for the Tribes who have been fighting to protect our people and our lands. Heres why thats a disaster in the making. January: The Cushing MarketLink Phase 3a pipeline goes online. However, for the Tribes, the KXL fight is just beginning. The founder of Bold Nebraska has led the Cornhusker States years-long rallying cry against TransCanadas tar sands pipeline. See our request for intervention. The United States formally agreed, among other things, to keep outsiders off Sioux and other tribal nations territory and protect tribal natural resources. 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. Once they are gone and depleted, they are gone. What is missing is an appreciation of the long-term effects of an oil pipeline going through our sacred land. Rosebud Sioux Tribes President Rodney Bordeaux delivered the South Dakota State of the Tribes address in January. The United States District Court for the District of Montana recently accepted an amended complaint in what will now be known as Rosebud Sioux Tribe v. Trump (formerly Rosebud Sioux Tribe v. US Dept of State). 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. Today, as in the past, the Rosebud Sioux Tribe and the Fort Belknap Indian Community drink the water that comes from the rivers and the ground sources to provide for their communities. The mineral estates qualify as Indian lands and the Tribe has jurisdiction over them. 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. 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. 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.. The takedown of the notorious Keystone XL (KXL) tar sands pipeline will go down as one of this generations most monumental environmental victories. ), 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. 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. We will The era of building fossil fuel pipelines without scrutiny of their potential impact on climate change and on local communities is over, Swift says. update email soon. (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 . Elections turn control of the U.S. Congress over to Republicans, who pledge to move forward on Keystone XL. Despite a court order to reassess the Dakota Access Pipelines environmental impact, the agency wont share the results of its new study. Dealing in tar sands oil is an expensive endeavor. BILLINGS, Mont. The land, water, tribal sovereignty, and governmental services were not given to us in those treaties, President Kindle said. The Keystone XL Pipeline: Everything You Need To Know | NRDC Keystone XL Pipeline Map The proposed Keystone XL extension actually comprised two segments. 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. June: Phase 1 of the Keystone Pipeline goes online. February: A Nebraska judge rules that the law that allowed the governor to approve Keystone XL over the objections of landowners was unconstitutional. 6210 Bristol Pkwy, Culver City, CA - MapQuest 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. Good Luck Persuading These Nebraskans, The Dirty Fight Over Canadian Tar Sands Oil, 10 Threats from the Canadian Tar Sands Industry, The Dakota Access Pipeline Fight Fuels Battles Across the Country, Still No Approved Route for KXL in Nebraska, Meet Jane Kleeb: One of Nebraskas First and Fiercest KXL Opponents, Why We Must Stop the Flow of Tar Sands Oil, Win! But immediately after taking office, President Donald Trump brought the zombie project back to life, along with the legal battles against it. In late 2018 and early 2019, the courts repeatedly blocked TransCanadas attempts to start construction on the Keystone XL pipeline. We invite anyone interested in providing testimony to attend. 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. on April 10, 2019, in Montana. They were bargained for with the blood of our ancestors. 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 . To that end, the government must examine the potential impact of pipeline construction and man-camps on Native people, especially women and children. President Bidens executive order ending the construction of the Keystone XL is a very hopeful step forward, however it needs to serve as a pushing off point for the administration to continue furthering both environmental and indigenous rights. It celebrated its 40th Anniversary last year, and, even after all this time, is still facing controversy. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. Culver City is a city in Los Angeles County, California. 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 Keystone XL pipeline was proposed by the energy infrastructure company TC Energy. Obama says TransCanada is free to submit another application. The Natural Resources Defense Council works to safeguard the earth - its people, NARF Staff Attorney Matthew Campbell responded to the action, The Rosebud Sioux Tribe and Fort Belknap Indian Community have both poured tremendous effort and resources to defend their treaty rights and the safety of their tribal communities during the last few years.