The battle is yet to be won

Author: Kara Clements

Only 22% of all 6.7 million Native Americans still live on their reservation. Of this fraction, many are experiencing environmental injustices by the United States’ government. The Standing Rock Sioux people are still fighting against The Dakota Access Pipeline. There has been a lot of talk about it in the news over the past few years, but few know the fight is still ongoing. With their “Water is life” slogan, this Native tribe is fighting to not only preserve their sacred land, but also keep their clean drinking and farming water.

            The Dakota Access Pipeline is an oil pipeline expanding over 1,000 miles from North Dakota through Illinois, running directly through the Standing Rock Sioux reservation. It has been transferring 500,000 barrels a day from an oil reserve, named Bakken, to Illinois, ensuring America stays number one in oil amount in the world. Under the Obama administration, President Obama denied the permit needed to build the pipeline, but a few months later when President Trump took office, he reversed Obama’s denial and the pipeline finished construction.

            In 1868, the Standing Rock Sioux tribe and the United States government signed a treaty, declaring their reservation as protected land and ending long-standing tensions. Over the years, their reservation has shrunken into smaller reservations throughout various states. By approving the building of this pipeline, the United States government has violated their treaty signed so many years ago. “They (the United States government) ought to be ashamed of themselves,” Harold Frazier,  chairman of the Cheyenne River Sioux, said. “They have a moral obligation to uphold the honor of the Great Sioux Nation.”

            One major concern from the Standing Rock Sioux Tribe regards the environment- a massive spill that will contaminate the water they drink and use for agriculture. There concerns are not out-of-the-box. Since 2010, there has been 1,500 oil spills around the country, and some cost upwards of a billion dollars to clean up. The tribe uses the Mississippi River for their clean water, which the pipeline goes directly around. If there was a spill, the tribe, as well as 17 million non-tribal members, would lose their primary access to water.

            The other concern is that the construction of the pipeline is disrupting sacred Standing Rock Sioux tribal land. The native land may be a way for Americans to make money through oil, but land is a lot more to native peoples. Tribes are unable to move from their land onto a reservation that would be more “convenient” for the federal government because there is a deep spiritual connection to the land. Native land is enriched with each tribe’s identity, represented through their ancestors and culture. To rip the Standing Rock Sioux’s land apart in order to further enrich the United State’s government is a common theme throughout the US’ history and needs to end now.

            Regarding the legality of the pipeline, the National Environmental Policy Act entitles all those who will affected by a large infrastructure projects to be informed and/or consulted. It also guarantees that these projects must undergo an extensive review to ensure the environment and people surrounding it will be kept safe from the construction. Neither of these of these were fully performed and the project was fast-tracked to ensure legal opposition could not prevent it from happening.

            The tribe filed a lawsuit in 2016 after construction began on the grounds of violating rights guaranteed in the National Environmental Policy Act. Others argued that the construction violated the National Historic Preservation Act, the right for native lands to be protected by the federal government. While the courts were still deciding, construction workers destroyed Standing Rock Sioux tribe’s burial ground and sacred land just outside their reservation. Although President Obama ordered the construction to cease, President Trump revered Obama’s decision and the project was finished, endangering the water supply and native population.

            The courts ruled that the permit violated law, but was remanded in August of 2018 and affirmed its original decision. In November of 2018, the tribe filed a complaint with the court following the US Army Corps Engineer’s continued dismissal of the pipeline causing any problems. Mike Faith, Jr., Chairman of the Standing Rock Sioux Tribe, argues, “The Corps has conducted a sham process to arrive at a sham conclusion, for the second time. The Dakota Access Pipeline represents a clear and present danger to the Standing Rock Sioux Tribe and its people, and we will continue to fight until the Corps complies with the law.”

            Although the court has made their decision regarding the first lawsuit, the fight is far from over. The Standing Rock Sioux tribe has made it clear that they will not stand by and watch their sacred land be torn apart or their water supply become contaminated and unusable. The United States government has a history of taking what they want, no matter the cost. Advocates are standing by the tribe, trying to ensure that history will not repeat itself. As Frazier stated, “We are going to keep it going, keep organizing meetings and find a way to be able to take care of the health and welfare of our people, and preserve land and water.” 

Author Bio: Kara Clements is a senior majoring in Political Science and Law at IUPUI.