Another pipeline, another permit
Written by: Kara Clements
We hear the same Newsline
every few months: the United States government is constructing yet another
pipeline that will pump hundreds of thousands of environmentally unfriendly oil
across the country to ensure that the U.S. upholds their #1 for most oil fracking
in the world. Though, we very rarely read a Newline, or even a mention in an
article, about those who are truly affected.
The Keystone XL
pipeline extends from Hardistry, Alberta to Steele City, Nebraska. In 1851,
1855, and 1868, the United States government and the Rosebud Sioux Tribe,
Fort Belknap Indian
Community, and Gros Ventre signed the
Treaties of Fort Laramie, establishing their territories. Their land is now
being torn apart and contaminated with an oil pipeline. Phase 1 of the
construction began in 2010, approved by the Obama administration. Phase 2 and 3
did not require presidential approval. Phase 4 is currently in dispute: the tribes are suing
the Trump Administration.
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| Source: https://www.narf.org/cases/keystone/ |
In March of 2017, the presidential permit
for TransCanada (the creators of the pipeline) was issued, overturning two
previous rulings denying the permit. There was no environmental studies done to
examine the possible impact of a pipeline on these indigenous communities. In
September of 2018, the Rosebud Sioux Tribe, the Fort Belknap Indian Community,
and Gros Ventre sued the Trump Administration, claiming the permitting process
violated the “Administrative
Procedure Act (APA), the National Environmental Policy Act (NEPA), and the
National Historic Preservation Act (NHPA).”
The pipeline and oil fracking could severely damage these
tribes’ land and pollute their water, not to mention their sacred ties to their
land. William
Kindle, former president of the Rosebud Sioux Tribe, stated
that President Trump granting the permit and the project as a whole is a “blatant trespass into Sicangu Lakota territory.”
Some may argue that the tribes could move to new land, but this would violate
the treaty the US signed to preserve the land for these tribes, a promise made
after decades of murdering and mistreating indigenous peoples. Native Americans
have a spiritual connection to their land; one that connects them to their
ancestors and their culture. Simply relocating these tribes is not an option.
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| Source: https://www.upi.com/Judge-wont-dismiss-Keystone-XL-pipeline-lawsuit/3521511378257/ |
In 2017, the judge
upheld that Trump did not fully take onto account the
possible environmental implications and therefore the permit was not valid. The
most recent case update occurred on April 1, 2019 when President Trump issued
the presidential
permit to TransCanada without completing an environmental
study. The permit was issued regardless of the ongoing lawsuit and the
continuing fight of ensuring federal treaties are upheld. The White House
stated that the president’s actions are immune to judicial review. On April 9,
2019, the
tribes asked that the court block presidential permit
and “declare President Donald Trump acted illegally when he issued a new permit
for the project in a bid to get around an earlier court ruling.” The case is
still ongoing, but it is likely the tribes will have to continue their multiple
county fight to keep their land and their identity.
Sources
https://www.keystone-xl.com
https://www.narf.org/cases/keystone
https://www.indianz.com/News/2018/09/24/fair-warning-tribes-promise-to-block-key.asp
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