Recent governmental reports contain new data about climate change, which necessitates new analysis. The proposed Keystone XL extension actually comprised two segments. The Keystone XL (KXL) Pipeline is the proposed Phase 4 of the Keystone Pipeline system, which already is online with a capacity to carry more than 500,000 barrels per day. 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. 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. 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. 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. Pipelines like the Keystone XL and Dakota pipelines as well as other fossil fuel projects actively pollute native land and water resources as well as consistently contribute to global warming due to their high greenhouse gas emissions. Regardless of the new permit and political maneuvering, the President is required to honor the treaties and the Constitution. It was first initiated in 2010, and Indigenous activists protested for a decade against its construction. at a much higher rate than company estimates. UAB is an Equal Opportunity/Affirmative Action Employer committed to fostering a diverse, equitable and family-friendly environment in which all faculty and staff can excel and achieve work/life balance irrespective of race, national origin, age, genetic or family medical history, gender, faith, gender identity and expression as well as sexual orientation. Yes, Trump has green-lighted the controversial Keystone XL pipeline. Rosebud Sioux Tribes President Rodney Bordeaux delivered the South Dakota State of the Tribes address in January. Goldtooth called Bidens decision a vindication of the hard work and struggle many indigenous communities have put forth in protest of the pipeline. By that point, Keystone XL faced an unfriendly administration, numerous legal challenges, declining oil prices, worsening climate impacts, and a growing movement of climate organizersalong the pipelines route and around the worldunwilling to look the other way. 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. Any project that crosses tribal lands must be in compliance with tribal laws and regulations. The following are quotes from the project partners: Despite all of these facts, throughout the permitting process, there was no analysis of trust obligations, no analysis of treaty rights, no analysis of the potential impact on hunting and fishing rights, no analysis of potential impacts on the Rosebud Sioux Tribes unique water system, no analysis of the potential impact of spills on tribal citizens, and no analysis of the potential impact on cultural sites in the path of the pipeline, which is in violation of the NEPA and the NHPA. Anchorage, AK (907) 276-0680 President Bidens executive order was a landmark achievement and a sigh of relief for indigenous and environmental activists alike. But the case against . Some of the current concerns are rooted in our responsibility to take care of Unci Maka, which is grandmother earth. 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. U.S. Coast Guard Petty Officer Second Class Lauren Jorgensen. In 2017, the Trump administration reversed Obamas veto, signing an executive order to advance the Keystone pipeline as well as a similar crude oil project, the Dakota Access Pipeline despite the many valid arguments made against the two pipelines. on April 10, 2019, in Montana. 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. While the tar sands industry was once seen as an unbeatable opponent in a David-and-Goliath fight, the victory against Keystone XL shows that the tables have begun to turnand that more power now lies with the advocates for climate justice than ever before. 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. Nebraska appeals. its plants and animals, and the natural systems on which all life depends. In granting the right-of-way, the BLM failed to analyze and uphold the United States treaty obligations to protect the Tribes lands and natural resources. In addition to the intervention, a hearing has been scheduled in Rosebud Sioux Tribe et al v. United States Department of State et al. For over a decade, Indigenous nations and communities have continuously denied consent to the KXL pipeline from crossing their territories, citing environmental concerns, the desecration of sacred sites, treaty rights violations, and the risks of sexual violence connected with man camps. The KXL phase of the pipeline cuts directly through the traditional homelands of our client tribes. On April 23, 2019, the Rosebud Sioux Tribe and Fort Belknap Indian Community, represented by the Native American Rights Fund, filed an amended complaint against TransCanada and President Trump over the handling of the Keystone XL pipeline. Heres everything you need to know about the historic KXL fightand why the pipelines cancellation has had no impact on current oil prices. U.S. President Joe Biden speaks in the East Room of the White House on March 18, 2021 in Washington, DC. June: TransCanada announces it will buy ConocoPhillips stake in Keystone. As such, they are protected by treaties as well as tribal and federal laws. 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. The Tribes are entitled to protect the health and welfare of their people and territory and to ensure that their treaties are upheld. Rather than honoring these legal obligations, the United States has chosen to blatantly violate them. Five years ago, a pipeline spilled a million gallons of tar sands crude into a Michigan riverand were still cleaning it up. That spill, not far from the Sisseton Wahpeton Oyates reservation, was the second Keystone spill in South Dakota in seven years. 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. The court asked for supplemental briefing on whether the President had the constitutional authority to issue the permit in the first place, which the Tribes are working on now. This is one of the reasons for the lawsuit. The Native American Rights Fund is prepared to fight to ensure those treaties are honored and the water is protected.. On March 23, 2017, the U.S. Department of State granted TransCanadas permit application and issued it a presidential permit to construct and operate the Keystone XL Pipeline. TransCanada must comply with Rosebud law. And TC Energy still must abide by federal and tribal law. The government failed to even evaluate an alternate route to avoids tribal treaty lands. Since 2015, CAMP has worked with Indigenous and environmental organizations to build interactive maps that tell stories about climate justice across the Americas. It runs from Hardisty, Alberta, to Patoka, Illinois. It was expected to transport 830,000 barrels of Alberta tar sands oil per day to refineries on the Gulf Coast of Texas. Now TransCanada (TC Energy) wants to add more miles to their leaky Keystone Pipeline. As of 2019, the estimated population was 39,185. New climate change information requires a new environmental impact analysis. The proposed Keystone XL (KXL) Pipeline would cross Nebraska, Montana, and South Dakota, including tribal lands. September: TransCanada and ConocoPhillips file an application for the Keystone XL Phase 4 extension. 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. The Rosebud Sioux Tribe (Sicangu Lakota Oyate) and the Fort Belknap Indian Community (Assiniboine (Nakoda) and Gros Ventre (Aaniiih) Tribes) along with their counsel, the Native American Rights Fund, applaud the Biden administrations action to revoke the illegally issued KXL permit. We would score a victory, and it would have huge ramifications for holding off construction at critical times, says NRDC attorney Cecilia Segal, who has worked on KXL litigation since 2017. This map is a free and public tool designed to support impacted communities along the route about the risks of living in proximity to fossil fuel pipelines and development. May: TransCanada files a new application with the State Department for the northern part of Keystone XL. Heres why thats a disaster in the making. ), 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. 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 connects Steele City, Nebraska, to Cushing, Oklahoma. Fort Belknap has declared a state of emergency on the reservation because of the extremely dangerous COVID-19 pandemic and its threat to the health and well-being of the Gros Ventre and Assiniboine tribal members, said President Werk of the Fort Belknap Indian Community, We are very concerned about TransCanada bringing in outside construction workers from all over to build this pipeline within an hour from our reservation., Rosebud has issued a curfew, closed businesses, and asked all to shelter in place because of the COVID-19 pandemic. That leak was nothing compared to the 2017 Keystone spill in South Dakota. 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. This is not a pipeline to America, said the late civil rights activist Julian Bond, among the many arrested. Indeed, one study found that between 2007 and 2010, pipelines moving tar sands oil in Midwestern states spilled three times more per mile than the U.S. national average for pipelines carrying conventional crude. The Keystone XL pipeline, briefly explained The Keystone XL pipeline became an almost perfect example of the various stakeholders Native communities, climate activists, scientists,. Obviously, that is not the case. WASHINGTON (AP) President Donald Trump greenlighted the long-delayed Keystone XL pipeline on Friday, declaring it a "great day for American jobs" and siding with energy advocates over environmental groups in a heated debate over climate change. The spill affected 200,000 square feet of wetlands, which could take years to recoverif it ever does. January: Nebraska Gov. Its costly both to produce and to ship, particularly by rail, which would be an alternative to Keystone XL. Its route intercepted Native American land and posed a threat to their water supply. People must understand that the Ogalalla Aquifer that this pipeline will cross covers 8 states and waters 30 percent of American crops. 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. On June 6, the Ninth Circuit Court of Appeals dismissed a case that sought to revoke the permit for TC Energys (TransCanada) Keystone XL (KXL) Pipeline. 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. 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. These lands are Indian lands. State Disclosures. Until 2016,Canadaofficially objected to the United Nations Declaration on the Rights of Indigenous Peoples. The construction of the Keystone XL Pipeline would strengthen the United States economy, provide energy security and have minimal environmental impact. On his fourth day in office, Trump signed an executive order to allow Keystone XL to move forward. (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 . Read the memo in support of preliminary injunction. In addition, the possibility of damaging community water supplies, valuable agricultural lands, and wildlife habitats is not a cost our clients are willing to bear on behalf of a foreign extractive company propping up a dying energy industry. 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! President Trump also issued a cross-border permit to the pipeline developer, a permit that had been long sought after for the developers. The first, a southern leg, had already been completed and now runs between Cushing, Oklahoma, and Port Arthur, Texas. Farmers, ranchers, tribes, and conservation groups helped keep the project stalled for Trumps full four years in office, despite his best efforts to expedite its approval. 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 federal court denied the United States federal governments and the TransCanadas (TC Energy) efforts to dismiss the Tribes case against the KXL Pipeline. 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. TransCanada failed to comply with Rosebud and Fort Belknap law. DAPL may be underway, but the water protectors at Standing Rock taught us a lot about going up against the fossil fuel industry. This interactive tool is a powerful visual for Indigenous communities and our allies along the KXL route. 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. The Rosebud Sioux Tribe will take any and all necessary steps, up to and including litigation, to protect our people, our land and water, and our cultural and historic resources., As we have seen, spills from such projects can be catastrophic, said NARF Staff Attorney Matt Campbell. February: TransCanada Corporation proposes the Keystone Pipeline project. This map felt particularly timely as construction crews break ground on initial sections of the proposed Keystone XL pipeline. Over the years, the United States government willingly made very specific promises to tribal nations. Pipeline under construction in Alberta, Canada. 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. One was Nebraskas Ogallala Aquifer, which provides drinking water for millions as well as 30 percent of Americas irrigation water. The presidential permit comes nearly a decade after Calgary-based TransCanada applied to . 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 2019 supplemental environmental impact statement has numerous issues and shortcomings. Its mines are a blight on Canadas boreal, where mining operations dig up and flatten forests to access the oil below, destroying wildlife habitat and one of the worlds largest carbon sinks. 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. Seated in a camping chair, Faith Spotted Eagle, 68, pulls a blanket around her to ward off the cold. to Steele City, Neb.) It is the largest underground water source in the United States. View detailed information and reviews for 5855 Green Valley Cir in Culver City, CA and get driving directions with road conditions and live traffic updates along the way. This field is for validation purposes and should be left unchanged. With the original permit revoked, the Ninth Circuit yesterday decided to dismiss as moot the case based on that original permit. The court also noted that the Tribes could file a new suit against the Bureau of Land Management given it has approved the pipeline in the remainder of the United States. The city was named after its founder, Harry Culver. So, in March he withdrew the State Departments permit and issued his own presidential permit as an attempt to avoid any environmental or regulatory oversight and to circumvent the court decisions. Revoking the March 2019 Permit for the Keystone XL Pipeline. The United States must answer to the Tribes for violations of the treaties and be instructed to honor them.
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