Trump executive order on Dakota Pipeline violates law and tribal treaties

Click to enlargePhoto/Sacred Stone Camp

❝ The Standing Rock Sioux Tribe said…that President Donald Trump’s executive action towards an approval of an easement for the Dakota Access Pipeline risks contaminating tribal and American water supplies while disregarding treaty rights. The Trump administration’s politically motivated decision violates the law and the Tribe will take legal action to fight it.

❝ The U.S. Army Corp of Engineers rejected DAPL’s request for an easement late last year, finding that the agency had failed to fully consider the impacts of the pipeline on the Standing Rock Sioux Tribe. The Department of the Army pledged to conduct a full environmental review of the Missouri River crossing and evaluate alternative sites, which would not put the Tribe at risk of an oil spill. However, that environmental review would be circumvented under today’s Executive Memorandum, allowing the project to immediately resume construction.

❝ Trump’s press secretary said on Monday that Trump intended to approve the easement with an aim towards job creation. But tribal leaders note the bulk of pipeline jobs are in pipeline construction. The pipeline only creates a total of 15 permanent jobs in North Dakota. A reroute would protect the Tribe’s water and create hundreds of jobs, Chairman Dave Archambault II said.

Archambault said Trump’s decision appears to be a political payback. “By granting the easement, Trump is risking our treaty rights and water supply to benefit his wealthy contributors and friends at DAPL,” he said. “We are not opposed to energy independence. We are opposed to reckless and politically motivated development projects, like DAPL, that ignore our treaty rights and risk our water. Creating a second Flint does not make America great again.

Trump’s flexible racism has no problem treating Native Americans as criminally as he would treat Mexican immigrants. In his demented world, the right to profit supersedes any constitutional rights, all human rights.

30 thoughts on “Trump executive order on Dakota Pipeline violates law and tribal treaties

  1. Update says:

    Senator John Hoeven (R, North Dakota) issued the following statement after speaking today with Vice President Pence and Acting Secretary of the Army Robert Speer:
    “Today, the Acting Secretary of the Army Robert Speer informed us that he has directed the Army Corps of Engineers to proceed with the easement needed to complete the Dakota Access Pipeline. This will enable the company to complete the project, which can and will be built with the necessary safety features to protect the Standing Rock Sioux Tribe and others downstream.”
    See also
    “Bills Across The Country Could Increase Penalties For Protesters”

  2. Great White Father says:

    “The Youth Group That Launched a Movement at Standing Rock : In the fight over the Dakota Access Pipeline, Native American activists achieved one of the most galvanizing environmental
    victories in years — and it all began with a group of teenagers.” (NYT Jan 31)
    Senator John Hoeven (R, North Dakota) press release re: Acting Secretary of the Army Robert Speer having directed the Army Corps of Engineers to proceed with the easement needed to complete the Dakota Access Pipeline and how additional federal law enforcement resources will be obtained to support state and local law enforcement.

  3. Standing Rock Sioux Tribe says:

    Press release (1/31/17) “The Standing Rock Sioux Tribe will vigorously pursue legal action to ensure the environmental impact statement order issued late last year is followed so the pipeline process is legal, fair and accurate.
    We are not surprised to see North Dakota’s U.S. Sen. John Hoeven issued a statement prematurely championing Trump directives to grant an easement for illegal construction. The Acting Assistant Secretary of the Army had directed the Army Corps to proceed with the final easement necessary to complete the proposed route of the Dakota Access Pipeline. It is not a formal issuance of the easement.
    The Army Corps lacks statutory authority to simply stop the EIS and issue the easement. The Corps must review the Presidential Memorandum, notify Congress, and actually grant the easement.We have not received formal notice that the EIS has been suspended or withdrawn.”

  4. Update says:

    Tribal Chairman Dave Archambault II has reiterated a plea to stand down at Standing Rock in the wake of 76 arrests of demonstrators Wednesday. In a statement on Facebook after the arrests, Archambault said the demonstrators’ actions “do not represent the tribe nor the original intent of the water protectors … instead of empowering us, it undermines us.”
    “Those who planned to occupy the new camp are putting all of our work at risk. They also put peoples’ lives at risk. We have seen what brutality law enforcement can inflict with little provocation.” The tribe is also continuing its work in Washington, D.C., where a Native Nations March on Washington, Rise with Standing Rock, is planned for March 10.

    • Winyan Nupa says:

      “The Standing Rock Sioux will soon march on Washington.” Meanwhile: “The tribal council requested that the three main protest camps disband by Jan. 30, but the founder of the Sacred Stone camp, LaDonna Brave Bull Allard, has refused. And this week Allard asked water protectors to return to Sacred Stone. In response to an announcement of the march on Facebook, Allard commented, “Standing rock betrayed the water protector.” Separately, activists at a new protest camp (unaffiliated with the tribe) also refused to disband. On Wednesday, local police raided the camp and arrested 76 people. Meanwhile, a group of veterans continues to stand in solidarity with the Sioux, claiming, “That pipeline will not get completed. Not on our watch.” (see links)

  5. Beat goes on says:

    “Journalist faces charges after arrest while covering Dakota Access pipeline protest” On Sunday, thousands rallied in Los Angeles to protest the $3.8 billion Dakota Access pipeline as well as the Keystone XL pipeline. Both pipelines have faced massive resistance from indigenous nations, local white farmers and environmental activists. Meanwhile, at Standing Rock in North Dakota, agents from the Bureau of Indian Affairs attacked and arrested at least three water protectors on Saturday. A shaky video shows a BIA officer beating one of the water protectors with a baton.

  6. Koquethagechton says:

    The Army Corps of Engineers will grant the final approval needed to complete the controversial Dakota Access oil pipeline as soon as Wednesday, it told lawmakers Tuesday. The Army Corps also told the court that it will no longer complete an intensive environmental impact statement on the pipeline. Energy Transfer told the federal judge Monday that that it could take as little as 60 days to finish the pipeline once it gets the Army Corps easement.

  7. Whiz Kid says:

    Get to know Kelcy Warren, the man behind DAPL He’s spent millions of dollars supporting right-wing politicians. He gave $700,000 to Texas Gov. Greg Abbott’s political action committee and $6 million to PACs supporting former Gov. Rick Perry’s presidential campaign. He also put Perry on the Energy Transfer Partners’ board. Warren has distributed $223,000 to the three members of the Texas Railroad Commission, who rule on the eminent-domain requests his companies often use to run pipelines through privately owned farms and ranches. He personally spent $100,000 to help elect Trump—formerly an ETP shareholder—with the unvarnished expectation that the new administration would remove the last hurdles for the stalled North Dakota project.
    He also likes to to write melancholy country ballads.

  8. HAR says:

    “North Dakota officials appear poised to go after the U.S. government — and thus U.S. taxpayers — to recoup more than $38 million in state expenses related to months of protests against the Dakota Access pipeline, even though the project’s developer, Energy Transfer Partners, has offered to pay. Work is wrapping up on the $3.8 billion pipeline to move North Dakota oil 1,200 miles to a shipping point in Illinois, and oil could be flowing as early as Monday despite an ongoing legal challenge by Sioux tribes who fear the project could affect their water supply — a claim ETP rejects.”

  9. Rize or Die says:

    “The financial giant ING has sold its stake in the $2.5bn loan financing the Dakota Access pipeline, the latest victory for the anti-pipeline divestment campaign that comes as the project is set to begin transporting oil. …Last week, Norwegian pension fund KLP announced its sale of $58m worth of shares in the pipeline companies, following the lobbying of the Sami, an indigenous people living in the far north of Norway.”
    “Eco-Terrorists Sabotage Dakota Pipeline, Increasing Risk Of Leaks”
    “Trump administration grants approval for Keystone XL pipeline”

  10. chĭdn says:

    A federal judge is allowing the developer of the Dakota Access oil pipeline to keep secret some but not all pipeline information that the company believes could be useful to vandals and terrorists. (Chicago Tribune)–oil-pipeline-transparency-20170412-story.html U.S. District Judge James Boasberg said in a ruling dated Friday that information such as spill risks at various points along the pipeline should be shielded from public view but that certain details relating to how a spill might be handled don’t warrant such protection. Two American Indian tribes who oppose the pipeline had argued that the spill risk data could bolster their case that more environmental study is needed.

  11. Will C. says:

    TransCanada Corp (TRP.TO) will suspend the application for its Energy East pipeline for 30 days and may abandon the project, the company said on Thursday, weeks after Canada’s National Energy Board (NEB) regulator announced a tougher review process. Energy East, which would take crude from Canada’s oil heartland of Alberta, would attain higher prices for Canadian producers, whose landlocked product trades at a discount to the West Texas Intermediate benchmark.
    Energy East’s importance has somewhat diminished for TransCanada since U.S. President Donald Trump this year signed an order reviving the company’s Keystone XL pipeline, which would run from Alberta’s oil sands to U.S. refineries.

  12. Update says:

    Dallas-based Energy Transfer Partners paid the state of North Dakota $15 million Thursday to help cover law enforcement expenses associated with the protests over the Dakota Access Pipeline. The funds will help alleviate the more than $22 million in personnel costs (including overtime and salaries) North Dakota accrued while sending police to the indigenous-led action. Add that to the $10 million grant the Justice Department awarded to the state Monday. The state has arranged for a bank credit line of up to $43 million to cover policing costs, including $5 million just added this week. After spending millions of dollars on a militarized law enforcement presence that resulted in more than 700 arrests, Energy Transfer Partners filed an over-the-top complaint in court last month against several environmental nonprofits, accusing them of “eco-terrorism.” Meanwhile, the Standing Rock Sioux, who led the anti-DAPL protests (but were not a named party to the new lawsuit), voted out their previous leader, Dave Archambault, the tribe revealed Thursday.

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