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Army Halts Construction of Dakota Access Pipeline
In a big win for the Standing Rock tribe, the Corps of Engineers says other routes should be explored.
Report from Mother Jones written by MONIKA BAUERLEIN
DEC. 4, 2016
The U.S. Army Corps of Engineers will not grant a permit for the controversial Dakota Access pipeline to cross under Lake Oahu in South Dakota, a decision that could halt construction of the last link of the controversial pipeline that has been the subject of protests for the better part of this year. The water protectors, as they refer to themselves, have set up camps in the path of the pipeline in solidarity with the Standing Rock Sioux tribe, which opposes the project. This weekend, veterans from around the country converged on the region to show their support.
The Standing Rock Sioux Tribe issued a statement commending “the courage that it took for Barack Obama, the Army Corps, the Department of Justice and the Department of Interior to take steps to correct the course of history and do the right thing.” Tribal chairman David Archambault also expressed hope that the incoming Trump administration would “respect this decision.”
In its statement, the Army said it believes the pipeline route should be subject to a full environmental impact statement “with full public input and analysis.” That process typically takes multiple months, often years.
(Mother Jones’ Wes Enzinna is currently enroute to the area and will continue covering this developing story.)
The U.S. Army Corps of Engineers Statement:
By U.S. Army
December 4, 2016
Army POC: Moira Kelley (703) 614-3992, email@example.com
The Department of the Army will not approve an easement that would allow the proposed Dakota Access Pipeline to cross under Lake Oahe in North Dakota, the Army’s Assistant Secretary for Civil Works announced today.
Jo-Ellen Darcy said she based her decision on a need to explore alternate routes for the Dakota Access Pipeline crossing. Her office had announced on November 14, 2016 that it was delaying the decision on the easement to allow for discussions with the Standing Rock Sioux Tribe, whose reservation lies 0.5 miles south of the proposed crossing. Tribal officials have expressed repeated concerns over the risk that a pipeline rupture or spill could pose to its water supply and treaty rights.
“Although we have had continuing discussion and exchanges of new information with the Standing Rock Sioux and Dakota Access, it’s clear that there’s more work to do,” Darcy said. “The best way to complete that work responsibly and expeditiously is to explore alternate routes for the pipeline crossing.”
Darcy said that the consideration of alternative routes would be best accomplished through an Environmental Impact Statement with full public input and analysis.
The Dakota Access Pipeline is an approximately 1,172 mile pipeline that would connect the Bakken and Three Forks oil production areas in North Dakota to an existing crude oil terminal near Pakota, Illinois. The pipeline is 30 inches in diameter and is projected to transport approximately 470,000 barrels of oil per day, with a capacity as high as 570,000 barrels. The current proposed pipeline route would cross Lake Oahe, an Army Corps of Engineers project on the Missouri River.
Cannon Ball, N.D.— The department of the Army will not approve an easement that will allow the proposed Dakota Access Pipeline to cross under Lake Oahe.
The following statement was released by Standing Rock Sioux Tribal Chairman Dave Archambault II. :
“Today, the U.S. Army Corps of Engineers announced that it will not be granting the easement to cross Lake Oahe for the proposed Dakota Access Pipeline. Instead, the Corps will be undertaking an environmental impact statement to look at possible alternative routes. We wholeheartedly support the decision of the administration and commend with the utmost gratitude the courage it took on the part of President Obama, the Army Corps, the Department of Justice and the Department of the Interior to take steps to correct the course of history and to do the right thing.
The Standing Rock Sioux Tribe and all of Indian Country will be forever grateful to the Obama Administration for this historic decision.
We want to thank everyone who played a role in advocating for this cause. We thank the tribal youth who initiated this movement. We thank the millions of people around the globe who expressed support for our cause. We thank the thousands of people who came to the camps to support us, and the tens of thousands who donated time, talent, and money to our efforts to stand against this pipeline in the name of protecting our water. We especially thank all of the other tribal nations and jurisdictions who stood in solidarity with us, and we stand ready to stand with you if and when your people are in need.
Throughout this effort I have stressed the importance of acting at all times in a peaceful and prayerful manner – and that is how we will respond to this decision. With this decision we look forward to being able to return home and spend the winter with our families and loved ones, many of whom have sacrificed as well. We look forward to celebrating in wopila, in thanks, in the coming days.
We hope that Kelcey Warren, Governor Dalrymple, and the incoming Trump administration respect this decision and understand the complex process that led us to this point. When it comes to infrastructure development in Indian Country and with respect to treaty lands, we must strive to work together to reach decisions that reflect the multifaceted considerations of tribes.
Treaties are paramount law and must be respected, and we welcome dialogue on how to continue to honor that moving forward. We are not opposed to energy independence, economic development, or national security concerns but we must ensure that these decisions are made with the considerations of our Indigenous peoples.
To our local law enforcement, I hope that we can work together to heal our relationship as we all work to protect the lives and safety of our people. I recognize the extreme stress that the situation caused and look forward to a future that reflects more mutual understanding and respect.
Again, we are deeply appreciative that the Obama Administration took the time and effort to genuinely consider the broad spectrum of tribal concerns. In a system that has continuously been stacked against us from every angle, it took tremendous courage to take a new approach to our nation-to-nation relationship, and we will be forever grateful.
(Learn more about the Standing Rock Sioux Tribe at standwithstandingrock.net. For incremental updates please follow our Facebook page at Standing Rock Sioux Tribe or follow us on Twitter @standingrockst.)
The Missouri River, the longest river in North America, has for thousands of years provided the water necessary for life to the region’s original inhabitants. To this day, millions of people rely on the Missouri for clean drinking water. Now, a petroleum pipeline, called the Dakota Access Pipeline, is being built, threatening the river. A movement has grown to block the pipeline, led by Native American tribes that have lived along the banks of the Missouri from time immemorial. Members of the Dakota and Lakota nations from the Standing Rock Sioux Reservation established a camp at the confluence of the Missouri and Cannonball rivers, about 50 miles south of Bismarck, North Dakota. They declare themselves “protectors, not protesters.” Last Saturday, as they attempted to face down massive bulldozers on their ancient burial sites, the pipeline security guards attacked the mostly Native American protectors with dogs and pepper spray as they resisted the $3.8 billion pipeline’s construction, fighting for clean water, protection of sacred ground and an end to our fossil-fuel economy.
Standing Rock Sioux set up the first resistance encampment in April, calling it Sacred Stone. Now there are four camps with more than 1,000 people, mostly from Native American tribes in the U.S. and Canada. “Water is Life” is the mantra of this nonviolent struggle against the pipeline that is being built to carry crude oil from the Bakken oil fields of North Dakota to Illinois.
Saturday was a beautiful, sunny day. Together with Laura Gottesdiener and John Hamilton of “Democracy Now!,” we spent the morning filming interviews. That afternoon, delegations walked down the road to plant their tribal flags in the path of the proposed pipeline. Many were shocked to see large bulldozers actively carving up the land on Labor Day weekend.
Hundreds of people, mostly Native Americans, lined the route, yelling for the destruction to stop. A group of women began shaking the ranch fencing, and without much effort it fell over. The land defenders began pouring through. Several young men from the camp arrived on horseback.
The bulldozers retreated, but the security guards attempted to repel the land defenders, unleashing at least half a dozen vicious dogs, who bit both people and horses. One dog had blood dripping from its mouth and nose. Undeterred, the dog’s handler continued to push the dog into the crowd. The guards pepper-sprayed the protesters, punched and tackled them. Vicious dogs like mastiffs have been used to attack indigenous peoples in the Americas since the time of Christopher Columbus and the Spanish conquistadors who followed him. In the end, the violent Dakota Access guards were forced back.
This section of the pipeline path contained archeological sites, including Lakota/Dakota burial grounds. The tribe had supplied the locations of the sites in a court filing just the day before, seeking a temporary halt to construction to fully investigate them. With those locations in hand, the Dakota Access Pipeline crew literally plowed ahead. Standing Rock Sioux Tribal Chairman David Archambault told us on the “Democracy Now!” news hour: “They were using the dogs as a deadly weapon. … They knew something was going to happen when they leapfrogged over 15 miles of undisturbed land to destroy our sacred sites … they were prepared. They hired a company that had guard dogs, and then they came in, and then they waited. And it was —by the time we saw what was going on, it was too late. Everything was destroyed. They desecrated our ancestral gravesites. They just destroyed prayer sites.”
At the camp, we interviewed Winona LaDuke, an Ojibwe leader from the White Earth Nation in northern Minnesota. She recently led a campaign that succeeded in blocking another pipeline that threatened the White Earth’s territory. She commented on North Dakota Gov. Jack Dalrymple’s support of suppression of the Standing Rock protests: “You are not George Wallace, and this is not Alabama. This is 2016, and you don’t get to treat Indians like you have for those last hundred years. We’re done.”
The battle against the Dakota Access Pipeline is being waged as a renewed assertion of indigenous rights and sovereignty, as a fight to protect clean water, but, most importantly, as part of the global struggle to combat climate change and break from dependence on fossil fuels. At the Sacred Stone, Red Warrior and other camps at the confluence of the Missouri and Cannonball rivers, the protectors are there to stay, and their numbers are growing daily.
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The John Trudell “We Are Power” (spoken word) is being posted here in Loving Memory of John Trudell and in support of the Dakota and Lakota nations from the Standing Rock Sioux Reservation and for CLEAN WATER and for NO COMMERCIAL PURPOSES.