Updated Friday, Sept. 9, 5:30 p.m. EDT: In the wake of the brave and unrelenting actions of the Standing Rock Sioux tribe and water protectors, joined by other First Nations and nonnative allies, the Department of Justice, the Department of the Army and the Department of the Interior released a joint statement announcing the halt of the Dakota Access/Bakken Pipeline pending further review.
The statement reads in part:
We appreciate the District Court’s opinion on the U.S. Army Corps of Engineers’ compliance with the National Historic Preservation Act. However, important issues raised by the Standing Rock Sioux Tribe and other tribal nations and their members regarding the Dakota Access pipeline specifically, and pipeline-related decision-making generally, remain. Therefore, the Department of the Army, the Department of Justice, and the Department of the Interior will take the following steps.
The Army will not authorize constructing the Dakota Access pipeline on Corps land bordering or under Lake Oahe until it can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws. Therefore, construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time. The Army will move expeditiously to make this determination, as everyone involved—including the pipeline company and its workers—deserves a clear and timely resolution. In the interim, we request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.
Furthermore, this case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects. Therefore, this fall, we will invite tribes to formal, government-to-government consultations on two questions: (1) within the existing statutory framework, what should the federal government do to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights; and (2) should new legislation be proposed to Congress to alter that statutory framework and promote those goals.
With billions of dollars invested in the construction of the Dakota Access Pipeline, it is not just going away. Time will tell what actions are taken to ensure that the sacred and ancestral lands of the Standing Rock Sioux tribe—and their water supply both from the Missouri River and Lake Oahe—is safe.
A battle has been won, but the struggle continues.
Read the complete statement here.
Earlier:
The legal battle (pdf) to stop Energy Transfer Crude Oil—with approval from the U.S. government—from desecrating the sacred ancestral lands and endangering the water of North Dakota’s Standing Rock Sioux tribe turned violent Saturday when security officers attacked the land’s protectors with pepper spray and vicious dogs, Democracy Now reports.
According to Steve Sitting Bear, spokesperson for the Standing Rock Sioux tribe, six people—including a pregnant woman and a small child—were bitten by security dogs. At least 30 people were reportedly pepper-sprayed.
Though the term “protester” has dominated headlines since the 2014 Ferguson, Mo., uprising in response to the extrajudicial killing of Michael Brown Jr., many indigenous activists prefer to be called protectors instead of protesters. They believe the “term ‘protester’ is a colonized term for standing up for what’s right”—and for many months, the Standing Rock Sioux tribe and other indigenous communities have been doing just that.
The Dakota Access Pipeline Project, also known as the Bakken Pipeline Project, was finally approved by the U.S. Army Corps of Engineers on July 27 after strong pushback from several tribes. The project is a 1,172-mile, 30-inch-diameter pipeline developed by Dakota Access, a subsidiary of Energy Transfer Crude Oil. The owners of the Bakken-Dakota Access Pipeline Project are Energy Transfer Partners and Sunoco Logistics Partners (joint 38.25 percent stake), MarEn Bakken (36.75 percent interest) and Phillips 66 (25 percent). Security personnel contracted by the owners are responsible for the attack on the land’s protectors Saturday.
The pipeline is to transport approximately 470,000-570,000 barrels of crude oil per day from the Bakken-Three Forks oil-production areas in North Dakota, across South Dakota, Iowa and Illinois, before terminating in Pakota, Ill. The oil is then to be transported across the country to other markets, including refineries in the Midwest and on the East Coast.
With a $3.78 billion investment that will create an estimated 8,000-12,000 local jobs during the construction phase, the local economic impact—including an increase in hotels, restaurants and other services along the route—is projected to be enormous. Read about the projected economic impact of the pipeline here.
Per usual, this appears to be a resounding success for capitalism and imperialist empire, but it is a catastrophic loss and egregious insult to the Standing Rock Sioux tribe. Their reservation is only 1 mile north of where the pipeline will cross under the Missouri River and Lake Oahe, which is why the movement to protect the tribe’s water source—as well as stop any further destruction of ancestral land—continues to grow in intensity.