If the Keystone XL pipeline is built, about 830,000 barrels of heavy crude oil per day will flow from Alberta, Canada, to the refineries along the U.S. Gulf Coast, which are built to handle. But, the President must comply with the Treaties, and TC Energy must comply with Rosebud law. On Thursday, April 16, NARF attorneys appeared before Judge Brian Morris of the United States District Court of Montana for oral arguments in Rosebud Sioux Tribe v. Trump. update email soon. Some three million miles of oil and gas pipelines already run through our country, but KXL wasnt your average pipeline, and tar sands oil isnt your average crude. 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. Like the US Constitution, treaties are the law of the land, and no one is above that law, said NARF Staff Attorney Matthew Campbell. This pipeline will benefit a Canadian company and its shareholders. Less than two years before the project was finally pulled, the Keystone tar sands pipeline was temporarily shut down after a spill in North Dakota of reportedly more than 378,000 gallons in late October 2019. Keystone XL Pipeline: 4 Animals and 3 Habitats in Its Path Five years ago, a pipeline spilled a million gallons of tar sands crude into a Michigan riverand were still cleaning it up. Culver City is a city in Los Angeles County, California. 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. 6210 Bristol Pkwy Culver City CA 90230-6924. The notorious tar sands pipeline was a lightning rod in the fight against climate change and the seemingly unstoppable oil industry. The 2019 pipeline approval violates both of these provisions. U.S. President Joe Biden speaks in the East Room of the White House on March 18, 2021 in Washington, DC. on April 10, 2019, in Montana. 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. US President Joe Biden has cancelled permits for the controversial Keystone XL pipeline on his first day in office. As the elected President of the Rosebud Sioux Tribe, I write regarding a critical issue affecting not only our Tribe, but all of the United States. Tar sands lie beneath the northern Alberta boreal forest. As of 2019, the estimated population was 39,185. NARF Staff Attorney Natalie Landreth praised the decision, The courts decision means that ALL of the tribes claims on the current permits will proceed. Historic flooding recently inundated parts of the Cornhusker State where the proposed Keystone XL pipeline would pass through. Even its maps do not give enough detail to show impacts on Indian lands. President Trump also issued a cross-border permit to the pipeline developer, a permit that had been long sought after for the developers. As much as they would like to, TransCanada cannot ignore the laws that protect Native American people and lands.. Public documents about extractive projects are often difficult to find and hard to read. March: The U.S. Department of State issues a Presidential Permit authorizing Keystone facilities at the U.S.-Canada border. On Wednesday, June 9, 2021, TransCanada (TC Energy) announced that it is terminating its Keystone XL pipeline project. Nevertheless, in the mid-2000s, with gas prices on the rise, oil companies ramped up production and sought additional ways to move their product from Canadas remote tar sands fields to midwestern and Gulf Coast refineries. The federal court denied the United States federal governments and the TransCanadas (TC Energy) efforts to dismiss the Tribes case against the KXL Pipeline. The one filed by Rosebud Sioux last week cites the fact that the Trump Administration has not undertaken any analysis of: trust obligations, the potential impact on tribal hunting and fishing rights, the potential impacts on the Rosebud Sioux Tribes unique water system, the potential impact of spills on tribal citizens, or the potential impact on cultural sites in the path of the pipeline. We are thrilled that the project has been canceled.. The Keystone XL Developer's Position TransCanada, a Canadian corporation, owns or has interests in $48 billion of long-life assets primarily pipelines and power-generation facilities in Canada, the United States and Mexico and is expected to see $38 billion in new projects completed by the end of this decade 18. Its no small feat extracting oil from tar sands, and doing so comes with steep environmental and economic costs. See the open letter from President Kindle for more information on the Rosebud Sioux Tribes position. TransCanada's plan to dig a trench and bury part of its $7 billion, 1,700-mile Keystone XL pipeline right through this land has unearthed a host of Native opposition, resentments and ghosts of the . Winning support in Indian country is one of the last hurdles for the project, which is touted as a key to North American energy . Our health and safety should take priority over companies profits. This new permit is a blatant attempt to avoid any environmental analysis for the pipeline that United States law and courts have required. In addition to extensive violations of law outlined in the original complaint, the new complaint raises the following issues: Maps released by TransCanada show the pipeline corridor and access roads crossing Rosebud territory, some of which is held in trust, as well as Rosebuds Mni Wiconi Water system. How a single pipeline project became the epicenter of an enormous environmental, public health, and civil rights battle. The pipeline is certain to leak (it already has). Recent governmental reports contain new data about climate change, which necessitates new analysis. The pipeline threat is gone, but the damage to their property and lives is already done. The Pros And Cons Of The Keystone Pipeline | ipl.org 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. The presidential permit comes nearly a decade after Calgary-based TransCanada applied to . The total for the Keystone pipeline's 2017 gush onto. For those of you that will not be able to attend, I ask that you submit a letter about your concerns and in support of our lawsuit. President Bidens executive order ending the construction of the Keystone XL is a very hopeful step forward, however it needs to serve as a pushing off point for the administration to continue furthering both environmental and indigenous rights. Treaties are more than solemn promises between nations. The Rosebud Sioux Tribejust like South Dakota, Nebraska, and Montanahas a duty to protect the health and welfare, of its citizens. We invite anyone interested in providing testimony to attend. Keystone XL Maps Map Terminated pipeline route The following map details the route of the terminated Keystone XL Pipeline and the current Keystone Pipeline System. The Rosebud Sioux Tribe and Fort Belknap Indian Community have government-to-government treaties with the United States that the President cannot violate. January: The Nebraska Supreme Court narrowly strikes down the lower-court decision, ruling that the governors actions were constitutional. The pipeline, designed to run from Alberta, Canada, to Nebraska, had faced opposition from environmental groups, land use groups and Native American tribal entities for years. February : The Keystone-Cushing Phase 2 of the pipeline goes online. The Rosebud Sioux Tribe and Fort Belknap Indian Community successfully stood strong for years to protect their people, water, and sacred lands from the threat of the Keystone XL Pipeline. The Fort Belknap Indian Community and Rosebud Sioux Tribe, represented by the Native American Rights Fund, continued their fight against the illegal permitting of the Keystone XL Pipeline with two filings in the US District Court of Montana. And these exports are more than 10 times the capacity of the proposed Keystone XL pipeline. 5855 Green Valley Cir, Culver City, CA - MapQuest The Natural Resources Defense Council works to safeguard the earth - its people, December: U.S. legislators pass a bill with a provision saying President Barack Obama must make a decision on the pipelines future in the next 60 days. See our request for intervention. Our water sources are threatened by the dirty tar sand crude, our ancestral homelands are in the direct path of the pipeline, and our people already are suffering the effects of nearby construction worker man camps. In late 2018 and early 2019, the courts repeatedly blocked TransCanadas attempts to start construction on the Keystone XL pipeline. ), 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. the desecration and destruction of cultural, historic, and sacred sites; the endangerment of tribal members, especially women and children; damage to hunting and fishing resources, as well as the tribal health and economies associated with these activities; the impairment of federally reserved tribal water rights and resources; harm to tribal territory and natural resources in the inevitable event of Pipeline ruptures and spills; and. Rather than honoring these legal obligations, the United States has chosen to blatantly violate them. The decision echoed a seven-year State Department review process with EPA input that concluded the pipeline would fail to serve national interests. 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. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. The authority to permit the pipeline falls within Congresss exclusive and plenary power to regulate foreign commerce. The United States District Court for the District of Montana recently accepted an amended complaint in what will now be known as Rosebud Sioux Tribe v. Trump (formerly Rosebud Sioux Tribe v. US Dept of State). The Rosebud Sioux Tribealso known as the Siangu Lakota Oyateis one of the seven tribes that make up the Oeti Sakowin (the Seven Council Fires of the Lakota people). When you sign up you'll become a member of NRDC's Activist Network. March: Canadas National Energy Board approves the Canadian section of the Keystone XL. Of course, TransCanada claims that KXL will be safe, that it will be state of the art. The Keystone XL Pipeline Is Dead, but TC Energy Still Owns Hundreds of to Steele City, Neb.) Opponents of this projectnow called the Gulf Coast Pipelinesay that TC Energy took advantage of legal loopholes to push the pipeline through, obtaining authorization under a U.S. Army Corps of Engineers nationwide permit and dodging the more rigorous vetting process for individual permits, which requires public input. Until 2016,Canadaofficially objected to the United Nations Declaration on the Rights of Indigenous Peoples. Neither the president nor wealthy foreign corporations are above the laws of our country. The southern portion of the pipeline, from Oklahoma to Texas, has already been completed. Although TC Energy had twice been denied a permit for the Keystone XL pipeline, on January 24, 2017, President Trump invited TC Energy to resubmit its application. The KXL phase of the pipeline cuts directly through the traditional homelands of our client tribes. Later, fossil fuel companies funnelled millions into Trumps 2017 inauguration ceremony, days after which he brought the Keystone XL project back from the dead, and ramped up federal lobbying efforts in the first months of his administration. The obligation of the United States to uphold those treaties is paramount, and Keystone XLs current path cannot be approved without the Siangu Lakotas consent. When industry-friendly politicians took charge of both congressional houses in January 2015, their first order of business was to pass a bill to speed up approval of Keystone XL. Back in 2017, the mainline of the Keystone pipeline ruptured in South Dakota outside of the Lake Traverse Reservation, home to the Sisseton Wahpeton Oyate. Despite a court order to reassess the Dakota Access Pipelines environmental impact, the agency wont share the results of its new study. See the related statement from Rosebud Sioux Tribe President Bordeaux. It's derived from a sludgy, sticky deposit found beneath the wilds of northern Albertas boreal forest. We have been mistreated in this process, and TC Energy has never sought or obtained our consent to build a pipeline in our territory, including on lands held in trust by the United States. The goal was to transport 830,000 barrels of crude, tar sand oil to refineries on the American Gulf Coast each day. Together with the Fort Belknap Indian Community, we brought a lawsuit to stop the construction of the Keystone XL pipeline through our territories. The federal government argues that the treaties dont matter. The promises made to the Rosebud Sioux Tribe, as well as the Oceti Sakowin, were broken before the ink on Fort Laramie treaties dried. The Tribes are taking a stand for their people, their culture, their water and their future, but they also are taking a stand for YOU, said NARF Staff Attorney Natalie Landreth. Keystone XL And Native Americans: South Dakota Tribes Fight - HuffPost Elections turn control of the U.S. Congress over to Republicans, who pledge to move forward on Keystone XL. NARF stands with our clients, the Rosebud Sioux Tribe and the Fort Belknap Indian Community, in their staunch opposition to the completion of the Keystone XL arm of the pipeline system. The District Court blocked pipeline construction until the government and TC Energy met those legal requirements. February: A Nebraska judge rules that the law that allowed the governor to approve Keystone XL over the objections of landowners was unconstitutional. Keystone XL- Myths and Facts - South Dakota Oil and Gas Association In his recent proclamation, Missing and Murdered American Indians and Alaska Natives Awareness Day, 2019, President Trump declared it imperative to end the violence that disproportionately affects American Indian and Alaska Native communities. They are also solemn promises between the citizens of those nations. For example, in 2020, Teck Resources withdrew its 10-year application to build the largest tar sands mine in history, citing growing concern surrounding climate change in global markets. Although, TransCanada, now known as TC Energy, has said that it has lost the 2019 construction season for the KXL pipeline, the company has asked the courts to lift the current injunction so that they can immediately begin to build their man-camps and pipe-yards. The Dakota Access Pipeline The controversial construction of the Dakota Access Pipeline (DAPL) gained national and international attention when the U.S. Army Corps of Engineers accepted an application filed by Energy Transfer Partners, a Texas-based developer behind the project. Tar sands oil is thicker, more acidic, and more corrosive than lighter conventional crude, and this ups the likelihood that a pipeline carrying it will leak. President Trump is now a defendant and the case is now called Rosebud et al v. Trump, et al. Among other things, the complaint describes: NARF Staff Attorney Matthew Campbell explained, Before we allow a foreign company to build another pipeline to haul dirty tar sands across any American soil, we should be taking a hard look at the possible impact on American land, water, health, and safety. 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. Some of the current concerns are rooted in our responsibility to take care of Unci Maka, which is grandmother earth. In June 2021, TC Energy announced that it was abandoning its plans for building the pipeline for goodputting an end to a fossil fuel project that had loomed over waterways, communities, and the climate for more than a decade. This pipeline was proposed in 2008 and has been referred to as either the Keystone XL pipeline or KXL. The projects corporate backerthe Canadian energy infrastructure company TC Energyofficially abandoned the project in June 2021 following President Joe Bidens denial of a key permit on his first day in office. Frighteningly, the KXL pipeline design would only detect 13,000 barrels (535,000 gallons) of tar sands crude leaked in a 24-hour period.

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