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March: The Trump White House exempts the Keystone Pipeline from the requirement to use U.S. steel. Heres why thats a disaster in the making. The market case had also deteriorated. This undisputed fact, that the pipeline would cross Rosebud mineral estates held in trust, has several legal implications: The publicly available maps that the Tribes have seen show that the pipeline corridor also would cross Rosebud surface and mineral estates. They begin by displaying a map of the proposed pipeline that shows that the pipeline will not cross Standing Rock Sioux Reservation, and in fact, it is located entirely on privately owned land except for a 1,094 ft portion . The Fort Belknap Indian Community and the Rosebud Sioux Tribe, represented by the Native American Rights Fund, have separately sued TC Energy and President TrumpRosebud Sioux Tribe v. Trump. On the map users will be able to locate the pipeline route, pumping stations, pipe storage yards, and man camp locations (also known as construction camps). We are ensuring that TC Energy (TransCanada) follows and respects our law. It was a political step, having nothing to do with what the law actually requires. Even as Trump and TC Energy tried to revive the pipeline, polls showed that a majority of Americans opposed it. See our original complaint filed. This hearing will focus on the United States motion to dismiss. The federal government argues that the treaties dont matter. We will fight to ensure that federal law is followed.. NARF will not allow the US government to ignore or forget the agreements made with tribal nations. The pipeline would consist of 875 miles of 36-inch pipe with the capacity to transport 830,000 barrels per day" (Parfomak, Pirog, Luther and Vann 4). "The Keystone XL Pipeline is an environmental crime in progress." "It's also been called the most destructive project on the planet." The major issues with the Keystone XL Pipeline are "the dirty tar sands oil, the water waste, indigenous populations, refining tar sands oil and don't forget the inevitable; pipeline spills." April: TransCanada submits a new route to officials in Nebraska for approval. Winning support in Indian country is one of the last hurdles for the project, which is touted as a key to North American energy . The Tribes are entitled to protect the health and welfare of their people and territory and to ensure that their treaties are upheld. GIS allows for the creation of maps that display specific information related to the City. The proposed Keystone XL extension actually comprised two segments. Keystone XL will need permission from the Rosebud Sioux Tribe, so this is not over.. September: TransCanada and ConocoPhillips file an application for the Keystone XL Phase 4 extension. As such, they are protected by treaties as well as tribal and federal laws. sued the Trump Administration in the U.S. District Court for the District of Montana, Great Falls Division, for numerous violations of the law in the Keystone XL pipeline permitting process. DAPL may be underway, but the water protectors at Standing Rock taught us a lot about going up against the fossil fuel industry. March: Canadas National Energy Board approves the Canadian section of the Keystone XL. Keystone XL Pipeline Map The proposed Keystone XL extension actually comprised two segments. 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. Opposition emerges in Nebraska. January: Obama rejects the Keystone Pipeline, saying the December bill did not allow enough time to review the new route. 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. The US did not adequately review the pipelines proposed route and whether it crosses tribal territory. As much as they would like to, TransCanada cannot ignore the laws that protect Native American people and lands.. Since the approval, the Trump administration has been sued twice by environmental organizations and lost each time. 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. Without Keystone XL, the tar sands industry has been forced to cancel projects rather than shift to rail, subsequently leaving more of the earths dirtiest fuel in the ground where it belongs. Anchorage, AK (907) 276-0680 August: The State Department releases its final environmental assessment that the pipeline would have a limited environmental impact. On his first day in office, President Joe Biden signed an executive order canceling the Keystone XL Pipeline Project. (That effort failed.) A spill would have been devastating to the farms, ranches, and communities that depend on these crucial ecosystems. That leak was nothing compared to the 2017 Keystone spill in South Dakota. President Trump also issued a cross-border permit to the pipeline developer, a permit that had been long sought after for the developers. The pipeline is certain to leak (it already has). Together with the Fort Belknap Indian Community, we brought a lawsuit to stop the construction of the Keystone XL pipeline through our territories. January: The Nebraska Supreme Court narrowly strikes down the lower-court decision, ruling that the governors actions were constitutional. 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. The 2019 pipeline approval violates both of these provisions. We will not dishonor our relatives and unnecessarily endanger our health, safety, and wellbeing. The pipeline faced more than a decade of sustained protests from environmental activists and organizations; Indigenous communities; religious leaders; and the farmers, ranchers, and business owners along its proposed route. From the refineries, the oil would be sent chiefly overseasnot to gasoline pumps in the United States. When they entered into treaties with the United States, the tribal nations meant to protect their natural resources (water, grasslands, and game) and keep people from crossing their lands. Upon entering office, President Trumpwith his pro-polluter cabinet of fossil fuel advocates, billionaires, and bankersquickly demonstrated that his priorities differed. See the related statement from Rosebud Sioux Tribe President Bordeaux. This rate of toxic spills is much more frequent than TransCanada predicted and reported to the federal government. The authority to permit the pipeline falls within Congresss exclusive and plenary power to regulate foreign commerce. Bulldozers were seen this week grading the land in Tripp County, South Dakota, adjacent to Rosebud lands. The reversal came as no surprise. Public documents about extractive projects are often difficult to find and hard to read. With this construction, workers will descend on the communities along the pipelines proposed path. But activists say the water protector strategy has proven effective with the cancelation of the Keystone XL pipeline. June 25, 2020 (Bemidji, MN) The Indigenous Environmental Network, in collaboration with the Climate Alliance Mapping Project and the Keystone XL Mapping Project, have just launched the KXL Pipeline Map, an interactive tool that highlights the route of the Keystone XL (KXL) pipeline, a tar sands project of the TC Energy corporation. The water delivery system for the Rosebud Sioux Tribe is called the Mni Wiconi, which translates to Water is Life. On February 11, 2019, an 1,800-gallon spill was detected in Missouri on the main Keystone line, and last year more than 400,000 gallons were spilled from the main Keystone line in South Dakota near a tribal community. 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. In a huge success for the tribes, people, and sacred places in the path of the proposed pipeline, TransCanada (TC Energy) announced in June 2021 that it is terminating its Keystone XL pipeline project. NARF is honored to represent the Rosebud Sioux and Fort Belknap Tribes to fully enforce the laws and fight this illegal pipeline.. The southern portion of the pipeline, from Oklahoma to Texas, has already been completed. A similar crude oil project, the Dakota Access Pipeline has received media attention in previous years due to the police and state reactions to the protests over its creation. Heres everything you need to know about the historic KXL fightand why the pipelines cancellation has had no impact on current oil prices. Not consenting or withdrawing consent, may adversely affect certain features and functions. The goal was to transport 830,000 barrels of crude, tar sand oil to refineries on the American Gulf Coast each day. 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. This is one of the reasons for the lawsuit. Rosebud Sioux Tribe President Rodney M. Bordeaux responded to the announcement, This is great news for the Tribes who have been fighting to protect our people and our lands. However, maps now reveal that the pipeline will cross tribal lands and water suppliesso the pipeline and the president MUST comply with tribal laws and treaties. There did occur a series of protests for many months, in opposition of the creation of the pipeline. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. 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. 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. Natural Resources Defense Council 2023 Privacy Policy As an expansion of the companys existing Keystone Pipeline System, which has been operating since 2010 (and continues to send Canadian tar sands crude oil from Alberta to various processing hubs in the middle of the United States), the pipeline promised to dramatically increase capacity to process the 168 billion barrels of crude oil locked up under Canadas boreal forest. Canada is considered one of the most water-rich countries in the world and yet many indigenous communities continue to be provided with inadequate access to safe drinking water which provides a large public health concern for these communities. The pipeline continually threatens the sanctity of indigenous sacred lands and the purity and safety of the local water supply. This means an extra 178.3 million metric tons of greenhouse gas would be emitted annually, a similar impact to 38.5 million cars. By the time President Biden took office in 2021, ready to fulfill his campaign promise to revoke the cross-border permit, the dirty energy pipeline had become one of the foremost climate controversies of our time. Frighteningly, the KXL pipeline design would only detect 13,000 barrels (535,000 gallons) of tar sands crude leaked in a 24-hour period. This is not a pipeline to America, said the late civil rights activist Julian Bond, among the many arrested. Workers had to excavate sections of the affected pipeline to find and repair the leak. It has been determined that the pervasive violence against indigenous women amounts to genocide. Any project that crosses tribal lands must be in compliance with tribal laws and regulations. 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! Keystone XL was a terrible idea from the start, Swift said. In 2014, more than two million comments urging a rejection of the pipeline were submitted to the U.S. Department of State during a 30-day public comment period. Therefore, the Rosebud Sioux Tribal Utiity Commission held public hearings on the proposed TransCanada KXL Pipeline on Tuesday, May 28, and Wednesday, May 29, 2019 at the St. Francis Indian School Gym, 502 Warrior Dr, St Francis, SD 57572. Therefore, on Monday March 2, 2020, the Fort Belknap Indian Community and Rosebud Sioux Tribe filed a motion for preliminary injunction and asked the court to not allow TransCanada to begin construction of the pipeline while the case is under review. The protests were primarily peaceful, with camps and prayer circles set up on the land where construction was to take place. He also signs an order requiring pipelines in the United States to be built with U.S. steel. This is great news for the tribes, people, and sacred places in the path of the proposed pipeline. The mineral estates qualify as Indian lands and the Tribe has jurisdiction over them. But immediately after taking office, President Donald Trump brought the zombie project back to life, along with the legal battles against it. The proposed Keystone XL (KXL) Pipeline would cross Nebraska, Montana, and South Dakota, including tribal lands. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. 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. Paramount Network just released a new mini-documentary entitled Take Action: Protect Our Land. The documentary explores the potential impact of the proposed Keystone XL Pipeline on our client, the Fort Belknap Indian Community in Montana. 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. This new permit is a blatant attempt to avoid any environmental analysis for the pipeline that United States law and courts have required. TransCanada failed to comply with Rosebud and Fort Belknap law. On Wednesday, June 9, 2021, TransCanada (TC Energy) announced that it is terminating its Keystone XL pipeline project. Importantly, the new complaint also calls on President Trump to protect Native American people. The government failed to even evaluate an alternate route to avoids tribal treaty lands. August-September: Keystone XL protesters organize two weeks of civil disobedience at the White House. See our request for intervention. The Keystone Pipeline System is an oil pipeline system in Canada and the United States, commissioned in 2010 and owned by TC EnergyAs of March 2020, the Government of Alberta. 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. If you are worried about the KXL pipeline, take action now. 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. UAB also encourages applications from individuals with disabilities and veterans. 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. Between the threat of sexual violence and contraction of the coronoavirus, arrival of KXL construction workers in our homelands poses deadlier risks than ever before and must be stopped. 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 American opposition, resentments. Revoking the Trump administrations illegal permit is a necessary first step towards fixing this situation, Fort Belknap Indian Community President Andrew Werk Jr. explained. But environmental reviews by both the Obama and Trump administrations concluded that the Keystone XL pipeline would not have lowered gasoline prices. EPA staff perform oil and sediment sampling near Battle Creek, Michigan, after the Kalamazoo spill. 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. June: Phase 1 of the Keystone Pipeline goes online. We will Last month, the Keystone base pipeline spilled in Missouri; while the spill was caught early and a small amount of crude was lost, the fact that it spilled speaks volumes to the safety of such projects going forward. However, despite youth and elderly leaders being in the front during the inevitable standoffs with police, Mace, tasers, and rubber bullets were used against the protestors. This has proved to be untrue. 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. to Steele City, Neb.) 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. But then the Trump administration would do something to undercut us outside of court. The administration also attempted to issue other permits for the project, all based on flawed environmental analyses, eventually prompting more lawsuits, including two from NRDC and its allies. If the Presidents goal was to avoid complying with the District Courts decision in that case, it worked. Culver City is a city in Los Angeles County, California. Jessica Ravitz, CNN. NARF has two important updates regarding our defense of the Rosebud Sioux Tribe and the Fort Belknap Indian Community against the Keystone XL pipeline. It was expected to transport 830,000 barrels of Alberta tar sands oil per day to refineries on the Gulf Coast of Texas. The pipeline path skirts federal tribal land boundaries in South Dakota, Baker said, yet will still cut "almost through the heart" of a large protion of the land set aside for exclusive use by tribal nations, as recognized by the 1851 and 1868 Laramie Treaties.The pipe would cross native spiritual sites, burial grounds, hunting lands and sources of drinking water, including the Mni Wiconi . The technical storage or access that is used exclusively for statistical purposes. In these filings, the Tribes highlight that TransCanada admitted that the Keystone XL pipeline would cross Rosebud mineral estates held in trust by the United States. On November 17, 2020, the Rosebud Sioux Tribe and the Fort Belknap Indian Community, represented by the Native American Rights Fund and co-counsel, filed a federal lawsuit against the United States Department of Interior (DOI) and the Bureau of Land Management (BLM) over their issuing of the KXL permit. 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. 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. 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 his fourth day in office, Trump signed an executive order to allow Keystone XL to move forward. The agencies have not considered the effects of the COVID-19 pandemic on either health and safety or the global oil markets. The Rosebud Sioux Tribejust like South Dakota, Nebraska, and Montanahas a duty to protect the health and welfare, of its citizens. President Trump tried to go around the courts, the laws, and the will of the American people, in order to put a foreign-owned pipeline on tribal lands, said NARF Staff Attorney Natalie Landreth. The United States must answer to the Tribes for violations of the treaties and be instructed to honor them. Based on the current status of indigenous peoples within the United States, it is evident that these treaties and those that followed were either never fulfilled or were manipulated to provide leverage for the United States government. Now, after the courts have told the United States it must follow the law, President Trump has attempted to circumvent the courts by issuing a new permit. This pipeline was proposed in 2008 and has been referred to as either the Keystone XL pipeline or KXL. The takedown of the notorious Keystone XL (KXL) tar sands pipeline will go down as one of this generations most monumental environmental victories. The cost is too high. 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. We are joined in a fight against an invisible enemy that we now know is highly contagious before its hosts even show symptoms, said President Bordeaux of the Rosebud Sioux Tribe, Based on these extraordinary circumstances, we ask that TransCanada halt any construction during this pandemic.. The construction of the Keystone XL Pipeline would strengthen the United States economy, provide energy security and have minimal environmental impact. Pipeline opponents file a lawsuit against the Nebraska government claiming the state law used to review the new route is unconstitutional. We were not willing to sacrifice our water or safety for the financial benefit of a trans-national corporation. Neither the president nor wealthy foreign corporations are above the laws of our country. 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).