The proposed Keystone XL (KXL) Pipeline would cross Nebraska, Montana, and South Dakota, including tribal lands. The judge found that the US State Department had not fulfilled its duties to the American people when it issued TransCanada a 2017 permit for the Keystone XL pipeline without the required environmental and safety review. The city was named after its founder, Harry Culver. In issuing the Keystone XL permit with shoddy and superficial analysis, the federal government not only didnt do its job, it did not follow the law.. It poured 407, 000 gallonsalmost 3,000,000 poundsof crude oil into the ground. January: The Nebraska Supreme Court narrowly strikes down the lower-court decision, ruling that the governors actions were constitutional. In short, tar sands oil represents no small threat to our environment, and our best stance against it, as the rallying cry goes, is to keep it in the ground.. This pipeline was proposed in 2008 and has been referred to as either the Keystone XL pipeline or KXL. Its a pipeline through America, and it threatens to be a disaster for us if it leaks poisons on the way. Leading scientists and economists came out in opposition to the project, in addition to unions and world leaders such as the Dalai Lama, Archbishop Desmond Tutu, and former president Jimmy Carter (together, these and other Nobel laureates have written letters against the project). Meanwhile, major new tar sands projects stopped moving forward, despite investments from the government of Alberta, Canada. The revoked permit became the final nail in the pipelines coffin. The federal government violated the 1851 Treaty of Ft Laramie and 1855 Lame Bull Treaty, in which the US committed to protect against future harm to the tribes natural resources. This map felt particularly timely as construction crews break ground on initial sections of the proposed Keystone XL pipeline. 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. It is the largest underground water source in the United States. The federal government argues that the treaties dont matter. All information was gathered from public documents. The U.S. Senate approves a bill to build Keystone XL. The pipeline would have stretched 1,179 . It connects Cushing, Oklahoma, to Port Arthur, Texas. In late 2018 and early 2019, the courts repeatedly blocked TransCanadas attempts to start construction on the Keystone XL pipeline. The proposed Keystone XL (KXL) Pipeline would cross Nebraska, Montana, and South Dakota, including tribal lands. The US did not adequately review the pipelines proposed route and whether it crosses tribal territory. DAPL may be underway, but the water protectors at Standing Rock taught us a lot about going up against the fossil fuel industry. When that failedthanks to a lawsuit brought by NRDC and other groupsTrump reissued the cross-border permit himself. This is one of the reasons for the lawsuit. Its nasty stuff., A fully realized Keystone XL would have led to more mining of that nasty stuff by accelerating the pace at which its produced and transported. The following are quotes from the project partners: Obama says TransCanada is free to submit another application. Last month, a Keystone Pipeline spill released more than 383,000 gallons of oilhalf of an Olympic swimming pool. NRDC.org stories are available for online republication by news media outlets or nonprofits under these conditions: The writer(s) must be credited with a byline; you must note prominently that the story was originally published by NRDC.org and link to the original; the story cannot be edited (beyond simple things such as time and place elements, style, and grammar); you cant resell the story in any form or grant republishing rights to other outlets; you cant republish our material wholesale or automaticallyyou need to select stories individually; you can't republish the photos or graphics on our site without specific permission; you should drop us a note to let us know when youve used one of our stories. The State Department provided no explanation in the 2017 decision for its contradictory factual finding; instead, it simply disregarded its previous factual findings and replaced them with a new one. August-September: Keystone XL protesters organize two weeks of civil disobedience at the White House. This story was originally published on April 7, 2017, and has been updated with new information and links. Maps issued by TransCanada (TC Energy) clearly show the proposed KXL pipeline crossing tribal lands. The biggest concern with the Keystone XL Pipeline would be a spill in an environmentally sensitive area, such as the . At the end of July, the Rosebud Sioux Tribe and the Fort Belknap Indian Community (the Tribes) filed their response to the defendants motions to dismiss in Rosebud Sioux Tribe v. Trump. The protests were primarily peaceful, with camps and prayer circles set up on the land where construction was to take place. a new mini-documentary entitled Take Action: Protect Our Land., their response to the defendants motions to dismiss. The United States must answer to the Tribes for violations of the treaties and be instructed to honor them. The Tribes argue that the 2019 permit, which would allow a Canadian company (TransCanada) to build another dirty tar sand crude pipeline across American soil, also creates a substantial risk of. 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. The Keystone XL Pipeline Is Dead, but TC Energy Still Owns Hundreds of Miles of Rights of Way Many landowners who opposed the pipeline have begun a new fight, trying to regain control of the land . June-July: Increased opposition to Keystone XL includes legislators and scientists speaking out against the project; the Environmental Protection Agency questions the need for the pipeline extension. And when tar sands oil does spill, its more difficult to clean up than conventional crude because it immediately sinks to the bottom of the waterway. And the President and TC Energy would like to run a pipeline of highly toxic, cancer-causing sludge called tar sands right through it. President Trump also issued a cross-border permit to the pipeline developer, a permit that had been long sought after for the developers. Pipelines like the Keystone XL and Dakota pipelines as well as other fossil fuel projects actively pollute native land and water resources as well as consistently contribute to global warming due to their high greenhouse gas emissions. The Rosebud Sioux Tribe has retained the NARF to represent its interests with regard to the Keystone XL pipeline. The total for the Keystone pipeline's 2017 gush onto. (a) On March 29, 2019, the President granted to TransCanada Keystone Pipeline, L.P. a Presidential permit (the "Permit") to . 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. 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. Disclaimer: The views, thoughts, and opinions expressed in this blog post are the authors only and do not necessarily reflect the official position of UAB or the Institute for Human Rights. 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. Nebraska appeals. February: TransCanada announces it will build Phase 3 of the Keystone Pipeline as a separate project that is not subject to presidential permission, since it does not cross an international border. 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 is in violation of federal law.The United States is allowing TransCanada to begin construction even though there has been no review of our treaty rights, hunting and fishing rights, or the impacts to our people, our water, or our environment. The federal government must examine potential impacts on the safety and welfare of Native peopleespecially women and children. Refining the sticky black gunk produces piles of petroleum coke, a hazardous, coal-like by-product. Indigenous leaders are encouraging him to go even further and cancel more controversial fossil fuel projects, such as the Dakota Access pipeline. And the risk that Keystone XL would have spilled was heightened because of the extended time the pipe segments were left sitting outside in stockpiles. 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 most recent leak, large enough to partially fill a swimming pool, was not big enough to trigger the leak detection system. Even as Trump and TC Energy tried to revive the pipeline, polls showed that a majority of Americans opposed it. 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. Our land, water, and people are under direct threat from the KXL pipeline. We must ensure our people are safe, and that the economic security, health, welfare, and general well-being of Rosebud and our members are protected. In the two years leading up to the November 2014 midterm elections, the fossil fuel industry spent more than $721 million to court allies in Congress. Recent governmental reports contain new data about climate change, which necessitates new analysis. Once resubmitted, the U.S. State Department did not bother to seek any new information or public comment, but instead quickly granted TC Energy a permit. Read the memo in support of preliminary injunction. When the Obama administration refused to grant the cross-border permit necessary to build TC Energys Keystone XL oil pipeline in November 2015, it struck a blow against polluting powers and acknowledged the consensus on this misguided project from a wide swath of communities, experts, and organizations. 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. It was first initiated in 2010, and Indigenous activists protested for a decade against its construction. 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. 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. 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. Police arrest approximately one thousand people. 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. Thats up nearly threefold from a decade ago, and an amount equal to 42 percent of our consumption. But Nebraskas got a slew of public hearings on the calendar, and legal challenges loom large. But the case against . 9 Result (s) Found. The dire climate change findings in the SEIS support the argument against the XL pipeline. Our health and safety should take priority over companies profits. 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. The case is now up to the Tribes, and they will not allow a foreign company to break American law, take land that does not belong to them, ignore the voices and laws of the tribal citizens, and destroy an aquifer that feeds millions of Americans. In fact, TransCanada outlined several activities scheduled for April all along the route of the pipeline, not just at the border. The decision echoed a seven-year State Department review process with EPA input that concluded the pipeline would fail to serve national interests. It was a blatant attempt to prioritize corporate interests over the health and well-being of the regions citizens and tribes authority to govern their lands and protect their citizens. Originally founded as a whites-only city, or sundown town, since the 1980s it has become fairly diverse with one of the most diverse school systems in the United States. The Rosebud Sioux Tribe (Sicangu Lakota Oyate) and the Fort Belknap Indian Community (Assiniboine (Nakoda) and Gros Ventre (Aaniiih) Tribes) in coordination with their counsel, the Native American Rights Fund, on September 10, 2018, 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. Pipeline under construction in Alberta, Canada. They are also solemn promises between the citizens of those nations. We invite anyone interested in providing testimony to attend. We will not dishonor our relatives and unnecessarily endanger our health, safety, and wellbeing. 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. In January, TransCanada reported that it would begin Keystone XL pipeline construction in April despite ongoing questions about the projects permitting. Instead, despite the danger to tribal citizens and all of the people living in the area, TransCanada is pushing to quickly build as much of the pipeline as possible. Some people, seeing a map of the pipeline's proposed 875-mile route through the Great Plains, may picture the region in the terms of 19th-century explorers who called it the "great American desert . 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. The pipeline had been projected to carry oil nearly 1,200 miles (1,900km). But environmental reviews by both the Obama and Trump administrations concluded that the Keystone XL pipeline would not have lowered gasoline prices. The new complaint in Rosebud Sioux Tribe v. Trump responds to President Trumps March 29 presidential permit. Complicating matters, leaks can be difficult to detect. Even worse, building Keystone XL would have meant enduring those risks just to send the fuel to our overseas rivalsand the profits to Big Oil. Since 2015, CAMP has worked with Indigenous and environmental organizations to build interactive maps that tell stories about climate justice across the Americas. UAB also encourages applications from individuals with disabilities and veterans. Revoking the illegally issued pipeline permit is a start, but we call on the Biden administration to do more, to go further, to respect the rights of Native peoples and improve the relationships between tribes and the federal government..

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