The only claims dismissed are the ones that the Tribes conceded should be dismissed because they were based on an old permit. 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. Digital maps are a powerful way to educate the public about connections between oil and gas extraction, climate change, social justice, and Indigenous rights. amended complaint in what will now be known as, an amended complaint against TransCanada and President Trump. The United States must answer to the Tribes for violations of the treaties and be instructed to honor them. NARF Staff Attorney Natalie Landreth said, We believe its imperative for the voices of our tribal clients to be heard regarding the impacts of the proposed pipeline. Pipeline opponents file a lawsuit against the Nebraska government claiming the state law used to review the new route is unconstitutional. Court Pulls Key Permit for Massive (and Dirty) Atlantic Coast Pipeline, Hey, Army Corps of EngineersShow Us Your Work in Your DAPL Report, Week 88: Trumps Runaway Train of Deregulation. WASHINGTON (AP) President Donald Trump greenlighted the long-delayed Keystone XL pipeline on Friday, declaring it a "great day for American jobs" and siding with energy advocates over environmental groups in a heated debate over climate change. The federal government must examine potential impacts on the safety and welfare of Native peopleespecially women and children. 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. Since the approval, the Trump administration has been sued twice by environmental organizations and lost each time. 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). This pipeline was proposed in 2008 and has been referred to as either the Keystone XL pipeline or KXL. On January 20, 2021, President Biden signed an Executive Order revoking the Keystone XL (KXL) pipeline permit issued by the Trump administration. 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.. The water has been there to support the people on their ancestral lands since time immemorial. The Tribes are asking the court to put a short hold on construction until a hearing scheduled later this month. Phase 2 and 3 did not require Presidential Permits and were built over several years starting in 2010. Neither the president nor wealthy foreign corporations are above the laws of our country. NRDC advocates were part of a broad coalition that helped stop Keystone XLfor good. Nebraska appeals. These lands are well within the area of impact for even a small rupture and spill. This is one of the reasons for the lawsuit. After the District Courts decision, President Trump took the extraordinary step of revoking the original KXL permit issued by the State Department and issuing a new permit himself. Five years ago, a pipeline spilled a million gallons of tar sands crude into a Michigan riverand were still cleaning it up. But Keystone XL . The revoked permit became the final nail in the pipelines coffin. 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. 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. These activities could cause irreparable harm to tribal waterways, cultural resources, and minerals in the path of the pipelines easement. 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. In their permit application, TransCanada agreed to abide by tribal laws and regulation, which they have failed to do. Leading climate scientist and former NASA researcher James Hansen has warned that fully exploiting Canadas tar sands reserves by moving forward with these projects would mean game over for our climate. On the campaign trail, Biden vowed to cancel the Keystone XL cross-border permit should he win the presidencyand on his first day in office, he made good on that promise. 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. This lines up with an industry trend: Oil and gas companies are exporting 8.4 million barrels of crude oil and refined fuels every single day. A spill would have been devastating to the farms, ranches, and communities that depend on these crucial ecosystems. Those leaks will be undetected unless/until they are huge. This has proved to be untrue. The U.S. Environmental Protection Agency (EPA) initially stated that, on a wells-to-wheels basis, tar sands oil emits 17 percent more carbon than other types of crude, but several years later, the State Department revised this number upward, stating that the emissions could be 5 percent to 20 percent higher than previously indicated. That means burdening the planet with an extra 178.3 million metric tons of greenhouse gas emissions annually, the same impact as 38.5 million passenger vehicles or 45.8 coal-fired power plants. It celebrated its 40th Anniversary last year, and, even after all this time, is still facing controversy. 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. Read the memo in support of preliminary injunction. 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.. Whats more, the whole process of getting the oil out and making it usable creates three to four times the carbon pollution of conventional crude extraction and processing. The Keystone XL (KXL) Pipeline is the proposed Phase 4 of the Keystone Pipeline system, which already is online with a capacity to carry more than 500,000 barrels per day. 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. 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. Last month, a Keystone Pipeline spill released more than 383,000 gallons of oilhalf of an Olympic swimming pool. Heres everything you need to know about the historic KXL fightand why the pipelines cancellation has had no impact on current oil prices. Regardless of the new permit and political maneuvering, the President is required to honor the treaties and the Constitution. It was first initiated in 2010, and Indigenous activists protested for a decade against its construction. We are ensuring that TC Energy (TransCanada) follows and respects our law. Frighteningly, the KXL pipeline design would only detect 13,000 barrels (535,000 gallons) of tar sands crude leaked in a 24-hour period. Hearings on the motion to dismiss were held Thursday, September 12, 2019, in the United States District Court for the District of Montana, Great Falls Division. In addition, the possibility of damaging community water supplies, valuable agricultural lands, and wildlife habitats is not a cost our clients are willing to bear on behalf of a foreign extractive company propping up a dying energy industry. Of course, TransCanada claims that KXL will be safe, that it will be state of the art. 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. update email soon. Additionally, the Rosebud Sioux Tribe operates its own water delivery system, which is part of the Mni Wiconi Rural Water Supply Project. This isnt your grandfathers typical oil, says Anthony Swift, director of NRDCs Canada project. 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. 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. The permitting process was completed only 56 days after TransCanada submitted its application for the third time. NARF Staff Attorney Matthew Campbell responded to the action, The Rosebud Sioux Tribe and Fort Belknap Indian Community have both poured tremendous effort and resources to defend their treaty rights and the safety of their tribal communities during the last few years. The construction of the Keystone XL Pipeline would strengthen the United States economy, provide energy security and have minimal environmental impact. In return, they asked that the United States protect their lands from trespass and their resources from destruction. Rather than honoring these legal obligations, the United States has chosen to blatantly violate them. The era of building fossil fuel pipelines without scrutiny of their potential impact on climate change and on local communities is over, Swift says. We were not willing to sacrifice our water or safety for the financial benefit of a trans-national corporation. This map felt particularly timely as construction crews break ground on initial sections of the proposed Keystone XL pipeline. The land, water, tribal sovereignty, and governmental services were not given to us in those treaties, President Kindle said. TransCanada ignores the threat that this influx of people creates during the COVID-19 pandemic. This hearing will focus on the United States motion to dismiss. Geographic Information System (GIS) is a computer-based technology that combines geographic data and relevant information about specific locations. The Native American Rights Fund represents the Rosebud Sioux Tribe and Fort Belknap Indian Community in this case. This map is a free and public tool designed to support impacted communities along the route about the risks of living in proximity to fossil fuel pipelines and development. President Bidens executive order was a landmark achievement and a sigh of relief for indigenous and environmental activists alike. It also endangers the Ogallala Aquifer, which supplies water for Native and non-Native users residential and agricultural needs on the High Plains in eight states. Keystone XL would have crossed agriculturally important and environmentally sensitive areas, including hundreds of rivers, streams, aquifers, and water bodies. The US did not adequately review the pipelines proposed route and whether it crosses tribal territory. 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. Exactly how much was released will not be clear until it's all recovered, TC Energy said. The spill, more than 400,000 gallons of unprocessed crude, is the seventh largest on-shore spill since 2002. 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. The proposed Keystone XL (KXL) Pipeline would cross Nebraska, Montana, and South Dakota, including tribal lands. (AP) The Trump administration on Wednesday approved a right-of-way allowing the Keystone XL oil sands pipeline to be built across U.S. land, pushing the controversial $8 . 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 is certain to leak (it already has). President Bordeaux had this to say about the KXL pipeline: There are a great many things that trouble us about this project. 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. 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. They have laws protecting their water and those laws must be respected. Yes, Trump has green-lighted the controversial Keystone XL pipeline. The dire climate change findings in the SEIS support the argument against the XL pipeline. The first, a southern leg, had already been completed and now runs between Cushing, Oklahoma,. The briefest look at American and Canadian history clearly shows that the pipeline situations are most certainly not the first instance of the government refusing to respect the lands, waters, and even peoples of indigenous groups. 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 . 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. 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. In fact, the treaties were created specifically for this sort of violation. They contain a form of petroleum called bitumen, a relatively sludgy substance that can be turned into fuel. January: Trump signs a presidential memorandum inviting TransCanada to resubmit their application for a Presidential Permit and directing the Secretary of State, Department of the Interior, and Department of the Army to fast-track the decision. All construction was stopped. The mineral estates qualify as Indian lands and the Tribe has jurisdiction over them. TransCanada has begun construction of the Keystone XL pipeline near the Rosebud Reservation, just a week after the Rosebud Sioux Tribe (Sicangu Lakota Oyate) and the Fort Belknap Indian Community (Assiniboine (Nakoda) and Gros Ventre (Aaniiih) Tribes) sued the Trump Administration for its illegal approval of the pipeline. 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. State Disclosures. 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. Watch President Bordeauxs full State of the Tribe address. 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 and . 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. And TC Energy still must abide by federal and tribal law. at a much higher rate than company estimates. 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. The injunction blocking KXL construction has now been lifted. Tar sands lie beneath the northern Alberta boreal forest. Once they are gone and depleted, they are gone. What is missing is an appreciation of the long-term effects of an oil pipeline going through our sacred land. Because it crosses the U.S.-Canada border, Phase 4 does require a Presidential Permit; however, it has been met with opposition since its initial proposal. That leak was nothing compared to the 2017 Keystone spill in South Dakota. It was proposed to be an extension of the existing Keystone Pipeline System, which has been in operation since 2010. In fact, TransCanada outlined several activities scheduled for April all along the route of the pipeline, not just at the border. Keystone XL was a terrible idea from the start, Swift said. The Rosebud Sioux Tribejust like South Dakota, Nebraska, and Montanahas a duty to protect the health and welfare, of its citizens. The agencies have not considered the effects of the COVID-19 pandemic on either health and safety or the global oil markets. February: TransCanada Corporation proposes the Keystone Pipeline project. The KXL order was issued on Wednesday as part of the first wave of Biden's promised environmental justice and climate action policies, which include rejoining the Paris agreement and halting. Anchorage, AK (907) 276-0680 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. Importantly, the new complaint also calls on President Trump to protect Native American people. The court asked for supplemental briefing on whether the President had the constitutional authority to issue the permit in the first place, which the Tribes are working on now.

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