On Monday, April 13, Administrative Law Judge Eric Lipman gave his recommendation to the MN Public Utilities Commission, in favor of granting Enbridge a Certificate of Need for the Sandpiper pipeline.
This is not surprising, given Judge Lipman's refusal to consult with tribal governments, honor our requests to hold public hearings in Indian Country, or take seriously the threats to our water, rice, and way of life that this pipeline would bring with it. But somehow it is still baffling how anyone could conclude that a superhighway of dirty and volatile oil is something Minnesota "needs" passing through its pristine lakes, especially as oil production in the Bakken contracts in response to low oil prices.
Read Honor the Earth's official Press Release in response here.
It's time to turn up the pressure. The official PUC decision on the Certificate of Need is expected sometime in June. If they choose to approve it, we then enter the second phase of the process, the selection of route. In the upcoming months we intend to increase our opposition to this extreme extraction project, this violation of our sovereignty and our treaty rights, this threat to our sacred lands. Love Water Not Oil. Please join us today by becoming a Sustaining Member of our movement to protect Mother Earth and our Anishinaabe Akiing.Read more
What started as 375,000 barrels of oil per day crossing by Rice Lake and the Mississippi Headwaters, is now almost l.5 million barrels per day in the Enbridge lines. Also, Enbridge proposes to abandon a rusting Line 3 and leave it in the ground, with a lot of unknown consequences, and rebuild it in the Sandpiper corridor. In late January, public hearings were held across MN for the Sandpiper “Certificate of Need”. Tribal Attorney Joe Plummer represented the White Earth band at the hearings. To be clear: if the Minnesota Public Utilities commission grants this certificate of need, Enbridge will be able to seize private property through eminent domain.
#Enbridge seeks #IndianWhisperer in a #dirtyscheme to push its #OilAgenda on Native people #StopThePipeline #NoKXLShare
Dear Governor Dayton,
Oil companies are asking too much of our state. While we remain in a fossil fuel economy at the present, sending one new pipeline, and two dramatically expanded Enbridge Oil pipelines across the beautiful North Country, is wrong and is not a good move for Minnesota. I am asking you to oppose the Sandpiper and to take a leading role to place a moratorium on new pipelines in the north lakes country. (view maps which illustrate the danger of this pipeline here)
By Winona LaDuke
The Enbridge Company has announced its looking for a new tribal relations specialist for northern Minnesota. They are hiring. This is going to be interesting, particularly since no tribal government or Native organization, or, let’s just say, traditional Native person in the north seems to want this Sandpiper pipeline. Chairwoman Karen Diver of the Fond du Lac Ojibwe wrote a letter this last month, expressing significant concerns about both the pipeline and Enbridge’s safety record, in light of significant tribal harvesting interests. This letter follows resolutions by tribal governments, testimony and legal interventions opposing the Sandpiper, by the White Earth and Mille Lacs band, and the Minnesota Chippewa Tribe. In short, it’s tricky terrain.
This reminds me of the federal government’s Office of the Nuclear Waste Negotiator in the l980s. This guy was charged with getting communities to consider a no strings attached grant to review nuclear waste options, and then a bigger grant to look at it some more. Now, no one wanted really to hang out with this guy, I’m betting, but l6 of the 20 recipients of the initial money were Indian tribes, so he was working hard to get Native people involved. And, after all a lot of tribes were pretty poor at that time, so it was a good target, besides having all that land. As a matter of fact, there was this great promotional literature, which referred to Native people being really the guardians of Mother Earth, so naturally we would feel really comfortable caring for nuclear waste. Well, as we know, this has not yet worked out. (I did testify at the hearing on the nuclear waste repository potential site called the Headwaters Site, right by the Mississippi Headwaters. At the hearing, I explained that I understood that it was a suppository, not a repository. But that’s last millennium news.)
Enbridge’s proposal is not a lot different. A 60-year-old corporation asks a people who have lived here for 8, 000 years to assume the liability for a pipeline that carries oil through your territory. It is not as if we do not notice that the profit is being made at either end, except for those tax and a minimum benefits we get along with that liability. With 800 spills and counting, and a new proposal to put 400, 000 barrels of tar sands oil in a 50-year-old pipeline with a whole bunch of structural problems, Enbridge is going to need one sweet talking Native. After all, Red Lake, Leech Lake, White Earth and Fond du Lac are all impacted by these pipeline proposals, and those Ojibwe can be, well. Contentious.
Best of luck to you, guys.Read more
Honor the Earth stands with Ferguson, whose protesters called for a boycott of Black Friday, and will have instead a Solidarity Saturday discount sale. Everything is 10% off, and gift baskets are 15% off. http://migizi1.myshopify.com/
Use the code #solidaritysaturday for 10% off of everything.
Use the code #solidaritysaturdaygiftbasket for 15% off gift baskets
Lots of traditionally harvested miijim (food) products and cool merch for the holiday season. All purchases support our work.
ps. Why yes, that is Benicio del Torro wearing our Chief Hole in the Day t shirt. A proud day for all Ojibwe...and also Frank Waln there with a Love Water Not Oil shirt...
Miigwech for your support
FOR IMMEDIATE RELEASE:
On November l2, 2014, Honor the Earth joined with the White Earth Nation, the Sierra Club, the Center for Biological Diversity and the Indigenous Environmental Network in a lawsuit against the US State Department. The suit challenges the State Department’s intent to issue a permit to the Enbridge Company to bring tar sands oil into the US prior to completion of an Environmental Impact Statement. The pipeline proposal -- a switch of line between the new Alberta Clipper pipeline the sixty year-old line Three causes what plaintiffs call a “mockery of federal law” by allowing the company to bypass regulation and use an older line to move the oil.Read more
North Dakota Pipeline Company LLC Challenges MN Public Utilities Commission's August Decision to Require Enbridge to Investigate Alternate Routes
The North Dakota Pipeline Company recently petitioned for reconsideration of the Public Utilities Commission of Minnesota's decision earlier this fall to force Enbridge to investigate other pipeline routes before any routes would be considered for approval for the proposed Sandpiper Pipeline. The proceedings for Certificate of Need and Routing Permit were divorced by the PUC earlier this year, and rules require these to be pursued separately. The NDPC is petitioning to have those processes rejoined.
Read Honor the Earth's response here.Read more
I wanted to write a story about strength and resilience. I wanted to write a story about the singers, the horse people, and the earth lodge builders of the Mandan Hidatsa and Arikara peoples, the squash and corn, the heartland of agricultural wealth in the Northern Plains. That’s the story I have been wanting to write. But that story is next. The story today is about folly, greed, confusion, unspeakable intergenerational trauma and terrifying consequences, all in a moment in time. That time is now.
For me, this story began at Lake Superior, a place that is sacred to the Anishinaabeg, the source of a fifth of the world’s fresh water. I rode my horse with my family, my community and our allies, from that place, Rice Lake Refuge, to Rice Lake, on my own reservation. Those two lakes are the mother lode of the world’s wild rice. Those two lakes—in fact, the entire region—are threatened by a newly proposed pipeline of fracked oil from what is known as the Bakken Oil Fields of North Dakota, from the homeland of those Arikara people. The pipeline proposed is called the Sandpiper. We rode, but we did not stop. Driven to go to the source, we traveled to North Dakota. That is this story.
RELATED:Three Horseback Journeys Trace Paths of Imminent Pipeline Destruction
Video: A Pipeline and a Promise to the Land
Mandan, Hidatsa and Arikara territory lies along the northern Missouri River, a land of gentle rolling hills, immense prairie diversity and the memory of 50 million buffalo. It is today called the Ft. Berthold reservation, and it is known as the sweet spot for Bakken crude oil. About 20 percent of North Dakota’s oil production is coming from this reservation, in a state with 19,000 wells. Lynn Helms, ND Director of Mines, speaks from a panel, telling us that there are 193 drilling rigs in North Dakota—one-sixth of them, or 28, on the Ft. Berthold reservation, 14 on trust lands and l4 on fee lands. There are 1,250 active and producing wells on the reservation, with 2,150 leased and ready to drill. Then, Helms explains, these wells will be in the “harvest phase of production,” soon. Everywhere, it is lit up, as if theLord of the Rings’ Eye of Sauron is sweeping its piercing, deadly gaze across the land.
That is what we see. What we also see is that there’s a huge change in wealth on the reservation.In fact, things have been going so well that the tribal council—which five years ago was facing a $200 million debt—is now well into the black. The tribal chairman (who just lost a primary election), Tex “Chief Red Tipped Arrow” Hall, is rumored to be a millionaire. The tribal council purchased a yacht, a 149-passenger yacht. That is a yacht to take Senators like Heidi Heidkamp and oil company executives out and about on the lake that drowned their culture, and to enjoy the beauty and opulence that many oil rich countries are accustomed to. The yacht sits quietly on a dock by the casino. No fanfare today.
So let us talk about poverty and how North Dakota and the U.S. have treated the Mandan, Hidatsa and Arikara people historically.It may be true of all Native people in the region. They were the poorest for many years, an unspeakable poverty of loss… intergenerational trauma and the meanness of America… all manifest during the Indian wars and in the smallpox epidemics that wiped out 90 percent of their people. That was crowned by the deepest of destruction—the 1954 Garrison Diversion project, which submerged a people under Lake Sakakawea, taking 152,000 acres of their best land. The dams drowned their villages, drowned their agricultural wealth, drowned their history and rewrote it in America’s manual of agricultural progress. The sense of despair was in some ways manifest in the landmark Dana Deegan case, in which Deegan abandoned and allowed to die her newborn infant, an unspeakable horror. For this she was sentenced to a decade in prison, in a highly controversial federal court decision. (Similar cases involving non-Native women resulted in supervised probation and reduced sentences.)
“The law needs to be changed, and Indians need to be treated the same as their non-Indian neighbors,” Judge Myron Bright, dissenting judge on the federal appeals court, said of the verdict. Bright pointed to the historic trauma and abuse in the Deegan case as the basis for his dissent (SeeFree Dana Deegan). In the end, there is no grief that I can imagine is deeper. Except perhaps the grief that is to come. That is unimaginable. And that grief could either be prevented by tribal leaders, or inherited by their children.
That is part of the question to be asked here. How much does the tribal leadership know about what is going on? And how much do the people know?
Kandi Mossett, a tribal member, along with many other community members like Theodora and Joletta Birdbear, have been fighting it all. They have been trying to protect their community for a decade from new threats and ongoing destruction. This includes the huge Basin Electric coal generation facilities, burning the dirtiest coal in America, just upwind from their villages; oil refinery proposals that have been accelerated through federal processes (when no new oil refineries have been built for decades in the U.S., but tribal sovereignty could shield this one and expedite its process), and then the fracking, the eye of Sauron. The women’s Facebook page,This is Mandaree, contains a wealth of information. They are not alone, but the MHA tribal council has great influence, and money is power.
Known and Unknown
In the Anishinaabe universe there are eight layers of the world—the world in which we live, and those above and below. Most of us live in the world we can see. What we do, however, may intersect with those other worlds.
Fracking oil is a new technology. Despite industry claims, it is a big experiment, made possible because of a perfect storm: an entire lack of federal, state or tribal regulation, and unlimited access to water and air, into which everything is dumped.
The 2005 Energy Policy Act had something in it called the Halliburton Amendment. That amendment exempted the oil and gas industry from most major environmental laws. This includes special exemptions from: the Superfund Act (CERCLA); the Resource Conservation and Recovery Act (RCRA, which manages hazardous waste); the Safe Drinking Water Act and the Clean Water Act, which maintain the chemical, physical and biological integrity of the nation's waters; the National Environmental Policy Act, and the Clean Air Act. For the Clean Air Act, the exemptions involve emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump. The exemptions have worked out pretty well for industry and, one might argue, for the short-term leaseholder and for royalties. Not so for those trying to protect the environment.
Fort Berthold Reservation Environmental Director Edmund Baker has been a bit challenged in his regulation of the fracking industry. On July 8, what was known as the Crestwood spill was discovered. About a million gallons of radioactive and highly saline water was found leaking from a pipe and headed to a stream and Lake Sakakawea. Industry officials, joined by Hall, talked about how, fortuitously, all had been saved by three beaver dams.Let’s just say that Leave it to Beavermay be a bit of a simplistic environmental protection plan.
RELATED:A Million Gallons of Salty Wastewater Leaks Near Fort Berthold Water Supply
The spill was found. Always a problem, because when something is found, it has usually gone on for quite a while. (After all, the 800,000 gallon oil spill which occurred last year in the Bakken was discovered about two months after it had started seeping out of a quarter size hole in a pipe.) The Crestwood spill is estimated to be well over a million gallons of highly saline and radioactive water. Environmental Director Edmund Baker has not been able to review any of the spill data. It is held by the Tribal Council.
“My officers had asked if they could get copies of the samples….my officers were denied,” Baker said. “I don’t have the data, I don’t have any solid numbers… I never received anything.
RELATED:North Dakota Briny Wastewater Spill Questions Still Unanswered a Month Later
Baker’s job is already difficult, seeing as there are 1,200 or so wells on the reservation and twice as many underway, not to mention a pretty substantial waste stream generated by the fracking industry. Those wastes are not just water, or airborne, but are also radioactive.
RELATED:More Briny Wastewater Spills into Fort Berthold Soil
Death by Lethal Injection
Let’s start with the problem of water. Fracking involves the use of immense amounts of water—hundreds of millions of gallons per well. One company (Southwest Energy Resources) told reporters that what’s involved in fracking is basic chemicals you could find in your house. That would be true, it seems, if you were running a meth lab. Water used by fracking companies is laced with more than 600 toxins and carcinogens. Those chemicals are considered trade secrets and are not subject to scrutiny. This has become a bit of a problem.
Much of that water is being pumped into deep underground caverns, by the trillions of gallons. In Colorado, there is one injection well that holds more than a trillion gallons. Injected. The data from North Dakota are hard to come by, though it is emerging. Colorado’s data, however, has been probed by a host of concerned citizens.
A report released in June by Abrahm Lustgarten of ProPublica found that “Over the past several decades, U.S. industries have injected more than 30 trillion gallons of toxic liquid deep into the earth, using broad expanses of the nation’s geology as an invisible dumping ground.”
During its investigation of the EPA’s oversight of the nation’s injection wells, ProPublica found that the agency was unable to provide basic information to its journalists, such as how many disposal wells fail and how often such failures occur. The investigative news organization also reported that the EPA “has not counted the number of cases of waste migration or contamination in more than 20 years,” and that “the agency often accepts reports from state injection regulators that are partly blank, contain conflicting figures or are missing data.”
Shane Davis directs a Colorado organization called Fractivist, and he traveled with us on our trip. Colorado is a few years down the road in fracking. That is, there are 54,000 wells presently in Colorado, and in Weld County, where Shane lived, there were 22,000 wells, some 75 of them within a mile radius from his house. Shane got sick from the wells. At least, he described a set of serious rashes, going blind for a week, serious gastrointestinal problems, and a year and a half of bloody noses. Then he got angry.
“I conducted an investigative study using un-redacted, official COGCC spill/release reports and found that 43 percent of all oil and gas related spills resulted in groundwater contamination with chemicals like benzene, toluene, xylene, ethyl-benzene and many more in Weld County, Colorado,” he said
Simply stated, once water has been used in fracking, it is no longer living water. It is dead, and it is lethal. A biologist by training, Davis got his findings confirmed by Colorado agencies in 2013.
“Colorado’s largest aquifer was also contaminated by thermogenic methane and toluene in 2009,” he explained to me. “The aquifer was never cleaned, the oil and gas operator was fined $46,200 and the public was never informed by the state about this atrocity. Citizens drank benzene contaminated water, people’s homes have abandoned oil and gas wells in their back yards and they do not know about them, homes have been built on top of abandoned wells which leaked gases that subsequently exploded and sent the occupants to the burn center. Billions and billions of gallons of toxic, endocrine disrupting chemicals have been discharged in Colorado’s rivers, lands and airways for years with no end in sight…”
An interesting question was asked by reporters Joel Dyer and Jefferson Dodge in the Boulder Weekly: “With more than 30 trillion gallons of toxic waste having been injected into the inner Earth, what happens if our belief that what goes down can’t come up is wrong?”
Next:Bakken Gas Flares Away, as Nationwide Propane Shortage Kills With Hypothermia
I came to New York to join 300, 000 people on the streets of Manhattan demanding climate justice. We came from White Earth, and our Anishinaabe Akiing, to repeat our messages: Love Water not Oil – no pipelines, tankers or fracking. Nothing should come to our Great Lakes, the heartland of North America, and the source of one-fifth of the world’s water. We know what it is that we are doing at home. We know that we are working hard to defeat the Enbridge Sandpiper proposal, and other proposals which would result in up to 4 million barrels of oil a day crossing our Anishinaabe Akiing, our northern Minnesota territory. We know that policy makers are here in New York City, and we know our allies are here. So we are as well.
My sons and I, along with other Anishinaabe people came to New York and walked with the 300, 000+ people that took to the streets yesterday. We joined with and listened to women from the Blackfeet reservation, Mandan, Hidatsa and Arikara Territory, and Mic Mac territory in New Brunswick, Canada, tell the stories of fracking – or of the battle against fracking. It is heartbreaking. It is heartbreaking to see our Mother Earth become filled with over 600 toxic chemicals, and explosions under ground for extreme oil. It is heartbreaking to see our peoples’ rights signed away to corporations, and it is heart breaking to see 300 armed RCMP officers in Canada surround a Native woman opposing fracking, holding only an eagle feather, and kneeling on the ground.
We heard Ella Maja Tailfeathers’ story from the Blood Reserve in Canada, where half of their reserve was signed away to fracking by a corrupt and unaccountable first nation government. We heard her story of an arrest, by tribal police, lateral oppression, gender oppression and destruction of land. We heard and joined with Kandi Mossett from the Mandan, Arikara and Hidatsa Nation in North Dakota, to talk about the destruction of land and people, and the sex trafficking and radioactivity coming to that territory. We heard, and we vowed to continue our struggle with these people, and these communities. Our pipeline opposition is joined now with the opposition to fracking.
Honor the Earth’s work on the proposed Enbridge Sandpiper line is directly related to the front lines of the fracking struggles, as the oil proposed to move in the line is from the fracking zones. We went to North Dakota and Mandan territory last month to stand with the Hunkpapa Lakota people to create a moratorium and ban on proposed fracking in their territory, and we came to Ft. Berthold to begin laying the ground work for environmental research and remediation, as well as to change the balance of power in that community. Recent tribal elections have begun that change at a political level, and we will work on the ground with the people.
We came to New York to feel the power of a citizen’s movement, and to see Indigenous people joining together, flanked by celebrities, at the front of a 300,000 people climate march – leading a voice for climate action and climate justice. We know that our voices must be heard, in a national forum, an international forum, and in our own territories. We are thankful for the courage of all of our people, and we are thankful that we are here, and will continue our work. Miigwech (thank you) for your support.Read more