Tag: easement

DAPL Easement Issued, Pipeline Work Will Soon Begin

Army Corps ignores EIS commitments, President Trump has heard no complaints about pipelines

By C.S. Hagen
CANNON BALL – The U.S. Army Corps of Engineers issued the final easement needed to complete the Dakota Access Pipeline Wednesday afternoon, sparking fierce criticism from tribal leaders and opened the doors to intensifying condemnation from Peace Garden State political leaders against the Standing Rock Sioux.

“On February 8, 2017, the U.S. Army Corps of Engineers granted an easement to Dakota Access, LLC allowing the installation of a thirty-inch diameter light crude oil pipeline under federal lands managed by the Corps at Oahe Reservoir,” Capt. Ryan Hignight reported in the Army Corps’ press release.

“The granting of this easement follows the February 7 Secretary of the Army decision to terminate the Notice of Intent to Perform an Environmental Impact Statement and notification to Congress of the Army’s intent to grant an easement to Dakota Access for the Lake Oahe crossing.”

Standing Rock Sioux Tribe Chairman Dave Archambault II was on a flight to Washington D.C. when he first heard President Trump’s remarks about hearing ‘no complaints’ from anyone regarding the continuation of the Dakota Access Pipeline, according to the Standing Rock Sioux Tribe Facebook page. He learned that the easement had been issued after he landed.

Archambault responded to Trump by cancelling the meeting saying, “Trump’s complete disregard for Native Nations and our treaty rights is disrespectful.”

Monthly, more than 12 million people are engaged in online discussions pertaining to the Dakota Access Pipeline, more than 590,000 petition signatures and environmental impact study statements have been submitted, and more than 15,000 calls have been made to the White House and the U.S. Army Corps of Engineers, according to a tribal press release.

“And Trump says nobody spoke up.”

The news didn’t come as a surprise to the Standing Rock Sioux or to the tribe’s supporters, as the Department of the Army issued an intent to issue the easement a day earlier. Legal actions are already underway.

“We sent a letter directly to Trump, have filed a legal challenge and we stand with more than 360 Native Nations and millions of Americans who have voiced their opposition to the project,” Archambault said. “The media has widely reported the President’s brazen conflict of interest to the pipeline. His complete disregard for Native Nations and our treaty rights is disrespectful.”

The U.S. Army Corps of Engineers advertised earlier this week that testimonies would be accepted pertaining to the environmental impact statement until February 20. Additional telephone calls and emails were placed to Hignight for comment, but the captain did not reply by press time.

“We have asked for a fair, balanced and lawful environmental impact statement directly to President Trump and through the courts,” Archambault said. “The Governor, North Dakota congressional delegation, and the entire world are keenly aware of the immense opposition to this project. We encourage our allies to exercise their First Amendment rights to remind President Trump where we stand on DAPL.

“Rise with Standing Rock.”

Unity within the activists gathered has come under question after the Standing Rock Sioux Tribal Council ordered campers away. Questions also have risen pertaining to how the tribe has been spending funds donated to the fight against the Dakota Access Pipeline. Some activists are determined to stay, but the long winter months have depleted the activist numbers on site to a few hundred, according to activist reports.

Former Secretary of the Interior Sally Jewell told The Washington Post that the Army Corps was “reneging” on its commitment to other federal agencies and tribal leaders.

“So the decision to not do any of that is reneging on a commitment they made [in December] and I think it’s fair to say that I’m profoundly disappointed with the Corps’ reversal of its decision to conduct an Environmental Impact Statement and consider alternative routes,” Jewell told The Washington Post. “This is a clear reversal of a commitment on the part of the U.S. Army Corps of Engineers on something they gave thoughtful consideration to when they decided to do an environmental review.”

The Army Corps further stated in its press release that it will “ensure the portion of the pipeline that crosses Lake Oahe complies with the conditions of the easement.”

Additionally, the Army Corps is also working with the Standing Rock Sioux Tribe and local law enforcement to restore the area to its pre-protest state and dealing with trash and untreated waste.

Structures at former Oceti Sakowin Camp – photo by Kirsta Anderson

“The safety of those located on Corps-managed land remains our top priority, in addition to preventing contaminants from entering the waterway,” U.S. Army Corps of Engineers, Omaha District Commander, Col. John Henderson said.

Since August 2016, Morton County Sheriff Kyle Kirchmeier has stated repeatedly that his department and other police departments who assisted during Standing Rock’s opposition to the Dakota Access Pipeline, were concerned only with the rule of law, and not whether the pipeline was built or not.

“Today’s decision from the U.S. Army Corps of Engineers is a step toward the closure necessary for pipeline construction,” Kirchmeier said. “If protestors continue to take unlawful actions in response to the Corps’ decision, law enforcement will be forced to continue to put themselves in harm’s way to enforce the rule of law. Our hope is that the new administration in Washington will now provide North Dakota law enforcement the necessary resources to bring closure to the protests. ”

A garbage pile at the former Oceti Sakowin – photo by Kirsta Anderson

Morton County Commissioner Cody Schulz fired a shot at former President Obama before condemning activists without proof for at least one crime that hasn’t been proven they committed.

“The last administration in Washington decided against granting an easement to DAPL even through the career experts at the U.S. Army Corps of Engineers recommended approval and a federal court denied a request to stop it. And they refused to give North Dakota law enforcement the much needed resources to deal with professional protestors who have assaulted police officers, bullied residents, killed livestock, and angered the Standing Rock Sioux Tribe for treating their land with disrespect.”

Schulz’s claim that activists slaughtered livestock refers to an incident late autumn when local bison and cattle were reported missing. State politicians, including Congressman Kevin Cramer, R-N.D. propagandized the incident, which was perpetuated by many, including the Chairman of the North Dakota Veterans Coordinating Council Russel Stabler

The case of missing livestock is still under investigation by the North Dakota Stockmen’s Association. No one has been charged with any crime related to missing livestock.

“Today’s decision from the Corps shows that this new administration will not politically meddle in a thorough review of a project that will have an enormous positive effect on the economy and public safety in our area,” Schulz said. “With professional protestors continuing to engage in criminal activities, we have new hope that we didn’t have before: an administration that will help law enforcement provide public safety for the citizens of Morton County instead of turning their backs on them.”

The conspiracy theory behind “paid protesters,” reported by Kirchmeier, Schulz, and other state politicians, stems from a news story published by the Fargo Forum and by Valley News Live on November 16, 2016. The story pertained to an anonymous Craigslist advertisement that offered to pay people cash to help shut down Fargo’s West Acres Mall. No actual protest was reported to have occurred. The Morton County Sheriff’s Department cited the Craigslist advertisement as a “vetted source.”

Since August 2016, the state has spent more than $25 million protecting the $3.8 billion Dakota Access, LLC’s interests in the 1,172-mile long pipeline, and Morton County has solicited assistance from nearly 1,300 officers from 25 North Dakota counties, 20 cities, and nine states. Nearly 700 arrests have been made.

As of January 25, 2017, more than 300 GoFundMe accounts raised a total of $8,061,614 for activists and the camps defending Standing Rock, according to Morton County officials. A total of 360 Native Nations from around the world have come together at Standing Rock since August 2016, a feat history has never seen before.

“Once again the federal government is putting oil industry profits ahead of the rights of Native American communities, clean water and combatting climate change,” Senator Bernie Sanders said on his Facebook page. “We must stop this pipeline, uphold our commitment to Native Americans and protect our planet for future generations.”

“An Act of War”

Department of the Army to issue final DAPL easement by Wednesday afternoon 

By C.S. Hagen 
CANNON BALL – A digital wail resounded across the Internet Tuesday afternoon after the Department of the Army announced it would be authorizing the final easement needed for the Dakota Access Pipeline to cross the Missouri River at Lake Oahe. 

Claiming rights under the Mineral Leasing Act of 1920, the Army issued an intent to grant an easement on 7.37 acres of land to Dakota Access LLC for 30 years, the letter stated. 

The Standing Rock Sioux Tribe is not mentioned once in the letter from the Department of the Army, nor in a January 24 letter written by President Trump to the Secretary of the Army. 

The issuance of the easement was influenced by the letter of expedition from the White House concerning the Dakota Access Pipeline, saying that completion of the pipeline served national interest.

“The Dakota Access Pipeline (DAPL) under development by Dakota Access, LLC, represents a substantial, multi-billion-dollar private investment in our Nation’s energy infrastructure,” Trump wrote. 

Deputy Assistant Secretary of the Army Paul Cramer referred to Trump’s letter, waiving its policy to wait 14 days after Congressional notification to grant the easement. 

U.S. Army Corps of Engineers map of pipeline crossing Missouri River

The easement is expected to be officially granted within 24 hours. Energy Transfer Partners is allowed to begin horizontal drilling across the Missouri River at Lake Oahe, approximately one mile from the Standing Rock Sioux Reservation, as soon as the easement is granted. 

Despite the U.S. Army Corps of Engineers January 18 filing with the Federal Register that its department would conduct an environmental impact study on the Dakota Access Pipeline’s route and easement to cross Lake Oahe, no mention was made about either the continuing testimonial session, which was announced to end February 20, or if the study would continue. 

Energy Transfer Partners, a parent company of the Dakota Access Pipeline, reported its stock surged 0.8 percent after receiving news of the impending approval, according to Bloomberg.

The announcement sent shock waves through Standing Rock Sioux Tribe. 

“Today, the U.S. Army Corps of Engineers, Headquarters has announced their decision to complete the Dakota Access Pipeline,” the Standing Rock Sioux Tribe said on their Facebook page. “We will admit that we are disappointed, but we are not defeated. We will take this to the highest court. The battle is not over and we will not be silenced.” 

The tribe plans to challenge the easement decision on the grounds that the environmental impact study was wrongfully terminated. It has asked Dakota Access LLC to disclose its oil spill and risk assessment records, and if construction continues the tribe will seek to shut down pipeline operations. 

On March 10, Standing Rock also plans to hold a Native Nations March on Washington D.C.

“As native peoples, we have been knocked down again,” Standing Rock Sioux Tribe Chairman Dave Archambault II said. “But we will get back up, we will rise above the greed and corruption that has plagued our peoples since first contact. We call on the Native Nations of the United States to stand together, unite and fight back. Under this administration, all of our rights, everything that makes us who we are is at risk.”  

“December 4 was no victory at all,” attorney and long time activist Chase Iron Eyes said. Iron Eyes ran for congress in North Dakota in 2016, and since November has been spending much of his time at the camps outside of Cannon Ball. 

“Trump’s Army corps approved the death of our river,” Iron Eyes said. “We didn’t win. They told us to go home because ‘we won,’ ‘our prayers were answered.’ My daughter cried tears of joy in a false, hollow, meaningless ‘victory.’ Where is your heart at? 

“Mine is going to be on the frontline on behalf of my children.” 

Sacred Stone Camp announced a Last Stand against the Dakota Access Pipeline set to begin Wednesday. 

Facebook posts expressed sorrow at the news. 

“Where are you Standing Rock?” a person by the name of Che Jim posted from Indianapolis. “Where are you Tribal Council? Where are you chairman? We were just sentenced of failure.” 

“We only have a 24-hour window that we’re going to proceed with more legal action, and people are coming back from all over,” Phyllis Young, a former councilwoman for the Standing Rock Sioux Tribe and Central Oceti Sakowin camp organizer, said in an interview made public by Digital Smoke Signals. “We are all in challenging spirit, more challenging than ever. But we are who we are, and we will do whatever we have to do to protect our homeland and our water.

“We knew this was coming. We knew the giant America is when they want their pipeline. We have experience when they built their dams, they came rushing in – the waters – and it was January. Now for them to take our water is an act of genocide, an act of war.” 

North Dakota politicians expressed support for the Army Corps’ decision. 

“As we’ve said before, the issue of the Dakota Access Pipeline has been at a standstill for far too long, causing uncertainty and confusion in our communities, and exacerbating tensions surrounding the pipeline’s construction,” House Democratic-NPL Leader Corey Mock said in a press release.

 “With today’s news that the Army Corps will approve the easement for the pipeline’s completion, North Dakotans finally have a measure of certainty that this process will move forward. In the immediate future, for the safety of everyone involved, all parties must heed the calls of the Standing Rock Sioux and our governor for the remaining protesters to leave the camp north of Cannonball River before flood season sets in.”

“As this issue moves toward a final resolution, we must remain committed to repairing and rebuilding relationships within our communities and with our tribal neighbors,” said Senate Dem-NPL Leader Joan Heckaman said in a press release. 

“Rebuilding trust was a priority that Governor Burgum emphasized in his State of the State address, and we continue to believe this is absolutely necessary, especially as steps are taken to complete construction of the pipeline and as flood season approaches, potentially endangering those who remain at the camps. Our highest priority must continue to be the safety of everyone involved – protesters, law enforcement, construction workers and members of the surrounding communities.”      

Is The Pen is Mightier Than The Law?

Trump’s Administration orders Army Corps to issue long-embattled final easement for Dakota Access Pipeline, Veterans Stand may return to Standing Rock

By C.S. Hagen
CANNON BALL
–  Nearly two months after the Standing Rock’s victory against big oil, Trump’s Administration is trying to take it away. 

Senator John Hoeven, R-N.D. reported the Army Corps has been ordered to proceed with the easement needed under the Missouri River at Lake Oahe. 

“Today, the Acting Secretary of the Army Robert Speer informed us that he has directed the Army Corps of Engineers to proceed with the easement needed to complete the Dakota Access Pipeline,” Hoeven said. “This will enable the company to complete the project, which can and will be built with the necessary safety features to protect the Standing Rock Sioux Tribe and others downstream.”

No mentions were made by Hoeven of negotiations, or of a reroute, or of the current environmental impact study issued by the U.S. Army Corps of Engineers. Earlier in January, President Trump also signed executive orders reviving the Keystone Pipeline and the Dakota Access Pipeline, and to expedite studies pertaining to environmental impact. 

The decision to issue the go-ahead clashes with the environmental impact study, which could take months or years to complete. A comment period is currently underway and will continue until February 20, Standing Rock Sioux Tribe Chairman Dave Archambault II said. 

Thousands, and then hundreds of activists remained at Oceti Oyate, or All Nations Camp, outside of Cannon Ball during the freezing winter months in opposition to the pipeline. Due to cleanup efforts and impending spring floods, the main camp is emptying. 

Coals from the Oceti Oyate were carried to western high ground Wednesday morning, attorney and long-term activist Chase Iron Eyes reported. 

“This is the start of what’s called Last Child’s Camp,” Iron Eyes said. “That name was chosen to honor Crazy Horse and the only warrior society he was known to create. For many reasons, one of those reasons being the last children that are born usually have it harder and have to struggle more.

“Our conscience won’t let us back down. DAPL seeks to bring death to our children. The easement to drill under the river is set to be granted. Ready our hearts.” 

Iron Eyes called upon anyone interested and strong enough to endure the remaining cold months to join them.

Activists surround new fire at the Last Child’s Camp – video still provided by Chase Iron Eyes

Archambault has written to President Trump at least twice asking for a face-to-face meeting between leaders. All requests have not been answered, Archambault said. 

“This change in course is arbitrary and without justification,” Archambault wrote in a letter to President Trump. “The law requires that changes in agency positions be backed by new circumstances or new evidence, not simply by the President’s whim. It makes it even more difficult when one considers the close personal ties you and your associates have had with Energy Transfer Partners and Sunoco.”

President Trump and Hoeven, along with other North Dakota politicians, stand to gain financially if the pipeline is completed. 

“Trump’s most recent federal disclosure forms, filed in May, show he owned between $15,000 and $50,000 in stock in Texas-based Energy Transfer Partners,” according to Bloomberg. “That’s down from between $500,000 and $1 million a year earlier.”

Trump also owns up to $250,000 in Phillips 66, which has a one-quarter share of Dakota Access Pipeline. Owner and CEO of Energy Transfer Partners, the parent company of Dakota Access Pipeline, Kelcy Warren, contributed $3,000 to Trump’s campaign plus $100,000 to a committee supporting Trump’s candidacy, and $66,800 to the Republican National Committee. 

In 2016, Hoeven’s largest campaign contributor was the oil and gas sector with a total of $327,963, including Continental Resources, Inc. and its CEO, Harold Hamm, who collectively donated $8,200. The Hess Corp contributed a total of $20,800 to Hoeven’s 2016 campaign. ExxonMobil contributed $10,000, and Whiting Petroleum Corporation contributed $2,750. Energy Transfer Partners donated $5,000 to Hoeven’s 2016 campaign. Hoeven has invested in 68 different oil-producing wells in North Dakota listed under the 2012-company Mainstream Investors, LLC, according to the United States Senate financial disclosure form.

In a move many deem contradictory because of apparent disregard to Standing Rock’s repeated petitions, Hoeven, a long-time supporter of pipelines, was also elected chairman of the Senate Committee on Indian Affairs on January 5, according to a Senate Committee on Indian Affairs press release.

Hoeven said he was honored to serve on the committee, but added two of his top priorities were to address job creation and natural resource management issues on native lands. He has also called upon federal assistance, including the Bureau of Indian Affairs, to clear the camps outside of Cannon Ball. 

“We are also working with the Corps, the Department of Justice, the Department of Interior and the Department of Homeland Security to secure additional federal law enforcement resources to support state and local law enforcement,” Hoeven said. “On Sunday, 20 additional Bureau of Indian Affairs law enforcement officers arrived at Standing Rock to assist local authorities. Also, the Standing Rock Sioux Tribal Council has asked the protesters to leave the campsite on Corps land.

“This has been a difficult issue for all involved, particularly those who live and work in the area of the protest site, and we need to bring it to a peaceful resolution.”

Congressman Kevin Cramer, R-N.D., a long-time advocate of the 1,172-mile long Dakota Access Pipeline, said in press releases he couldn’t be happier with the way the government under President Trump is heading. 

“The meddling by the Obama Administration in trying to block this legally permitted project has encouraged civil disobedience, threatened the safety of local residents, and placed an onerous financial burden on local law enforcement – with no offer of federal reimbursement for these increasing costs,” Cramer said. “Legally permitted infrastructure projects must be allowed to proceed without threat of improper governmental interference. Finally we have a President who will stand by our efforts in Congress to bring common sense to an immigration policy in dire need of reform.” 

The Indigenous Environmental Network condemned the order given to the Army Corps. 

“We are falling into a dangerous place where the United States government makes up its own rules,” the network stated in a press release. The Indigenous Environmental Network is a nonprofit organization and supporter of Standing Rock and other environmental and indigenous issues.

“We are disgusted but not surprised by the Secretary of the Army’s decision to recommend the easement on the Dakota Access Pipeline. Instead of following proper legal procedure and completing the Environmental Impact Study, the Army has chosen to escalate an already tense situation, go against their own processes, and potentially put peoples in harm’s way.

“Trump and his climate denying cabinet are clearly doing what is best for their businesses and are willing to put profit before human rights and the environment. But make no mistake: we are prepared to mobilize and resist this brazen power grab.”

A group identified as Veterans Stand said it will continue to support Standing Rock and the fight against the Dakota Access Pipeline.

“In response to recent aggressions and the passing of legislation which clears the way for the completion of the Dakota Access Pipeline, Veterans Stand is announcing that we will continue operations in support of the people of Standing Rock, the Water Protectors who have held the front lines, and the sustainability of our precious environment.

“In the spirit of service, and in the name of a free and evolutionary sustainable America, Veterans Stand is committed to ensuring that no human or civil rights violations go unchecked, that the voices of the people are truly heard, and that we leave behind a stable and unpolluted environment for future generations.”

A VICTORY! At Standing Rock

Standing Rock takes a win, prepares for DAPL response

By C.S. Hagen 
OCETI SAKOWIN – Rexx Brady rose Sunday morning knowing it was going to be a good day for the fighters against the Dakota Access Pipeline.

“It was a spiritual feeling,” Brady, a Cheyenne from Washington State, said. “Calm. I knew something good was going to happen today.”

His first clue was sunshine. After a week of storms and snow, the clouds parted, warming the prairies. Tension lifted, he said. A caravan of cars filled with Veterans for Standing Rock supporters stretched a mile south on Highway 1806. Police barricades disappeared en route to the camps, and Morton County Sheriff’s Department backed away from the militarized zone north of Backwater Bridge.

Activists offering thanks of sage, fir nettles, and tobacco to the sacred fire - photo by C.S. Hagen

Activists offering thanks of sage, fir nettles, and tobacco to the sacred fire – photo by C.S. Hagen

“This is what hope looks like, regardless of the color of your skin,” Brady said. “All these prayers are being answered. This is a big turning point for America.”

News on Sunday that the U.S. Army Corps of Engineers denied Energy Transfer Partners, the parent company of Dakota Access Pipeline, the easement needed to drill across the Missouri River at Lake Oahe, took many by surprise. The Army Corps further stated a full environmental impact statement must be made and a new route must be explored.

DAPL is leaving - photo by C.S. Hagen

DAPL is leaving – photo by C.S. Hagen

“Although we have had continuing discussion and exchanges of new information with the Standing Rock Sioux and Dakota Access, it’s clear that there’s more work to do,” Army Assistant Secretary for Civil Works Jo-Ellen Darcy said. The pipeline stretches 1,172 miles to Illinois and is projected to transport as much as 570,000 of crude oil per day, according to the Army Corps. Most, if not all of the oil transported eventually to Texas is for export and not for national consumption, activists and analysts say.

Activists hug each other during celebration of Standing Rock victory - photo by C.S. Hagen

Activists hug each other during celebration of Standing Rock victory – photo by C.S. Hagen

“It’s good news, this is a victory,” attorney Chase Iron Eyes said. He ran for congress in North Dakota this year, and has become active in the DAPL fight since his loss in November. “We were not ready for this, everything here has been so tense, so this comes as a sigh of relief.”

“We wholeheartedly support the decision of the administration and commend with the utmost gratitude the courage it took on the part of President Obama, the Army Corps, the Department of Justice, and the Department of the Interior to take steps to correct the course of history and to do the right thing,” Standing Rock Sioux Tribal Chairman Dave Archambault II said.

Archambault further said more peaceful prayer is needed, but hinted that it may be time to return home. Activists on the loud speakers also began talking about how the area of Oceti Sakowin, which is in a floodplain, needed to be cleaned of all debris, tents, tipis, and equipment soon.

“With this decision we look forward to being able to return home and spend the winter with our families and loved ones, many of whom sacrificed as well,” Archambault said. “We look forward to celebrating in wopila, in thanks, in the coming days.”

As hundreds of veterans with Veterans for Standing Rock slowly caravanned into the camps, Kenny Frost, who works with federal agencies on indigenous training said the day was historically important.

“It would never have happened if the veterans didn’t come here,” Frost said. “First time in history, with 350 tribes together, this is the first time on all our lives for something like this to happen. But more than 500 people have faced a lot of trauma, and right now we just need to move forward and on to a federal level.”

Veterans for Standing Rock before sacred fire - photo by C.S. Hagen

Veterans for Standing Rock before sacred fire – photo by C.S. Hagen

“We’ll take this as a win,” Tom Goldtooth said. Goldooth is the director of the Indigenous Environmental Network. “But we are going to wait and see what DAPL does.”

The decision by the Army Corps, while welcome to activists was President Obama’s attempt to secure his legacy before he steps down from office, Goldtooth said. The real fight has only just begun.

Few people are preparing to leave the camps off Highway 1806. After a brief celebration of fireworks, dancing, and singing around the sacred fire, activists resumed their work on sturdier housing. The Cannonball River is quickly freezing, and more snow and lower temperatures are predicted for the week.

John Bolenbaugh, a former oil company employee turned whistleblower after witnessing firsthand oil companies’ tactics behind constructing pipelines and cleaning oil spills, spoke to thousands gathered in an ever-widening circle.

“I’ve wanted to piss them off so much that they killed me, I wanted to be a martyr to start a movement that would bring something like Standing Rock to this world,” Bolenbaugh said. “For some reason God wanted me to stick around. I’ve had many attempts on my life, I’ve had death threats. I’ve been hit over the head. Bullets have been taken out of my wheels from my vehicles, tires have been slashed, brakes cut.

“For some reason, I’m still here. Maybe God wanted me to see this amazing time in history. This is a revolution.”

Bolenbaugh knows the fight isn’t over.

“I don’t believe them when they say they’re going to stop drilling,” Bolenbaugh said. “The National Guard should go and arrest them now.”

Night traffic inside Oceti Sakowin - photo by C.S. Hagen

Night traffic inside Oceti Sakowin – photo by C.S. Hagen

As the area’s second winter storm in as many weeks hit the camps on Monday, an announcement made by the Lakota People’s Law Project reported DAPL is currently digging under the river. “They are not going to listen to the Army Corps denying the easement. They don’t care about that. They’re still going to go ahead. All the people think this fight is over, but it is not over.

“To get the acknowledgement is noteworthy, however; the fight lingers on.”

Iron eyes and others reiterated the fight is only beginning, and now, more than ever, the camps must not be emptied.

“They are hard to beat,” Iron Eyes said. “This is not the end. The Army Corps denial of the easement means nothing until all law enforcement is gone, until DAPL is gone. Let us strengthen our presence.”

Iron Eyes is further calling for renewed talks with the federal government over treaty rights. “The US has been less than honorable when it comes to the treaties.”

Governor Jack Dalrymple stated last week that all work along the Dakota Access Pipeline has stopped, pending US Army Corps of Engineers’ issuance of an easement. Morton County Sheriff Kyle Kirchmeier said Army Corps decision has little to do with his office.

“I have stated from the beginning that the easement is a federal decision and local law enforcement does not have an opinion on it,” Kirchmeier said. “Our role is to enforce the law and that is what we will continue to do.”

Children sledding down Media Hill - photo by C.S. Hagen

Children sledding down Media Hill – photo by C.S. Hagen

North Dakota Highway Patrol Lt. Tom Iverson said if DAPL begins drilling illegally, he ensures their work will be shut down.

“We are not in DAPL’s corner,” Iverson said. “We absolutely would not allow something unlawful to continue. If that can provide a peace of mind to protesters out there, I am on record right now saying that will not be happening, so without the proper permits and easements, we would not allow that to happen.”

Congressman Kevin Cramer R-ND., called the Obama administration lawless. “Today’s unfortunate decision sends a very chilling response to others who want to build infrastructure in this country. I feel badly for the Corps of Engineers because of the diligent work it did on this project, only to have their Commander-in-Chief throw them under the bus.”

Carvan to Standing Rock, from early morning until late night, the thousands of vehicles streetched for more than a mile - photo by C.S. Hagen

Carvan to Standing Rock, from early morning until late night, the thousands of vehicles streetched for more than a mile – photo by C.S. Hagen

Morton County Chairman Cody Schulz reiterated that the federal government should send financial resources and the necessary troops to deal with the situation outside of Standing Rock, and is placing his hopes in the President-elect Donald J. Trump.

“It appears the federal government let the citizens of Morton County, law enforcement, and protesters suffer for months while making a political decision that is likely to be overturned when the new administration takes office next month,” Schulz said.

“We still don’t have finality.”

Tribal leaders hope the new administration will respect the Army Corps stance, Archambault said. “When it comes to infrastructure development in Indian Country and with respect to treaty lands, we must strive to work together to reach decisions that reflect the multifaceted consideration of the tribes.”

Activists rejoicing at Army Corps news denying DAPL easement - photo by C.S. Hagen.JPG

Activists rejoicing at Army Corps news denying DAPL easement – photo by C.S. Hagen

Stripped, But Still Standing Strong

Dozens of Standing Rock activists undergo debasing treatment; “fake journalists” stir up trouble, and North Dakota politicians pressure Army Corps to speed the pipeline

By C.S. Hagen
CANNONBALL – An ancient, bloodless war fuels the Dakota Access Pipeline controversy. It’s a war of words and aged rhetoric; a war of cultures beckoning back the “good old days” of Manifest Destiny and settlers versus the Indians.

Fear the scalp-taking Indian, North Dakota government appears to be saying; save the peaceful colonial homesteader. Little is ever mentioned by official sources about the Native Americans’ side of the story. Their version is simply not as important when compared to finishing the USD 3.8 billion, 1,172-mile Dakota Access Pipeline.

In 150 years, little has changed, according to activists, on how federal and state governments treat Native Americans. Newspapers spread fear, espoused by the law, handed down by politicians who are financially invested into the Bakken oil fields, whose campaigns this election year do those same companies fund, Chase Iron Eyes, the Democrat Party challenger for state congress, said.

The U.S. Cavalry never went away, they merely changed uniforms. More than 900 law enforcement officials from 17 counties, 12 cities, and from four states using public funds have been involved in protecting Energy Transfer Partner’s private project.

“We’re choking on hate and nobody seems to care,” camp attorney Angela Bibens said.

Law enforcement verses activists on Dakota Plains Oct. 22 - photo provided by Morton County Sheriff's Department

Law enforcement versus activists on Dakota Plains Oct. 22 – photo provided by Morton County Sheriff’s Department

The battle for water and land led by the Standing Rock Sioux against DAPL is far from over, and media on both sides of the controversy have woven stories from legends, half-truths, and hearsay. Tempers flare as DAPL nears the Missouri River, and militarized law enforcement show no pity.

In the beginning there were pipe bombs, which turned out to be ceremonial peace pipes. And then law enforcement reported activists carrying guns, yet no one was arrested. DAPL security personnel from Ohio’s Frost Kennels sprayed mace and urged attack dogs into crowds, resulting in at least half a dozen bites, and yet law enforcement insists activists were the danger. Recently, 30 head of cattle were reported missing, and then three days later mysteriously resurrected by a Sioux County rancher. Two other cows have been found shot in Sioux County, one by bullets, one by arrows, and law enforcement and media are trying to link the crime to activists in the area.

saturday-october-23-direct-action-photo-by-rob-wilson-photography

Law enforcement making arrests Saturday, Oct. 22 – photo by Rob Wilson Photography

Morton County Sheriff Kyle Kirchmeier repeatedly emphasizes the activists near Standing Rock Sioux Tribe Reservation are dangerous. Activists’ criminal records are being made public, yet no effort has been made to check pipeline workers’ past brushes with the law, which should be swamped with outstanding warrants if the state lives up to its man camp reputation.

Arrested on the plains near DAPL - photo provided by Morton County Sheriff's Department

Arrested on the plains near DAPL – photo provided by Morton County Sheriff’s Department

Since Saturday morning, 126 more activists were arrested on riot charges along the DAPL pipeline, Morton County Sheriff’s Department reported. Two officers were injured, one by his own pepper spray. In total, 269 people have been charged with misdemeanors and felonies since early August.

“Today’s situation clearly illustrates what we have been saying for weeks,” Kirchmeier said. “That this protest is not peaceful or lawful. This is not about the pipeline. This is not about the protesters. This is about the rule of law.”

From the controversy’s start, Morton County Correctional Facility officers have been strip searching – nearly every activist arrested, no matter the charge. Simple misdemeanors to felonies, all are being treated the same.

“It’s a tactic of trying to break you down, and degrade you, make you feel shamed,” Cody Hall said. Hall is the media spokesman for the Red Warrior Camp, and was arrested in early September, held for three days without bail or bond.

saturday-october-23-direct-action-photo-by-rob-wilson-photography

Miqamwes M’teoulin being treated after police sprayed him twice in the face on October 22 – photo by Rob Wilson Photography

“They have you get naked,” Hall said. “And then he grabbed my genitals and lifted them up, then he said squat, and then he said cough. And then he was looking, when I bent down, he kind of bent down.”

A scare tactic, Hall said. Morton County Correctional Facility reported the strip searches are procedure and in the interest of security.

“The duty correctional officer(s) will conduct a complete visual assessment of prisoners being admitted to insure that the prisoner(s) does not have inadmissible/illegal items on his/her possession before entering a security cell/area of the correctional center,” Morton County Correctional Facility’s guidebook states.

The guidebook continues by stating “admissions procedures will be carried out by correctional staff in a manner which promotes mutual respect rather than one which degrades the prisoner(s) admitted.”

“That’s all I saw it as,” Hall said. “It’s a tactic they were trying to deploy on me, in a way of taking my dignity. You’ll crumble if you don’t have that… dignity.”

Furthermore, an inmate cannot be detained in the holding cell for longer than one hour, although the duty senior correctional officer can make exceptions. Inmates in the holding cell are also allowed to use cell phones, and are closely monitored by duty officers, according to the correctional facility’s guidelines.

Myron Dewey, a filmmaker, was charged with a class-A misdemeanor. Like Hall, he was stripped down, and because he has a ponytail, officers rifled through his hair. He was then put into a visitor’s holding area for three hours, he said. “It was a really small room, barely enough room for one person.”

“Leaving me in that visitor’s area didn’t seem right, they should have put me in the holding cell,” Dewey said. When he went to the courtroom, one of the officers involved in his arrest waited for him in the hallway. “The officer who stole my drone was standing in the hallway,” Dewey said. “And he was trying to look at me like he was some, I don’t know, it was the eye contact. I thought that was kind of odd. He was there to let me see him for a reason.”

Dewey’s drone was “arrested” under civil forfeiture laws after an unnamed DAPL worker filed an intimidation report. When Dewey attempted to clarify questions and gather facts, law enforcement officials refused to listen and forced him from the Morton County Sheriff Department premises.

After being strip-searched, they’re all given the orange jumpsuit.

Activists on the plains marching Oct. 22 - photo by Rob Wilson Photography

Activists on the plains marching Oct. 22 – photo by Rob Wilson Photography

Others who have claimed they too were strip searched include: Standing Rock Sioux Chairman Dave Archambault II, a chief of a sovereign state, Dr. Sara Jumping Eagle, a pediatrician, Divergent actress Shailene Woodley, and Dale “Happi” Americanhorse Jr., the first activist to chain his arms to machinery with a sleeping tar dragon.

Bruce Ellison, a long-term criminal defense lawyer and legal team coordinator of the Lawyer’s Guild Mass Defense Committee, said the practice is nonsensical. Ellison and his team are also not allowed direct access to clients and must discuss the dozens of cases through glass windows and telephone conversations, which are being recorded, Bibens said.

“We have a lot of questions about that,” Ellison said. “When there are strip searches for lowest grade misdemeanors on the books in North Dakota – that certainly raises questions. We had one woman who was left naked in her cell overnight for the viewing of male guards.

“This seems unusual.”

Ladonna McLaughlin claims to have been left overnight naked in a cell, according to Bibens. Her family is preparing to sue Morton County.

“Where do we live?” Ladonna Allard, McLaughlin’s mother, said. “Is this the United States? This is a police state.” She was not ready to speak about the upcoming lawsuit, not until it is filed, she said.

“We are preparing litigation to address the violations that have occurred within the Morton County Jail,” Bibens said. She is a Santee-Dakota by birth, is the ground coordinator of the Red Owl Legal Collective, and also works as the camp’s attorney.

Most of the reported 126 people arrested Saturday have been spread to jails across the Peace Garden State, Bibens said. Costs of keeping a prisoner overnight is USD 100 for the Morton County Jail, times that by 269, then multiplied by how many nights, the costs add up.

“Hardly anyone is out,” Bibens said. “Parents are calling me from everywhere because they’re not allowing their 19-year-olds to bail out.” Officials around the Peace Garden State are now requiring cash only for bonds, are instituting special rules, and most activists arrested won’t get an opportunity for release until judges arrive at work Monday morning. “There’s an equal protection due process issue, if you’re related to the camps, then you get treated this way,” Bibens said.

“They’re not in any hurry to process any of our water protectors.”

Additionally, the Red Warrior Camp, the activists’ most secure group, reported law enforcement shot down two drones with shotguns on Saturday. Morton County Sheriff’s Department reported “less-than-lethal ammunition” was used on a drone on Sunday charging a helicopter with a sheriff on board.

The helicopter pilot and passengers were “in fear of their lives” when the “drone came after us,” according to Morton County Sheriff’s Department press release. Two arrows were also fired at the helicopter, according to Kirchmeier.

On Sunday, Dewey reported nearly 700 Native Americans and activists enacted “their sovereign rights” proclaiming eminent domain along Dakota Access Pipeline route, effectively blockading Highway 1806 with hay bales, rocks, and tree stumps, on lands that once belonged to the Sioux under 18th century treaties.  Tipis and tents were erected. A sacred fire was lit. The land, according to Dewey, has been desecrated, and they are returning it back to the natural and spiritual balance.

Barricade across Highway 1806 built by activists on Sunday, Oct. 23 - photo provided by Morton County Sheriff's Department

Barricade across Highway 1806 built by activists on Sunday, Oct. 23 – photo provided by Morton County Sheriff’s Department

“All tribes across the country witnessed this historical day, October 23,” Dewey said. “This is a very special moment in Indian law as well, inherent rights have just been exercised. Our inherent rights to clean food, clean drinking water, medicine, clean air, all of those rights have just been practiced.”

The move is called the “Last Stand” by activists before DAPL reaches the Missouri River.

In response, Morton County Sheriff’s Department blocked off Highway 1806 “due to a large group of protesters blocking the north and south bound lanes.” The barricade was dismantled later Sunday afternoon after law enforcement asked activists to take it down. 

“Individuals trespassing on private property can’t claim eminent domain to justify their actions,” Kirchmeier said.

 

“Thirty Minutes of Terror”

Phelim McAleer, who identified himself as an Irish journalist to Morton County emergency personnel, is the director of the film FrackNation, a movie some say is part of the big oil campaign to debunk the harmful affects of fracking. McAleer traveled to the Standing Rock area last week to “get the truth about the story on both sides,” he said.

The first day he and two others received permission from Seven Council Fires Camp, or Big Camp personnel to conduct interviews, McAleer said. He waited until the second day to pull out the big questions.

mcaleer

Phelim McAleer and camp security scuffling over microphone – photo provided by Morton County Sheriff’s Department

“I asked them if they were being hypocritical,” McAleer said. “Because they were using automobiles to arrive at camp. And then a gentleman grabbed my microphone and dragged me across the field.”

His self-described “thirty minutes of terror” began.

Video of the incident taken primarily from inside a vehicle shows no violence, and yet McAleer insists that his life and property were threatened.

“I was scared, I really was,” McAleer said. He said he has reported news in Northern Ireland during the Troubles, and also in Eastern Europe when communism fell. “I’ve been around the block, a journalist for 30 years. It was very scary. There was a sense of lawlessness and anger that led to the unpredictability, feeding off their own energy, getting angrier and angrier. Blowing the horn seemed to excite them, it was escalating and that was the problem. There was no calming voice.

“I could see this getting ridiculously out of control.”

Their vehicle was surrounded. The driver, Magdalena Segieda, another producer of FrackNation, was afraid to put the car in park because the doors would unlock, according to Morton County Sheriff’s Department. Segieda called 911, and law enforcement arrived. McAleer, Segieda, and one other were eventually allowed to leave.

“They’re attacking us for asking questions,” McAleer said in the video.

“This is scary,” Segieda said in the video. “We want to leave.”

“It was a threatening and terrifying situation for the three journalists that were down there,” Kirchmeier said during a press conference. The video was taken from a low vantage point, and shows little outside activity.

McAleer retreated to Ireland after the incident, and isn’t pressing charges. He said Morton County Sheriff’s Department will investigate, and the department has already posted pictures of people involved in the incident on their Facebook page, asking for help identifying those involved. McAleer believes the video footage will speak for itself. “All I want to get is the truth of what’s happening, and I found that truth and it’s an ugly truth,” he said.

Camp authorities report that McAleer was read the rules of the area “one by one,” when he checked in. He was caught documenting children without permission from a parent or guardian, documenting the sacred fire that was off limits, and asking offensive questions of community members. When confronted, McAleer said he did not have a press pass, and that he did not need one, and when he pulled away in his vehicle he hit an unnamed activist.

In YouTube videos, McAleer described water contamination victims due to fracking practices are like bank robbers. “Why do you rob banks? Because, that’s where the money is. Why do you sue oil and gas companies? Because, that’s where the money is.”

McAleer, who has been called a “fake journalist” on big oil’s payroll, denied being supported by big oil companies. He is also known as a “professional character assassin,” and has been documented harassing movie stars and homeowners affected by Cabot Oil & Gas drilling in Pennsylvania. In a question and answer session after a showing of FrackNation in Pennsylvania, McAleer reported that the people with poisoned water, toxic enough to light on fire coming out of their taps, were lying.

“You can call it this, you can call it that, and maybe the truth is somewhere in between,” McAleer said. “And I know to use the word liar is a very strong statement, but they are liars. These are not stupid people, although they do a good job at looking like it. But they lied…

“Sorry. Where is the scientific evidence of your water being contaminated? If you don’t have any, how do you know you have any, you don’t know, you’re lying. You’re making it up, you’re scaring people.”

Closer to home, an April 27, 2016 study released by Duke University, funded by the National Science Foundation, and the Natural Resources Defense Council, and published in the Environmental Science & Technology magazine shows that accidental wastewater spills from “unconventional oil production in North Dakota have caused widespread water and soil contamination.” More than 9,700 wells have been drilled in the Bakken region of North Dakota in the past decade, which led to more than 3,900 brine spills, primarily from faulty pipes, the report states.

The water studied in some spill sites was unsafe to drink, the study reported.

 

Political Pressure to Finish the Race

Senator John Hoeven R-N.D., met with the US Army Corps of Engineers last week to pressure the Corps to allow the final easement, a three-mile stretch of land leading up to the Missouri River, which would give DAPL the access it needs to send the pipeline under Lake Oahe.

“That means getting the Corps to approve the easement so construction can be complete and life can return to normal for our farmer and ranchers in the region, and for our law enforcement who are working very hard to protect lives and property,” Hoeven said in a press release. “We need to have this situation resolved.”

Last week, the U.S. Corps of Engineers, representatives from the Standing Rock Sioux Tribe, state archeologists, and DAPL environmental team members coordinated a walk-through of a portion of the pipeline project, according to Morton County Sheriff’s Department.

The walk through along the pipeline - photo provided by Morton County Sheriff's Department

The walk through along the pipeline – photo provided by Morton County Sheriff’s Department

“Morton County has been making an effort to bring representatives from the tribe, DAPL, and the state historical society for weeks,” Kirchmeier said. “This is very positive to see that all interested parties could together look at the sites in which they have had differing opinions of the historical significance. While there still may be differences, the conversation was positive and allowed all parties to better understand each other.”

Congressman Kevin Cramer R-N.D., participated. “I believe those of us on all sides of the Dakota Access Pipeline issue benefitted from walking together and sharing our expertise, experiences, and expectations,” Cramer said. “I hope this can help us establish a better understanding going forward. And, I am certain that after today the Corps of Engineers will feel confident it has the adequate affirmation to issue the final easement to complete the pipeline construction across the Missouri River at Lake Oahe.”

While Standing Rock Sioux leaders contemplate whether to move the winter camp to their own lands, one aspect of their fight has not changed. Their fight is not only today against DAPL, but it is a growing global resistance to big oil, and in many activists’ opinions, they are winning.

Even if the pipeline crosses the Missouri River.

“As an activist I never cared about voting,” Iron Eyes said in a Facebook post. “I can see now how apathy about the political process allows establishment paid for politicians to stay in power like a revolving door. Big money pays for their campaigns, the politicians pave the way for their benefactors, the people feel disconnected, nobody cares, and we end up with politicians who suppress votes, militarize and embarrass our state…

“This is a great test for us. We need to be committed to peace on all sides.”

“We remain vigilant and organized,” Red Warrior Camp leaders posted on Facebook. “We’ll see you on the prairie.”

“I have the firm belief that we will stop a pipeline that carries 500,000 barrels of oil a day, and is 60 percent complete… we will stop it in its tracks,” Dallas Goldtooth, a campaign organizer of the Indigenous Environmental Network, said in a speech.

Barricade across Highway 1806 built by activists on Sunday, Oct. 23, later torn down at request - photo provided by Morton County Sheriff's Department

Barricade across Highway 1806 built by activists on Sunday, Oct. 23, later torn down at request – photo provided by Morton County Sheriff’s Department

 

 

 

© 2024 C.S.News

Theme by Anders NorenUp ↑

close
Facebook Iconfacebook like buttonTwitter Icontwitter follow buttonVisit Our GoodReads