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.”
Rumors threaten Standing Rock and activist unity against the Dakota Access Pipeline
By C.S. Hagen CANNON BALL – Rumors, like the Wiindigo, are never full. They prey on the weak, devouring their kill, always hungry, gluttonous yet emaciated.
The legendary, cannibalistic being strikes mainly during lonely winters. According to Algonquian lore it stalks the northern forests around the Great Lakes. Like rumors, the Wiindigo is difficult to kill, as its powers rise with every victim it devours.
The rumors surrounding Standing Rock’s fight against the Dakota Access Pipeline are not unlike the Wiindigo legends, Winona Laduke, a long time activist said. Laduke is an economist, and two-time vice presidential candidate for Ralph Nader’s Green Party. She is also the executive director for Honor the Earth, a non-profit advocate for indigenous environmental support.
“The winter of the North Country is unforgiving, and here on my own Round Lake, the Winndigo once came and ate a man and his family,” Laduke said. “That man became the Wiindigo. That is the time now, crazy actions occur. A man on my reservation starves his three horses to death, despite many friends. At the Oceti Sakowin Camp, a woman ties her dementia plagued mother onto a chair, and leaves her, without help. It is a time when we do things we regret.”
No excuses for such strange behaviors, Laduke said, but part of being human is to be weak.
“In the midst of this there is no question that there is chaos, there is no question that some people are infiltrators and some are profiting off the backs of this on the front line. And who is best served by all this? The answer: North Dakota’s energy empire, the Trump Administration, and, of course, Energy Transfer Partners.”
“Not afraid to look” sculpture overlooking Oceti Sakowin by Charles Rencountre (with Charles Rencountre and LaDonna Allard)- photo provided by Winona Laduke
From the beginning of Standing Rock’s fight against the Dakota Access Pipeline, much emphasis has been given to remaining peaceful. Those arrested for civil disobedience such as disobeying police orders or trespassing, are forms of free speech, activists say. Standing Rock Sioux Chairman Dave Archambault encouraged civil disobedience from the beginning, and was himself arrested after trespassing on August 12, 2016.
While the majority of activists have been peacefully protesting, even while under constant threat from Morton County’s militarized police force armed with pepper spray, tear gas, rubber bullets, concussion grenades, some have fought back using taunts, razor wire, stones, and fire, according to authorities. Supporters attribute violent actions to agitators and federal infiltrators; the authorities use the violence as propaganda and make more arrests.
“When you are standing up against a billion dollar corporation, this is how they work,” LaDonna Tamakawastewin Allard, who owns land the Sacred Stone Camp is on, said in an interview with The Young Turks. “They go into the communities and spread gossip and rumor. That’s what I am worried about. For me I will stand with anybody who stands with the water.”
Since early August, tens of thousands of people from across the world have travelled to Standing Rock, and a total of 696 arrests have been made.
Some of the rumors include monies donated to Standing Rock’s fight. Others have used isolated actions by people inside the camps, such as the case of Kathleen Bennett, who allegedly restrained and abused her 82-year-old mother at Oceti Sakowin, as a reflection on the movement and the tribe as a whole.
“For years, the dearth of infrastructure and poverty of Standing Rock have made it a poster child for what’s messed up in the US,” Laduke said. More than 80 percent of people in Standing Rock live below the poverty level, she said.
“Every year it seems, people freeze to death on Standing Rock, and frankly no one noticed until now.”
As of January 25, 2017, more than 300 GoFundMe accounts raised a total of $8,061,614 for activists and the camps. Suspicions have been raised by Morton County Sheriff’s Department on how the monies have been spent. State and county officials have made threats in the past saying those donating funds are supporting terrorist causes.
Standing Rock issued a statement late December 2016 saying that monies it received have gone toward funding legal fees, camp infrastructure, waste management, and outdoor restrooms.
Standing Rock supporters point to approximately $6 million donated to the tribe that is unaccountable, and are demanding that all expenditures need to be documented and made public so not to tarnish the movement.
“The stench of malfeasance doesn’t smell any better just because it emanates from an ally,” activist Joshua Smith, from Iowa, said. “I do have to say they are still on the forefront of the legal battle challenging DAPL in court. Lateral violence is when two different factions within a given movement criticize the other in a manner which creates division and also provides those opposed to the movement reasoning to criticize us.”
Monies have been used to bail people out, and with nearly 700 arrested, “that’s a lot of cash bail,” Laduke said. “There were drones purchased, each time the police shot down a drone, we purchased another one because someone has to keep an eye from the air.
“A lot of people had to be fed.”
Unity
Competing narratives exist now at what remains of the camps at Standing Rock. Archambault has asked activists to leave since shortly after December 4, 2016, when the U.S. Army Corps of Engineers ordered Energy Transfer Partners to halt work on the Dakota Access Pipeline, concurrently ordering an environmental impact statement to be done along parts of the pipeline’s route.
Some say the Standing Rock Tribal Council sold the activists, or water protectors, out. Others say Archambault is looking out for the safety of his tribe. Either way, Archambault’s tone has changed since the warmer, summer months. The fight is no longer at Standing Rock, but in Washington D.C., he says.
“This pipeline is not going to kill our nation, this pipeline is not going to destroy America,” Archambault said recently on The Rock Report. “This one pipeline where people refuse to leave is not going to be detrimental to our nation.”
Water protectors’ job at Standing Rock is done, he said. The tribe has stopped supporting activists camped near the reservation, along the north side of the Cannon Ball River near to the Missouri River where the Dakota Access Pipeline plans to dig under Lake Oahe.
“I’m not asking it to end, I’m saying that the fight is not here.”
On February 2, Archambault posted to the Standing Rock Sioux Tribe’s Facebook page, saying that he had met with Governor Doug Burgum, whose stance against the tribe is much different than his predecessor, Jack Dalrymple.
“There is great contrast to the previous state leaderships, these visits show that he is willing to work for all citizens of North Dakota, including tribal communities. I commend the governor for his efforts and look forward to finding solutions with him.”
“You are a betrayer of your people,” a netizen said said on the tribe’s Facebook page. “Hang your head low. We all know you sold yourself out for money. May the demise of clean water haunt your conscience.”
The fight against the Dakota Access Pipeline is just one of many fights across the nation and Canada, Archambault said. The DAPL controversy became high profile for a simple reason.
“Standing Rock. Water is Life. Taglines. It’s easy. We can have all the water in the world and we’re not creating a better future for our kids. Water is a source of life. It is not life.”
Allard feels betrayed, she said on her Facebook page. She said that she is not a leader, but began her fight against the pipeline because her son, Philip Levon, is buried near the Dakota Access Pipeline.
“It has been a hard night. All I can say is we must pray hard. How do we find that unity again? How do we stand together against the Black Snake? We must stand together. I don’t have the answers. All I have is prayer.”
Allard has been suffering from ill health, and on the day police officers and agents from the Bureau of Indian Affairs entered her land at the Sacred Stone Camp, along the south side of Cannon Ball River, she was en route to a hospital with her husband, also in poor health.
News that agents entered her land on February 2, after she denied them entry, surprised her, she said in an interview with The Young Turks. Allard and family own more than 300 acres on the south side of Cannon Ball River, where her Sacred Stone Camp is still set up. She heard rumors that Archambault authorized the federal incursion onto her lands because he said he also is a land owner there.
“At no time did Chairman Archambault own any portion of this land,” Allard said. “What are they talking about, the Archambaults own land here? They do not.” Archambault’s wife, Nicole, is Allard’s cousin, who owns land to graze horses nearby, but not on the Sacred Stone Camp.
The Standing Rock Sioux Tribe disagreed. “There are two tracts of land: Army Corps of Engineers holds title to one, and the Tribe holds majority ownership of the other. Sacred Stone Camp leaders were made aware of the need for an assessment earlier this week and agreed to a site visit.”
Allard went home and rifled through land leases, of which she personally owns three acres. The rest of the land is owned by family members, and a tribal trust – held in trust by the United States government.
“The Archambaults hold no trust here. The Standing Rock Sioux Tribe holds trust here, that does not mean the Archambaults hold land here.” Without warrants, Archambault had no right to authorize the “raid” into Sacred Stone Camp, she said.
“The chairman did not become Trump, and Trump still does not understand his position. I am still trying to figure out how to make peace with this. There should have never been the tribe against the water protectors. We should be standing together in a unified front. What we have is gossip and rumor dividing the people. It’s like when the fur traders were here, and the fur traders again started to gossip and rumor to divide the people. And that is where we are again.”
She sleeps little at night, stays up worrying and praying.
Another rumor circulating around Sacred Stone Camp include a pending threat of forced removal by federal officers.
The fight is growing, Allard said, and it is not only about water or sacred lands any longer. North Dakota politicians have submitted legislation to give state government more control over reservation land and mineral rights, to run over protesters on public roads, to lessen the responsibilities of corporations to report oil spills, and to criminalize ski masks in public places.
“I will stand, and I will not back down.”
This summer, Allard plans to start a summer camp for youth to teach history, how to live responsibly, and how to heal.
“I don’t need any people to come and defend me, I need people to come and defend the water. I also need people to support the tribe hoping the tribe makes better decisions, and that the tribe will stand in a unified fashion with the people.
“I must stand because my son stands with me. I have no choice.”
Last Child’s Camp
When attorney Chase Iron Eyes moved with approximately 80 people to a western hill forming Last Child’s Camp, the Standing Rock Sioux Tribe and Morton County condemned the group as rogue. He was arrested along with 76 others, and was released on February 3.
He was charged with a Class C felony, inciting a riot, and his legal team is looking into the validity of the charge. Iron Eyes came out of the Morton County Correctional Facility looking tired; months at the camps and it’s apparent he has lost weight.
“It’s no secret that Morton County, that the North Dakota law enforcement, National Guard, North Dakota media, even the governor of North Dakota, going back to Mr. Dalrymple to Burgum, and the North Dakota legislature, are colluding to villainize, dehumanize, and present the narrative that the water protectors are unlawfully camped in the area north of the Cannon Ball River, and that we are violent, that we are unruly, and indeed they are charging me with inciting a riot. But it’s clear to America, I feel, that Donald Trump is inciting a riot.”
“Last night, a group of campers moved materials onto private land,” the Standing Rock Tribal Council said. “This group’s actions do not represent the tribe nor the original intent of the water protectors.”
The tribe still leads the fight, but their opposition has widened to include water rights, hunting, land rights, treaty rights, not just for Standing Rock, but for all tribes, the council said.
“It is this tribe, the Standing Rock Sioux, whose land is most at risk,” Archambault said. “It is also our court case at risk, but in reality, all our treaty rights are at risk. If we want to be treated as nations then we must behave as such. In the past few weeks at camp, I see no reflection of our earlier unity, and without unity we lose.”
Last Child’s Camp was cleared; its tipis handed over to Standing Rock Sioux Tribe.
“We will fight these charges,” Iron Eyes said. “We will hold accountable Morton County and all who have brutally violated our rights. This is an SOS. Vets, warriors, and others who can stand with us in peace and dignity to exercise our inherent, treaty, constitutional, and other birthrights. Come stand with us.”
Veterans, once again, are hearing the call. VeteransRespond, an organizer and advocator of healing to communities impacted by social injustice, is planning to return to Standing Rock.
“VeteransRespond is in the process of organizing a return mission to Standing Rock at the wishes of LaDonna Brave Bull Allard,” the group’s GoFundMe page said. “All funds will go directly towards a rental van to transport Texas and Colorado veterans to Standing Rock to help with cleanup efforts as well as serve as a de-escalation and medical response force if needed.”
VeteransStand also created a second GoFundMe account, and plans to return.
“In the past two weeks the turmoil and uncertainty at Standing Rock has increased significantly,” the group said on its Facebook page. “We have had thousands of volunteers reconfirm their dedication to the cause, and readiness to help. The success of our fundraising campaign will ultimately dictate our overall potential for a boots-on-the-ground presence, but our learnings from the first mission in December have allowed us to create the right infrastructure to move quickly.”
The time of the Wiindigo creates confusion, difficult to keep eyes on the more important issues of Native American treaty rights and stopping the Dakota Access Pipeline, Laduke said.
Signs in the snow outside of the Standing Rock camps – photo by C.S. Hagen
“In the time of the Wiindigo, confusion, and fear prey on us all,” Laduke said. “We forget who are the enemies and who are our friends and families. Let us pray for clear minds. I plan to live through the time of the Wiindigo, and when I look back at the time of Standing Rock, I want to remember the unity, the courage, the outpouring of love for our Mother Earth, our Mni Wiconi, and how we faced the enemy.”
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.”
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.”
President Trump signs executive orders authorizing DAPL and other US oil pipelines
By C.S. Hagen
CANNON BALL – Around the time Standing Rock’s first camp was pitched against the Dakota Access Pipeline, a deadly poison was spread across thousands of acres in the area by a rancher intent on killing prairie dogs.
Six eagles, a buffalo, prairie dogs, and an antelope may have died because of the poison, investigators from the United States Environmental Protection Agency and the Standing Rock Sioux Tribe report. Questions have arisen as to whether humans who traveled to the area last year, now suffering from what is known as the “DAPL cough,” also were affected.
More than 40,000 pounds of the poison Rozol Prairie Dog Bait, an anticoagulant rodenticide, were purchased by rancher David Meyer, of Flasher, North Dakota, and a portion was spread across more than 5,408 acres of pasturelands, including the Wilder Ranch and the Cannonball Ranch, according to the United States Environmental Protection Agency.
In early April 2016, investigators spotted the bright bluish poison spread across large areas of pastureland, according to the United States Environmental Protection Agency.
Rozol is manufactured by Liphatech Inc., and has as its most active ingredient chlorophacinone, which if ingested or inhaled causes a slow, painful by internal bleeding, according to the United States Environmental Protection Agency. The poison is also deadly to humans if consumed.
More than 20,000 people from 350 indigenous tribes from across the world passed though the camps setup by the Standing Rock Sioux tribe against the Dakota Access Pipeline since August 2016. Some environmental watchdogs are concerned the poison was spread to people through ingestion of bison meat, as many activists complain of bloody noses, fatigue, and in some cases coughing up blood. The symptoms are referred to colloquially as the “DAPL cough,” according to a January 23 press release from Save the Buffalo Nation, the operating arm of the nonprofit environment advocate Mother Earth Trust.
Standing Rock’s first camp, the Sacred Stone Camp, began April 1, and the poison was spread approximately the same time, Standing Rock Sioux Director of Environmental Development Allyson Two Bears said.
“But not anywhere near any of the camps,” Two Bears said. “There was some acreage that was applied on the Cannonball Ranch.” Two Bears wasn’t sure if the poison was spread across 20 parcels of the ranch land sold to Energy Transfer Partners last October, and which was also the location where private security hired by Frost Kennels illegally used dogs to attack activists.
“It was misapplication, so there was a cleanup that was done, and it was remediated before the main camp was setup,” Two Bears said.
“There are some misconstrued facts. There was 40,000 pounds of purchased by the Meyer Ranch, but not all of it was applied.” Most of the poison was spread in areas in South Dakota, with a smaller portion on the Cannonball Ranch.
The closest activists came to the poison was on September 3, the day of the attack dogs. Two Bears said it would be nearly impossible for any humans to have been affected by the poison.
“You would literally have to eat it in order for it to be a lethal dose to you. I imagine you would have to eat a large quantity of it and it would probably have had to die from the poison itself.”
Many nearby ranches donated bison and other meat to the camp last year, Two Bears said.
“By no means, there are no connections between any of the bison that were donated or provided to the camp throughout the summer. None of the animals that were involved… were exposed to any of the sites.
“I want to squash that fear now, none of the bison that were donated to the people at the camps were from any of these ranches.”
State investigators and politicians including Congressman Kevin Cramer, R-N.D., have also pointed fingers at Standing Rock and the tribe’s supporters over the disappearance of cattle and buffalo from the area.
“I know some of the information about cattle disappearance,” Two Bears said. “And I question the integrity of those reports. It’s all been a part of the story that they are trying to write out to paint the picture of protectors being bad people.
“There are planes flying over daily. If this many bison were killed at the camp, it would not go unnoticed.” The case of missing cattle and bison is still under investigation by the North Dakota Stockmen’s Association.
The narrative local authorities and state politicians are trying to paint stems from recent corruption at the state’s highest ranks, Two Bears said.
“It goes completely against North Dakota values. We have been corrupt for several years now just because of the oil development here in North Dakota and what that brings.”
Meyers faces hefty fines for the misapplication of the poison, but the case is still in litigation, Two Bears said. Meyer could not be reached for comment.
Welcome to the Peace Garden State – DAPL front lines – photo provided by Johnny Dangers
Standing Rock’s other issues
On Tuesday, President Trump signed three executive orders pertaining to oil pipeline infrastructure.
“Something that has been in dispute,” Trump said before signing the Keystone Pipeline executive order. “We’re going to renegotiate some of the terms, and if they like, we’ll see if we can get that pipeline built. A lot of jobs, 28,000 jobs, great construction jobs.”
He signed the order, and then turned to the Dakota Access Pipeline executive order. “Again, subject to terms and conditions to be negotiated by us,” Trump said.
Attorney Chase Iron Eyes spoke on CBS News pertaining to President Trump’s executive orders.
“It’s clear that Donald Trump is going to represent some of the corporate interests that are seeking to privatize and further stratify the economic injustice that is happening right now on the ground in the state North Dakota in the most significant struggle we feel since the Civil Rights era, since the armed Wounded Knee occupation, since the Occupy Movement. Now he’s signaling that he’s willing to take it to the next level.
“It’s something that we on the ground anticipated, but it’s going to become a stark and harsh reality, and we are prepared for the fight because we feel that Americans need to stand up for clean water and to determine our own destiny. Standing Rock is going to become a focal point for all of these struggles.”
Two Bears is concerned about President Trump’s projected policies pertaining to energy infrastructure and environmental issues, including a possible freeze on environmental protection grants.
“There’s a big fight coming,” Two Bears said. “With this and the administration that’s coming in, we could very well be looking at cuts in essential programs like pesticides that work with applicators that could avoid situations like misapplications. We have to ensure programs are still there and this administration keeps these programs and regulations in order like the US EPA so we can ensure we have the health and safety of everybody. Had we not had the EPA and the pesticide program, we would not have had the route to perform an investigation and ensure that there would not be further exposure.”
Although Standing Rock won victories on December 4 when the U.S. Army Corps of Engineers halted Energy Transfer Partners’ drilling under the Missouri River at Lake Oahe and then registered its Environmental Assessment Impact study on January 18, Standing Rock Sioux Tribe Chairman Dave Archambault II issued a deadline for all activists to leave the Standing Rock area by January 30. Services, including ports potties, have been cancelled.
“Yesterday the tribe passed a resolution brought forward by the Cannon Ball District which asked that no camps remain in the Cannonball District,” Archambault said. “For this reason, we ask the protectors to vacate the camps and head home with our most heartfelt thanks. Much work will be required to clean up before the spring thaw, which will flood the area. It is imperative we clean the camps and restore them to their original state before this flooding occurs.”
LaDonna Tamakawastewin Allard, an owner of the Sacred Stone Camp lands, refused to move.
“The DAPL supporters betrayed by our own people,” she said in a Facebook post.
Iron Eyes, who ran for congress against Cramer last year, said people at the camps are “on edge.
“If you can, come out here,” Iron Eyes said on Tuesday. “We need you. It’s much easier to fight the most powerful empire on earth without a war chest, than your own people with all the money in the world.”
There are still up to 500 remaining people in the camps, Iron Eyes said. “Out there in pop media it appears the struggle is over, the tribe has asked people to leave, but hundreds of us have vowed to stay.”
Funds raised by Standing Rock Tribe over the past six months have been spent on rebuilding the tribe’s economy, particularly with investments focused on jobs, youth, and elder programs, the Standing Rock Sioux Tribe Council reported.
“Due to Morton County’s blocking of the bridge and the significant drop in tribal business revenues, as well as incurred expenses, we are facing a difficult time financially. While this movement benefits native rights nationwide especially regarding infrastructure projects, at this time, our Tribe has borne the brunt of the cost.”
Although Archambault and Governor Doug Burgum have met to discuss issues, Archambault said that the state’s true agenda is clear.
“The state claims they want to work closely with the tribe on repairing our relationship with them,” Archambault said. “Clearly that is not happening when legislation that impacts us is being drafted without consultation, consent or even basic communication.”
During the state’s legislative assembly in January, the Peace Garden State postponed House Bill 2154, or North Dakota Medical Marijuana Initiative, and introduced other bills including House Bill 1203, hoping to legalize the unintentional running down and killing of individuals obstructing vehicular traffic on public roads, House Bill 1151, which would exempt oil companies from reporting spills less than 420 gallons, House Bill 1304, which attempted to make illegal the wearing of ski masks on public roads in North Dakota, and Senate Bill 2315, an act that proposes the legalization of killing a violent intruder even if escape was possible or when trying to escape arrest after committing a violent felony.
“Please, please, please be confident” in Dakota Access Pipeline, company leader says
By C.S. Hagen ALL NATIONS CAMP – While Arctic winds and near-record snows pummel the prairies, all is not quiet on the pipeline front.
The camp that drew tens of thousands of supporters from across the world, Oceti Sakowin, or the Seven Council Fires Camp, has been shut down. The sacred fire lit continuously since July has been extinguished, but a new fire has taken its place. The former camp is now known as All Nations Camp, according to attorney Chase Iron Eyes. Standing Rock Sioux Tribe Chairman Dave Archambault II has asked everyone to leave, but more than a thousand remain, both at All Nations Camp and at the Sacred Stone Camp.
Across Cannonball River at the Sacred Stone Camp, owner of the land LaDonna Tamakawastewin Allard said she plans to stay.
LaDonna Tamakawastewin Allard and her husband Miles Allard
“We want the world to know that we at sacred stone are still standing,” Allard said. “We will still be here, we still have our sacred fire, it is still burning, and we want the world to know that we stand in prayer… we stand with Chase Iron Eyes and the new All Nations Camp, and we will be here until the black snake is dead.”
She calls for help to survive the bitter Dakota winter ahead. Firewood is needed, as are plumbers, electricians, welders, and carpenters to make Sacred Stone Camp a more permanent community, she said.
“The camp is strong,” Iron Eyes said. “One fire has been put out, a new fire has been relit. No more glory here, only hard work.”
There is no one chief, Iron Eyes said, everyone is working during daylight hours to help each other survive the winter.
Chase Iron Eyes
“Some people have left camp because of the deadly weather,” Iron Eyes said. “More have arrived… I can’t abandon those in need. Some of you won’t leave, and the world is blessed with your courage. It’s our job to help you stay warm, lodged and fed. Trump takes office in 41 days. DAPL will die if we keep the fight and shift the battlefield…”
Oil spills and a second “black snake”
Approximately 200 miles from Standing Rock, another pipeline leak on December 5 sent 4,200 barrels of oil into the Billings County Ash Coulee Creek, which drains into the Little Missouri River, and then into the Missouri River, the North Dakota Department of Health reported. Belle Fourche Pipeline Company manages the pipeline, and it has had a total of 14 leaks in their history in North Dakota.
The sacred fire at Oceti Sakowin before it was extinguished – photo by C.S. Hagen
“Any time we have oil released into water we view that as significant, we’re taking it seriously,” Spill Investigation Program Manager Bill Seuss said. The cold weather has its drawbacks and benefits, he said. Ice slows mobility, but has also trapped much of the oil on top of the creek. “The freezing river slows things down,” Seuss said.
While Standing Rock restructures, activists shut down a meeting held by Enbridge, Inc. at the Doubletree in Bemidji, Minnesota. Bemidji Police Department arrived and threatened nearly 150 people present to leave. Enbridge personnel expected a questions and answer session, but activists suspect they changed their “game plan” after too many activists arrived and started asking questions.
Oil spill at Ash Coulee Creek – photo provided by ND Department of Health
“It was not a forum, it was standing room only, like a buffet,” Winona Laduke, a longtime environmentalist, economist, and two-time vice presidential candidate for Ralph Nader’s Green Party, said. She is also the executive director for Honor the Earth, a non-profit advocate for indigenous environmental support.
“They whited out the Sandpiper and put in Line 3,” Laduke said. “They’re in the process of doing their environmental impact statement, and the public utilities is doing the statement and they don’t have the capacity for it.”
Laduke asked questions directly to Enbridge personnel. She was ignored, and they walked out, she said. “They thought there would be a few county commissioners and a few white guys, and they wouldn’t answer any questions. A lot of people wanted to know about North Dakota.
“If you’re going to bring tanks here into northern Minnesota,” Laduke said during the meeting. She was met with silence. “You’re going to bring tanks? That’s what we want to know.”
A police officer told her it was time to go. Friends grabbed her arms in support, making it clear they were not going anywhere, Laduke said. Activists yelled at police they should go apply to Morton County.
“As soon as Winona Laduke started asking questions a police officer came in and said she needed to leave for no reason at all,” activist Thomas Barrett. “Because of that, people started getting upset because they’re targeting Winona Laduke. She’s one of the women who has ignited the fire that is in us now, the fire to care for Mother Earth. We demanded to know something and the majority of the Enbridge walked out, because we started asking questions they don’t want to answer,” Barrett said.
Barrett planned to ask questions about abandoned pipelines, still leaking.
The Enbridge pipeline, formerly known as the Sandpiper was routed to cut through Chippewa and Ojibwe treaty territory.
“Now Enbridge is turning its focus on the proposed Line 3 project, which would carry tar sands oil from Alberta to Superior Wisconsin, some of the best lakes and wild rice beds of Northern Minnesota, and the heart of Ojibwe treaty territory,” Laduke said.
“As Enbridge kicks off a renewed public relations campaign for Line 3, they owe us all an explanation of how this project is any different from Dakota Access. And they need to account for the hundreds of injuries…”
Lieutenant Governor Drew Wrigley said before Fargo’s City Commissioners and Mayor Tim Mahoney last week that no injuries at Standing Rock had been validated.
“So, what’s up Enbridge?” Laduke said. “Are you going to bring those tanks to Ojibwe territory now? And, when are you going to repair the damage you have caused us?”
“We have to stay ahead of the game,” Barrett said during Tuesday’s meeting. “We have to get our legal ready. We have to support our frontrunners. This is where we mobilize. This is where we continue the fight. Standing Rock is not over, this is now Standing Rock right here.”
“Enbridge’s Line 3 Opening Party in Bemidji did not go well,” Laduke said. “We want to know why Enbridge let all those people get hurt out there in North Dakota when we asked them to stop the violence… They were one-third owners of the Dakota Excess Pipeline and they could have said something. This is not Morton County… that ain’t gonna fly here.”
“This isn’t North Dakota, this is Minnesota where the government might care a little bit about our concerns,” Barrett said to the crowd. News of an Enbridge meeting scheduled for Wednesday afternoon in Clearwater was announced to the activists present.
DAPL drill pad – photo provided by Digital Smoke Signals
Energy Transfer Partners meeting secretly taped
A secret recording of a corporate Energy Transfer Partners meeting led by President and COO Matthew Ramsey was given anonymously to Shaun King, the senior justice writer for the New York Daily News, who made the audio public, and he states the recording is authentic. A person at the end of the speech thanks the main speaker, naming him Matt.
“We have been in quite a fight here on DAPL…” Ramsey said in the recording. “Make no mistake about it, the pipeline is going through and it’s going through exactly where…” The audio is interrupted.
“We have not stopped for one second on construction of this pipeline, unless we were ordered to stop by court, which we were then ordered to stop twice but ultimately both of those courts that did order us to stop went and looked at the facts, which are very hard to come by in this process.”
The Dakota Access Pipeline has been built on both sides of Lake Oahe up to the point where Energy Transfer Partners, the parent company of the Dakota Access Pipeline, lacks approximately 1,100 feet from the federal government, and about 4,000 feet planned to go under the Missouri River at Lake Oahe.
“The politics of this thing has been unbelievable,” Ramsey said. “Never in my lifetime…” The audio is interrupted. “I think I would be having an argument with regulators where we’ve done nothing except play by the rules. We always, always play by the rules. It was evidenced that when we came under attack here, there was never anything, not one thing that came out…” audio is interrupted again. “It was a confirmation that we did it by the book.
“But I gotta tell you one thing in this room, election night changed everything,” Ramsey said. “We’re now going through a transition where we will have a new President of the United States. And he gets it. We fully expect as soon as he is inaugurated his team is going to move to get the final approvals done and DAPL will cross the lake.”
A 65-day drilling schedule remains to complete the 1,172-mile pipeline, depending on the weather.
“People in North Dakota… people are tired of this. The tide has turned, and people are understanding what a great project this will be for the state of North Dakota, and that came right out of the governor’s mouthpiece that he’s very much in favor of this thing, so, I think we’re off and running on DAPL.”
The pipeline plans to move up to 570,000 of sweet crude Bakken oil through a public utility. Much of the oil will be exported, according to analysts, and will not benefit American consumers. North Dakota politicians including Senator Heidi Heitkamp D-N.D., helped lead efforts to legalize increased exports of liquefied gas and crude oil in 2015.
“I know everyone in this room has had to deal with protesters, and everyone in this room has had to read on social media the misinformation that’s out there,” Ramsey said. “It’s not fair. We feel like keeping our head down and doing what we do best, which is put this pipeline in the ground is the best thing we can do. We’ve never stopped doing that.”
Ramsey attacked live video feeds on social media websites such as Facebook as rumor mills. Earlier this week Governor Jack Dalrymple blamed Energy Transfer Partners for not standing up for themselves and defending their positions.
“Why don’t we just immediately answer back every time something is stated wrong about the company and what we’re doing?” Ramsey said. “You have to understand, and I didn’t understand this until I got kinda deep into it, this is not really about water and this is not about… it’s about environmental activism, and it’s nothing more than that. These are people who are pushing the all-fossil fuels in the ground at every angle. Make no mistake, this is an event that they’re using to raise lots and lots of money. If they can create a cause and if they can create a lot of publicity, which they’ve clearly done here, it’s an avenue for that to raise money, not only to fight us on this project, but to fight all the projects.
“So we’ll continue to fight for this thing, but please, please, please be confident in this company. We’re gonna get this through in short order.”
Standing Rock Chairman says ‘time to go home,’ Bismarck Police investigate altercation
By C.S. Hagen CANNONBALL – Blizzards and biting Arctic winds are all in a winter day’s work for most North Dakotans, but to the unprepared the cold can become a struggle between life and death. Due in part to winter conditions this week the chairman of the Standing Rock Sioux Tribe has asked everyone at Oceti Sakowin to go home.
The main road into the camps against the Dakota Access Pipeline has been blocked for weeks, forcing travellers to the area down a longer, winding road. The Backwater Bridge, not more than a spear’s throw from the camps, has become a militarized zone complete with cement impediments, razor wire, and armed police.
“We have no need for water protectors and anyone to put themselves in unsafe environments,” Chairman Dave Archambault II said. “It’s time now, it’s time to go home. It doesn’t do us any good to live in an unsafe environment. It’s okay to go home. If it’s needed in the future, you’re welcome to come back.”
Oceti Sakowin – photo by C.S. Hagen
Additionally, Archambault believes Energy Transfer Partners, the parent company of Dakota Access Pipeline, will not endanger the company’s situation by breaking the law and drilling without an easement across the Missouri River.
“We have a winter storm, we have cold weather coming. If they violate that easement it’s going to threaten all the investors’ monies.”
Archambault is grateful for the help it has received against the Dakota Access Pipeline, but said the US Army Corps of Engineers’ decision to deny easement, citing that a full environmental impact assessment was needed, cannot be overturned overnight, even if it is President-elect Donald Trump’s top priority, Archambault said. His current job is to convince state and national leadership that the Army Corps’ decision was the right decision, he said.
“If they do drill, which I don’t think they will, they don’t have an easement. What they will do is try to drill right up to that easement just to get a reaction out of water protectors, because a decision was made by the Corps of Engineers, and it was the right decision. They’re trying to convince everyone that this is a wrong decision, and the only way they can do that is if we do something, if we try to commit a crime, like hurt somebody, hurt law enforcement, take over a pad. When we do something like that, it’s an illegal act.”
The Indigenous Environmental Network said they support the chairman’s wishes, but recognize the fight is far from over.
“We are not abandoning our relatives here in Standing Roc,” the Indigenous Environmental Network said in a press release. “In fact, it is escalating and the stakes are even higher. We are stronger than ever, filled with even more hope and more prayer, and no matter who is in the White House, we will continue to follow our original instructions as Indigenous Peoples to defend land and to protect water.”
Horse riders in the snow outside Oceti Sakowin – photo by C.S. Hagen
Not everyone agrees with the chairman.
Attorney Chase Iron Eyes, who ran for congress this year, and has recently become more active in the movement against the Dakota Access Pipeline, said people who are capable of withstanding the elements should stay.
“Some people are standing down, packing up, leaving, calling the easement denial a victory while DAPL moved to force the court to allow it to drill,” Iron Eyes said. DAPL owners, which include Energy Transfer Partners, have filed a suit in federal court to force the Army Corps to approve the easement. The hearing is scheduled for Friday.
“The roadblock is still up, militarized presence by DAPL ongoing,” Iron Eyes said. “It’s never been easy. I get it. Be safe, those who are infirm go home, but the reality is thousands are staying and they’re here sacrificing for us because DAPL won’t stand down. They need our courage right now, not our doubt. We help when it gets tough, we don’t run.”
Iron Eyes didn’t fault Archambault for petitioning everyone to go home. “You must remember the chairman is concerned about protectors’ safety. He is the chairman and he’s looking out for all elderly, disabled, children, and others in the camp.”
Tipi at Oceti Sakowin, surrounded by hay bales, tipis are far warmer than tents – photo by C.S. Hagen
A Bismarck altercation
A native person going by the name of Shiyé Bidzííl on Facebook was ambushed on Wednesday by two people thought by some to be police officers while at the Ramada Inn. A man in a skull mask approached the vehicle Bidzííl was in, warning them to go home.
“Take your protesting asses back home,” the man said in the video. “All you mother f*cking protesters go home. Us North Dakota people are going to f*ck you up, every f*cking one of you.
“We know who you are too. We follow you too. We f*ck your wives at home, we hope you like it. Go ahead. Threaten us. Keep it up. You threaten our people?”
“This is for real sh*t guys, this is not f*cking joking around sh*t. They blocked us in,” Bidzííl said in the video.
Man in skull mask
A man he identified as Chris trapped them and refused to let them go, Bidzííl said. Not until bystanders interfered did the two masked men leave. In his video reports Bidzííl said he plans on going to Bismarck to press charges against the people involved.
“What I’m going to do is going to tell the story about what I was doing up there by myself,” Bidzííl said. “I wanted to document what was going on with all of us indigenous people.”
He had difficulty getting a room during the latest blizzard because of his appearance, Bidzííl said.
Accomplice
“When we were up there for three days stuck in the blizzard, we couldn’t get a room,” Bidzííl said. Hotel management said they had no rooms, but he had heard from others that they did have vacancies. “I asked this lady is there a room, and she said no. I asked her was it because we had fatigues on like this? She kinda looked at us all scared, and I realized that how I looked at those guys walking toward our vehicle, in her eyes that is how she thought of us.
“She didn’t have to think like that, but that’s how much fear is running around Bismarck right now, and racism, that stuff is all real.”
The Bismarck Police Department is investigating the case as an altercation, according to a Bismarck Police Department press release. A bystander also filming the incident was threatened along with two other victims. One of the victims involved was followed around town.
“The suspects in this case have been identified and are actively being investigated,” the press release stated. “There have been several rumors circulating that the suspects were police officers. This has been determined to be false.”
Police are also trying to re-contact the victims, and are asking for help in putting the victims in touch with police.
Shortly after the incident, the international network of activists and hacktivists Anonymous released a warning to Morton County Sheriff’s Department saying “Operation Morton” is now engaged.
“Your acts of violence, threats, and torture upon the protestors and water protectors of the North Dakota pipeline have gone too far,” Anonymous stated. “The two officers who threatened the protesters in the parking lot now have 48 hours to turn themselves in, or we will expose all their information publicly.”
License plates of vehicles involved were identified, Anonymous said. They also demanded that officers involved in hurting activists with tear gas, pepper spray, concussion grenades, and water cannons be held responsible.
Lieutenant Governor Drew Wrigley said to the Fargo City Commissioners on Monday that reports of activists injured by law enforcement have not been substantiated. Excessive use of force by law enforcement is only commentary by social media, Wrigley said.
Road conditions
North Dakota Department of Transportation Public Information Officer Jamie Olson said Highway 6, the only main road leading into Standing Rock, is mostly cleared, but high winds are forcing snow back onto the roadways in some areas.
“There’s certainly an improvement over the last couple of days,” Olson said. “They’re all drivable, but there’s still going to be some areas where there will be snow and ice. It’s not a perfect road.” She advised to slow down, don’t use cruise control, and be alert. Road conditions can be found on a travel information map at www.dot.nd.gov.
Chairman says law enforcement and locals are victims, hopes to influence nationwide veterans movement
By C.S. Hagen
FARGO – As thousands of US veterans prepare to converge on Standing Rock, North Dakota Veterans took a step back.
They’re remaining neutral. Their stance nationally is not popular, Chairman of the North Dakota Veterans Coordinating Council Russel Stabler said during a press conference. And they’re adamantly opposed to any North Dakota veteran joining Veterans for Standing Rock movement set to arrive on December 4. The North Dakota Veterans organization also refuses to take a stance on the Dakota Access Pipeline.
“The one thing we’ve fought for all our lives is the right for someone to have an opinion, and we do not want to step on anyone’s rights,” Stabler said. “We’re not standing in support of either side, everyone has the right to protest peacefully and not to attack law enforcement,”
Chairman of the North Dakota Veterans Coordinating Council Russel Stabler during press conference – photo by C.S. Hagen
Bolstered with a total membership of approximately 60,000, the North Dakota Veterans organization said DAPL protesters have cost the state USD 10 million, and wreaked millions of dollars in damages to vehicles, equipment, property, and livestock owned by private corporations, citizens, family farms, and government agencies.
“Slaughtering livestock, throwing Molotov cocktails, and assaulting law enforcement officers is not the military manner in which our veterans behave and not the kind of assembly and actions veterans should be a part of,” Stabler said.
North Dakota Stockmen’s Association Executive Vice President Julie Ellingson said several cases involving stolen cows and butchered buffalo are still under investigation, and the agency is still accepting tips, and offering a reward up to USD 14,000 for information that leads to arrest and conviction.
Attorney Chase Iron Eyes, who ran for Congress this year, said media and law enforcement agencies are misinforming many across the state. “They are trying to instill fear, confusion, and doubt,” Iron Eyes said. “We are the new Ghost Dancers, only this time others of all origins are in this vision with us.”
Since the beginning, tribal leaders have called for prayers and peace. More than 130 charges against the 561 arrested have already been dropped by Morton County, according to court records. Some charges have been combined and changed from misdemeanors to felonies; one case has gone federal.
“Natives are peaceful and passive right now because of a very deliberate process of de-arming us, destroying our economy, imposing poverty cultures and values to turn us into begging dependents, forcefully colonizing us via boarding school, spiritual invasion, emasculation, and capturing methods,” Iron Eyes said. “Our natural state as human being is to be liberated; it’s not to be passive. Peace requires action.”
Approximately 2,500 veterans plan to arrive at Standing Rock December 4, according to Michael A. Woods Jr., an organizer for Veterans for Standing Rock. They are coming to take a stand against what they call police militarized aggression. There are thousands more who want to come to Standing Rock, but finances, which have come in the form of donations now exceeding USD 250,000, will limit the numbers, Woods said. The organization’s goal is to reach USD 500,000 in donations.
“If the cops there want to be state sanctioned agents to brutally beat non-violent veterans that have served their country honorably, if they’re going to beat us, then that should be the signal to the rest of the world what our country is doing,” Woods said.
The North Dakota Veterans would prefer out-of-state veterans didn’t come at all, Stabler said.
“We don’t need that many coming, and as we said, putting disrespect on veterans, because as a veteran they have sworn an oath to uphold the Constitution, and to fight against all enemies foreign and domestic,” Stabler said. “I for one, and these gentlemen behind me, will not violate that oath.
“We’re hoping to influence them… and everything, and hope that if they do come they will be respectful. If not, we want it understood, these are not North Dakota veterans, and they do not represent the veterans of North Dakota, and we are encouraging all of our people not to go out there.
“Please don’t punish the North Dakota veteran for what someone from outside this state does.”
The Veterans for Standing Rock organization is proud to be standing with Standing Rock. “We are a support mission,” Woods said. “We’re there to protect the water protectors and to get in front of them. We are veterans, we are trained, we have resources, and we will be guided by the locals that know exactly what they’re doing.”
The stand could become a “battle of attrition,” Woods said. As a former police officer, Woods said law enforcement do not want to be out in the cold, and a battle of “who wants it more” could ensue.
“And I think we want it a hell of a lot more than the cops do.”
Logistics for the endeavor are massive, Woods said, but necessary. He is constantly reminding veterans to be respectful toward local culture, native traditions, and to remember that many natives also are veterans. Police, he added, are not to be considered enemies, as the Veterans for Standing Rock should not be considered an enemy of the state. Officers are simply caught up in a system directed by an “oligarchy” that writes their paychecks, and they should understand the organization’s goals.
“Native American people in this country have served at a higher percentage in the United States military than any group in this entire country,” Woods said. “The Navajo saved us through code talking and being able to pass intelligence around. If there was one group in this country that adequately and thoroughly represents the military it is the Native American people.”
Oceti Sakowin – wintry wonderland – photo by Terry Wiklund
The Peace Garden State and the U.S. Army Corps of Engineers have recently begun a type of modern siege against the camps outside of Standing Rock by first issuing emergency evacuation orders, then announcing anyone supplying Standing Rock with goods or equipment could face up to USD 1,000 in fines. Highway 1806, the main road leading to the camps and Cannonball, has been closed for weeks, increasing trip duration from Mandan by at least 30 minutes.
Both Governor Jack Dalrymple and the U.S. Army Corps of Engineers Omaha District Colonel John Henderson later backtracked their statements, saying law enforcement will not be shutting down any additional roads, or hunting out-of-state activists, but anyone left on Army Corps lands after December 5 may still be subject to arrest.
More than 95 percent of the pipeline in North Dakota is finished, Dalrymple said. The only part that remains is the section under the Missouri River at Lake Oahe, and which Energy Transfer Partners, Dakota Access Pipeline’s parent company, lacks the easements for. On behalf of Energy Transfer Partners, North Dakota politicians have been increasing the pressure on President Obama’s administration and on the Army Corps for weeks in attempts to obtain the necessary permission.
“National Guard is mobilized, the governor keeps posturing, first responders are filling up Bismarck,” Iron Eyes said. “If the Army Corps grants this easement to drill under the river, it’s going to be unpredictable. December 5th draws neigh. It’s scary as hell, not going to lie. What’s scarier is watching your children die because we didn’t stop this pipeline.”
Standing Rock’s resolve is “stronger than ever,” more arrests in Bismarck, and a North Dakota sheriff is suspended
By C.S. Hagen BISMARCK – Standing Rock and supporters have 10 days to move camps, or face possible mass arrests, the U.S. Army Corps of Engineers reported Friday.
“This decision is necessary to protect the general public from the violent confrontations between protestors and enforcement officials that have occurred in this area, and to prevent death, illness, or serious injury to inhabitants of encampments due to the harsh North Dakota winter conditions,” U.S. Army Corps of Engineers Omaha District Commander John W. Henderson stated.
“Any person found to be on the Corps lands north of the Cannonball River after December 5, 2016, will be considered trespassing and may be subject to prosecution under federal, state, and local laws… any person who chooses to stay on these Corps’ lands… does so at their own risk.”
A “free speech zone” south of Cannonball River on Army Corps lands will be authorized.
U.S. Army Corps of Engineers map of the area surrounding Oceti Sakowin
“Our tribe is deeply disappointed in this decision by the United States, but our resolve to protect our water is stronger than ever,” Standing Rock reported in a statement. “The best way to protect people during the winter, and reduce the risk of conflict between water protectors and militarized police, is to deny the easement for the Oahe crossing, and deny it now.”
Standing Rock further reported that the tribe’s stance on the Dakota Access Pipeline crossing the Missouri River at Lake Oahe less than a mile from the reservation was stated clearly in a meeting with DAPL representatives and the North Dakota Public Service Commission on September 30, 2014, more than two years ago.
North Dakota government agencies have reported frequently the tribe did not involve itself in hearings and discussions pertaining to the Dakota Access Pipeline.
“It is both unfortunate and disrespectful that this announcement comes the day after this country celebrates Thanksgiving – a historic exchange of goodwill between Native Americans and the first immigrants from Europe,” Standing Rock reported. “Although the news is saddening, it is not at all surprising given the last 500 years of mistreatment of our people.
“Although we have suffered much, we still have hope that the President will act on his commitment to close this chapter of broken promises to our people and especially our children.”
Standing Rock is currently planning if and how an exodus from Oceti Sakowin, or the Seven Council Fires camp will occur, Standing Rock spokesperson Sue Evans said.
“The timing of this latest action by the U.S. Army Corp of Engineers is demoralizing and disrespectful for Native Americans and the millions of peaceful water protectors and supporters in America and across the globe who are standing with Standing Rock to protect the water and 17 million Americans downstream on the river,” Evans said.
Standing Rock is ready, however. Other camps exist in the area, and leadership is planning the tribe’s next steps.
The deadline brings back a similar deadline issued a century ago for attorney Chase Iron Eyes. On December 3, 1875, the US government issued a deadline for all Native Americans not on reservations to return to their areas of confinement, or else they would be considered hostile.
Turtle Hill, Cantapeta Creek, law enforcement has now stretched razor wire across the bank opposite Oceti Sakowin – photo provided by Digital Smoke Signals
“We are tired of the protests too,” Iron Eyes, who ran for congress this year, said. “DAPL is backing us into a corner. This is about standing up to Trump fascism, and we’re going to be considered trespassers on Army Corps land. We’ve seen what Morton County is capable of… they tell lies, but by the time we disprove them they’ve already been able to manipulate the public narrative and push that out to the world as truth.”
For instance, Morton County reported its use of water cannons to put out fires on November 20, but turned the same high-powered hoses onto activists in sub freezing temperatures because they feared activists might push through multiple rows of razor wire, cement blocks, hidden hedgehogs, and fully-armed police.
Morton County also reported Sophia Wilansky, who nearly had her left arm blown off the same night, was not harmed by law enforcement’s less-than-lethal armaments, but by an explosion from the activists’ side, even after many eyewitnesses came forward saying that Wilansky was first struck with a rubber bullet, and then targeted by a compression grenade while she was on the ground.
Iron Eyes calls for those involved to keep prayer and peaceful civil disobedience at the center of all direct actions, but he refuses to be intimidated
“If it’s too risky for Bismarck, it’s too risky for us,” Iron Eyes said. “We have to stand up. If a law allows for water to be poisoned or put our children’s future at stake, then that law has no moral or spiritual authority, and we should be within rights to stand up to that law. We have to be very, very clear about this; these are risks that we choose to assume.
“It’s easy to be neutral when it’s not your family at risk,” Iron Eyes said. “We must always fight for the democracy we want.”
Additionally on Friday, Governor Jack Dalrymple granted McKenzie County Commissioners’ request to remove Sheriff Gary Schwartzenberger from office after the state attorney general’s office investigated him, according to state news outlets.
“We are now witnessing the first action against local law enforcement tonight for their abuses to peaceful water protectors,” Evans said.
Pig head authorities report anti DAPL activists carried into Bismarck on Thanksgiving Day – photo provided by Morton County Sheriff’s Department
In October, the McKenzie County Commissioners asked the governor to remove the sheriff from office, citing an alleged workplace culture of bullying and retaliation, according to press reports. Schwartzenberger will be allowed a hearing before the governor makes a decision to make the suspension permanent.
In 2015, two other deputies from McKenzie County Sheriff’s Department were allegedly involved in criminal activities, according to the Bismarck Tribune. Corporal Travis Batemen faces a felony charge of reckless endangerment, and Detective Michael Schmitz was charged with two counts of giving false information to law enforcement.
The day after Thanksgiving, 33 more arrests were made by Bismarck police at Bismarck’s Kirkwood Mall outside the Target entrance, according to Morton County Sheriff’s Department. The total number of activists arrested since early August is 561.
The McKenzie County Sheriff’s Department is one of the agencies involved against activists at Standing Rock. Nearly 1,300 people have assisted from 25 North Dakota counties, 20 cities, and nine states, according to Morton County Sheriff’s Department.
Actively defending the Dakota Access Pipeline, police force two activists from restaurant after asking them to come to their table
By C.S. Hagen MANDAN – Cass County Sheriff Paul Laney and Mandan Police Chief Jason Ziegler called Liz George and Kana Newell over to their table while they were eating at the Chinese restaurant Rice Bowl.
And then, in true “North Dakota nice” spirit, they kicked them from the premises. Before kicking the two women out, they threatened arrest. George was wearing her “Water is Life” badge on the back of her clothing.
“We were eating dinner and on our way out of Mandan when two police officers, the sheriff and one other called us over to talk,” George reported. According to George’s Facebook page, she is from Michigan.
Cass County Sheriff Paul Laney – still shot of video feed
“His [Laney] first question was, ‘How long are you going to be here for?’ To which we replied, ‘As long as the pipeline is proceeding,’” Newell reported. Newell’s Facebook page reports she is from Australia. “He immediately replied with ‘Well, that’s just not going to happen.’
“We asked why he thought that, and we were genuinely curious to the police perspective and want to bridge the gap between the two sides,” Newell said.
“We tried to have a polite conversation with them listening to their side and when they didn’t like what we were saying they ordered us to leave the restaurant saying that we had two minutes to leave before we would be arrested,” George said.
Recent events were brought up during the discussion, including Sunday night’s conflict when law enforcement used rubber bullets, concussion grenades, tear gas, pepper spray and a high-powered water cannon against activists.
“Things got heated and we asked them to hold space for us to speak, as the conversation was basically his voice speaking over ours,” Newell said. “We tried to tell him our perspective, but he wasn’t open to listen and ordered us to leave as soon as the conversation wasn’t going his way.”
And then, Laney threatened arrest, Newell said.
“What are you going to arrest us for?” George said on the video.
“Disorderly conduct,” Ziegler said.
“We asked you to leave so that these gentlemen can enjoy their meals and we can enjoy our meals,” Ziegler said. “This is a private restaurant.”
“We tried to have a conversation and it’s not going anywhere,” Laney said.
Mandan Police Chief Jason Ziegler confronting women at dining restaurant – still shot of video feed
“Okay, can I just say that you guys called us over to talk to us?” George said. “So you have authority…?”
She was interrupted when Ziegler stood and confronted her, forcing her back.
“I’m going to tell you one more time to leave this restaurant. Go ahead, video tape me,” Ziegler said.
“Now you got about two seconds to go, okay guys,” Laney said. “Let us eat our dinner in peace. Have a good night.”
An elderly woman watching nearby told the two women to go home.
“We are home.”
The women are known as water protectors by the Standing Rock Sioux, and as protesters by law enforcement. They’re part of the months-long controversy surrounding the USD 3.8 billion Dakota Access Pipeline, which is slated to run less than a mile away from the Standing Rock’s reservation. Dakota Access LLC is the subsidiary of Energy Transfer Partners, which combined with Sunoco Logistics Partners on Monday. Energy Transfer Equity controls both companies, according to media outlet Fortune.
Both Laney and Ziegler were contacted for comment late Tuesday evening in this developing story. The Rice Bowl was also contacted for comment, but the restaurant had already closed for the evening.
Family speaks out: “I died a thousand deaths” victim’s father says
By C.S. Hagen
OCETI SAKOWIN – The woman who nearly had her arm blown off Sunday night at the Backwater Bridge standoff is in stable condition, according to the Standing Rock Medic Healer Council.
Sohpia Wilansky, 21, from New York, was hauling drinking water to activists near the front line when a concussion grenade thrown by law enforcement hit her left arm and exploded, according to medic reports.
(Graphic) Sophia Wilansky with arm nearly blown off. Father, Wayne Wilansky, said during interview that she had been at Oceti Sakowin for three weeks, and planned to stay no matter how cold the winter weather becomes. Wilansky has undergone surgery, but more surgeries are required. “It’s now my fight too,” Wayne Wilansky said. – photo provided by Keven Gilbertt
Law enforcement denies the accusation, claiming a Coleman propane explosion wounded Wilansky. “There was an explosion behind in the protester area, we don’t know where it came from but it wasn’t law enforcement,” Morton County Sheriff Kyle Kirchmeier said.
“These statements are refuted by Sophia’s testimony, by several eyewitnesses who watched police intentionally throw concussion grenades at unarmed people, by the lack of charring of flesh at the wound site and by the grenade pieces that have been removed from her arm in surgery and will be saved for legal proceedings,” the Standing Rock Medic Healer Council press release stated.
Activist standing under a shower in sub-freezing temperatures – photo by Rob Wilson Photography
The explosion destroyed Wilansky’s radial and ulnar arteries, and shattered her radius, according to medic reports. “All her muscle and soft tissue between her elbow and wrist were blown away. The police did not do this by accident – it was an intentional act of throwing it directly at her,” Wilansky’s father, Wayne Wilansky, said.
Medics also claimed police were shooting people in the face and groin areas intending to cause as much damage as possible.
“She will need multiple surgeries to try to gain some functional use of the arm and hand. She will be, every day for the foreseeable future, fearful of losing her arm and hand,” Wayne Wilansky said. “There are no words to describe the pain of watching my daughter cry and say she was sorry for the pain she caused me and my wife. I died a thousand deaths today, and will continue to do so for quite some time.”
Injury reports stemming from Sunday night and early Monday morning’s standoff at Backwater Bridge climbed to 300, according to medic reports. “These 300 injuries were the direct result of excessive force by police over the course of 10 hours. At least 26 people injured had to be evacuated by ambulance to three area hospitals.”
Riot police spray activists at Backwater Bridge – photo by Rob Wilson Photography
Some of the additional injuries included an elderly man who lost consciousness, but was revived, a young man who suffered a grand mal seizure, a woman who was shot in the face by a rubber bullet, a young man shot in the abdomen by a rubber bullet who was vomiting blood, a young man shot in the back near the spine by a rubber bullet, and multiple fractures, according to medic reports.
Law enforcement said late Monday night they received no reports of any activists injured.
The front line separated with coils of razor wire – photo provided by Rob Wilson Photography
During a press conference, Kirchmeier added that Backwater Bridge is deemed unsafe, that the trucks were purposefully left blocking the Highway 1806, and investigators will not inspect the bridge until activities have calmed down.
“We can use whatever force necessary to maintain peace,” Mandan Police Chief Jason Ziegler said. He stated the use of water on activists in sub-freezing temperatures was necessary, and that law enforcement would use the same tactics again.
“It was effective, wasn’t it?” Ziegler said.
A total of 528 individuals have been arrested on charges stemming from the DAPL controversy since early August, according to Morton County Sheriff’s Department.
Frozen water at Backwater Bridge – photo by Rob Wilson Photography
One woman’s arm nearly blown off, activists report, authorities receive no verified reports of injuries
By C.S. Hagen BACKWATER BRIDGE – An all-night battle at Backwater Bridge between police and Standing Rock activists left hundreds injured, according to camp medics.
Morton County Sheriff’s Department has reported it planned to remove a blockade on Highway 1806, but has done nothing for three weeks, Tara Houska, national campaigns director for Honor the Earth, said. Instead, when activists attempted to move the blockade, they were met with potentially deadly force.
“They did say they were going to remove the blockade because it’s a huge public health concern that blocks the major highway going to the Standing Rock Sioux reservation, but still have not moved it,” Houska said. “So the camp went up to move it, and this was their response.”
Standing Rock Sioux Tribe Chairman Dave Archambault II said the blockade is unnecessary, and condemned Morton County’s responses. “What water protecters wanted to do was open up that access, they started to move a vehicle that was burned off that bridge and law enforcement came with some aggression that we haven’t seen before,” Archambault said.
“They need to be held accountable, that’s not happening in this case because it feels like law enforcement is taking orders from Dakota Access Pipeline and Energy Transfer Partners.”
Law enforcement used high-powered water cannons in sub-freezing weather, teargas, pepper spray, concussion grenades, and shot rubber bullets, according to live video feeds made available by Kevin Gilbertt. A new line of razor wire and angled hedgehogs, iron traps to impede movement, were stretched along the front line. Activists used prayer and traditional ceremonies to oppose the Dakota Access Pipeline, according to activists, but police reports say activists hurled stones and burning logs.
“These are lethal weapons now,” Archambault said. “We have wounds where people got shot in the face with projectiles or whatever they’re using. That is a lethal act. They’re putting people’s lives at risk now.”
Law enforcement in padded riot gear faced the stones, burning logs, and rocks fired by slingshots, and one officer was reportedly injured after being hit in the head with a rock, according to Morton County Sheriff’s Department. Approximately a dozen fires were set near Backwater Bridge and Turtle Hill, according to press releases.
Activists made fires for warmth after being hosed down with cold water, and not acts of civil disobedience, according to activists. According to Gilbertt’s video feed – watched by more than 2 million people – activists extinguished grass fires caused by exploding tear gas canisters and concussion grenades. A total of 20 people were taken to hospital emergency rooms, two elders were treated for injuries, more than 160 people were treated for blunt force trauma, hypothermia, and the effects of tear gas, according to Houska. One person lost consciousness and CPR was used to resuscitate the injured person.
“We found an incredibly brutalized response by police to try and clear a public road,” Tara Houska said. “There are photos coming out right now of a woman who had her arm nearly blown off her body. It looks like live ammunition.”
(Graphic) Injured woman with arm nearly blown off (face blurred to protect identity of victim) – photo provided by Keven Gilbertt
Morton County Sheriff’s Department said Monday morning that no reports “can be verified of protesters that were injured.”
Some activists sang “Love Will Find A Way” and danced while being hosed in sub-freezing temperatures. Others ran for the gas canisters, belching smoke, and threw them to the sides. Teargas fired over the activists’ line and water sprayed directly into the crowd’s front trapped hundreds on Backwater Bridge. Some involved passed out, others vomited; reports were also made public about people urinating in their clothing because of the effects from pepper spray and tear gas, according to activist reports.
“I watched them use high pressure hoses to soak the crowd in 27 degree weather,” activist Evan Ulibarri from California said. “I also witnessed a beautiful human I had met the day before get shot in the face with a rubber bullet. Blood oozing from the gash in her face, all while she cared about helping me deal with the effect of tear gas burning my lungs and face. I saw women and children, innocent, peaceful, trapped, attacked, and hurt.”
Front lines at Standing Rock – video footage
Teargas irritates the mucous membranes of the eyes, nose, mouth, and lungs. The burning effects begin about 30 seconds after inhalation, can cause difficulty breathing, chest pain, excessive saliva, and skin irritation. Many activists who were hit described the sensation as an uncontrollable release of fluids from the eyes, nose, and mouth, making one blind.
“Law enforcement is currently involved in ongoing riots on Backwater Bridge, north of the protest camp in Morton County,” Morton County Sheriff’s Department reported. “Protesters in mass amounts, estimated to be around 400, are on the bridge and attempting to breach the bridge to go north on Highway 1806.”
Pictures of injuries stemming from Sunday nights activities – photo provided by Steve Gross
Morton County Sheriff’s Department reported the action was “very aggressive,” and that activists engaged in organized tactical movement attempting to flank and attack law enforcement’s western line. By 8:30 p.m., one person was arrested, which raises the total number of activists arrested to 489. “In order to keep protesters from crossing the bridge, law enforcement have utilized less-than-lethal means, including launching CS gas.”
The fight began at approximately 6 p.m. Sunday when activists hauled the wreckage of a truck off Backwater Bridge. One burned-out vehicle, which was placed by law enforcement on Backwater Bridge on October 27, remains, according to activists.
“It’s starting to cause a grave concern for everybody,” Archambault said. “They’re starting to use water cannons in temperatures that are below freezing. These water cannons were used, Morton County Sheriff’s said, to put out fires. We have reports as well as video where the water cannons were used directly on human beings, and this is with temperatures below freezing.”
By mid morning Monday, the fight was ongoing. Neither side gained any ground. “There aren’t any violent interactions going on right now, but the police are all there,” Houska said.
Officials deem Backwater Bridge unsafe for travel. The Indigenous Environmental Network has condemned Morton County’s inaction for not clearing Highway 1806, adding 30 minutes to travel time to and from the camps to the nearest hospital.
“North Dakota Department of Transportation has closed the Backwater Bridge due to damage caused after protesters set numerous fires on the bridge October 27,” Morton County Sheriff’s Department reported. “In addition, the U.S. Army Corps of Engineers has requested Morton County to prevent protesters from trespassing on USACE land north of the camp.”
Archambault said reports Backwater Bridge is damaged are not true, and an excuse for law enforcement to block Highway 1806.
Since October 27 when law enforcement evacuated the northern Treaty Camp, repeated attempts have been made by activists to reach Dakota Access Pipeline’s drill pad, surrounded by ditches and a 15-foot tall HESCO bastion topped with razor wire, less than a mile north of Oceti Sakowin, or the Seven Council Fires camp. The drill pad sits less than a quarter of a mile from the Missouri River. Horizontal drilling equipment has arrived, according to drone footage released by media outlet Digital Smoke Signals. A promise the company made two weeks ago that workers would begin drilling under the Missouri River at Lake Oahe has reached its deadline.
Woman hit in head by “less-than-lethal” ammunition – photo provided by Steve Gross
The U.S. Army Corps of Engineers has still not issued the easement needed for Dakota Access Pipeline to dig under the river. North Dakota Highway Patrol has stated that if Dakota Access Pipeline begins drilling without the proper permits, workers will be arrested, and construction will be shut down.
“I don’t know if they’re actually boring, but it wouldn’t surprise me,” Archambault said. “I do know they told the Army Corps of Engineers that they’re going to start drilling whether or not they have the easement. It’s very possible they are drilling right now.”
The Standing Rock Medic & Healer Council called upon Morton County Sheriff’s Department to “immediately stop the potentially lethal use” of force late Sunday night.
“The physicians and tribal healers with the Standing Rock Medical & Healer Council call for the immediate cessation of use of water cannons on people who are outdoors in 28F ambient weather with no means of active rewarming in these conditions. As medical professionals, we are concerned for the real risk of loss of life due to severe hypothermia under these conditions.”
North Dakota Human Rights Coalition organizer Berry Nelson said he is appalled at Sunday night’s violence.
“I think from the very beginning this has been over militarized, in my opinion,” Nelson said. “I just feel that the level of response for all practical purposes appeared to be peaceful protest, some civil disobedience, there’s no question about that, but the level of response, the escalation has occurred up to this point almost exclusively on the authority’s side.”
Police are not the ones who should be held responsible for the escalation in militarization and violence at Standing Rock.
“I keep saying I don’t think it’s the people on the ground responsible, it’s the people making decisions at the top that should be held responsible for this escalation. They also have it within their means to do something, to go down and talk this through and deescalate the situation, and they consistently refuse to do that. And that shows a lack of leadership, and it’s unconscionable.”
One-sided discrepancies exist, Nelson said, in media reports, in police reports, and with state leaders.
Concerning police reports, Nelson said it wasn’t only activists starting fires. “The discrepancy that I’ve seen in the reporting is that police were saying protesters were starting fires, and I see in the other reports that police launched flares that started the fires.”
The North Dakota Human Rights Coalition is in contact with Amnesty International asking for more on-the-ground observers. Additionally, Nelson believes state legislature and leadership are ignoring native input.
Another example pertains to the next “Eggs & Issues” meeting set for early December and organized by the Fargo, West Fargo, and Moorhead Chamber of Commerce, when Lieutenant Governor Drew Wrigley, Public Service Commissioner Julie Fedorchak, and Cass County Sheriff Paul Laney plan to discuss the Dakota Access Pipeline.
“They have no native representation on that panel,” Nelson said. “We’ve called on them to reconsider how they’re presenting this issue to business leaders here in the community. We’ve heard nothing in response to that. They’re having Drew Wrigley, Julie Fedorchak, and Paul Laney to present the whole story.
“I think it’s indicative 500 years of history, there isn’t more – well, there is growing national outrage, but it really hasn’t gotten legs until recently as well – it’s just really indicative of how we’ve treated indigenous people since their beginning.”
Chamber President and CEO Craig Whitney said the Chamber meeting is for informational purposes only, and that the Chamber long ago publicized its position for supporting pipelines.
“We’re still working on this, I think this has kind of taken a bizarre turn or twist, because this was never an event for a discussion on talking about whether or not we should have a pipeline or should not have a pipeline,” Whitney said. “It’s a discussion to let people know, from the lieutenant governor and the state’s point what really is going on out there.
“People have kind of twisted this to say that somebody should have a native present to debate if we should have a pipeline or not.” The meeting is not to arrange policy, but to inform the public about “what is really going on” at Standing Rock.
The monthly event is set for Tuesday, December 6 at 7:30 a.m., and is sponsored by companies such as Wells Fargo, Sanford Health, Xcel Energy, Cornerstone Bank, Bremer Bank, and costs USD 30 in advance, and USD 45 at the door.
Standing Rock activists march on Veterans Day, halt DAPL construction, 33 arrested, total arrested nears 450
By C.S. Hagen
CANNONBALL – Standing Rock activists marched on three locations early Friday morning Veterans Day, shutting down highways and rural roads, law enforcement report. A fourth march shut down Highway 6 north of St. Anthony Friday afternoon.
Approximately 30 activists were arrested, North Dakota Highway Patrol Lt. Tom Iverson said. Morton County Sheriff’s Department reported a total of 33 arrested. Work along the Dakota Access Pipeline was halted.
Law enforcement responded to reports at Backwater Bridge, where two burned-out DAPL trucks remain blocking Highway 1806, to a second location where the pipeline crosses Highway 6 south of Mandan, and to a barricade at the intersection of county roads 135 and 81, Iverson said.
“There’s a lot of things going on today,” Iverson said. “To be honest, I don’t know why they chose today, other than the fact that they do these things quite often. I do think it is quite embarrassing for them to do such things on Veterans Day, and quite frankly, they are criminal acts today, a slap in the face to all veterans. It’s absolutely ridiculous.”
Iverson reported six law enforcement vehicle tires were slashed, Dakota Access Pipeline equipment was vandalized – windows were smashed, engine lines cut, graffiti was spray-painted.
DAPL equipment spray-painted – photo provided by Morton County Sheriff’s Department
“Protesters also attempted to attack an officer with a stake, slashed tires on law enforcement vehicles, and caused damage to construction equipment,” Morton County Sheriff’s Department reported. Highway 6 was closed, 12 vehicles belonging to activists and law enforcement were towed.
“One man, wearing goggles, approached officers in a threatening manner,” Morton County Sheriff Kyle Kirchmeier said in a press release. “The individual had a stake and started to swing it at an officer. The officer responded using pepper spray to keep the individual from the police line. That individual was arrested.”
A November 1, 2016 report made public by the United Nations Chief Edward John, an expert member of the UN Permanent Forum on Indigenous Issues, says the situation is quickly resembling a war zone.
“The United States, as a demonstration of its recent commitments to protect against human rights violations, must live up to its international human rights commitments with respect to indigenous peoples and swiftly reverse its current approach of criminalizing indigenous human rights defenders – those standing up for their solemn treaty rights to lands, territories and resources and their inalienable human rights,” the report stated.
“The US must fulfill its trust responsibility and fiduciary obligations. The United States has a legal obligation and “has charged itself with moral obligations of the highest responsibility and trust’ toward Indian tribes in the United States, including the Standing Rock Sioux… especially when their lives and their cultural integrity is at stake.
“Clearly, US laws and international instruments recognize and must assure their survival as indigenous peoples and their dignity and well-being. No one should ignore, be indifferent nor run roughshod over these.”
Cut wires on DAPL equipment – photo provided by Morton County Sheriff’s Department
Most of the arrests stemmed from a blockade created at the intersection of county roads 135 and 81, Morton County Sheriff’s Department reported. “Officers believe this roadblock was set up to prevent law enforcement’s response to Highway 6. Officers ordered the individuals to remove the barricade, they refused, and approximately 30 people were arrested.”
“Some people need to look up the word peaceful in the dictionary,” Iverson said. “You can’t break the law and engage in criminal acts and claim it’s peaceful.”
DAPL workers were spotted covering up pipeline already laid east of Highway 6 early Friday morning, according to the Indigenous Environmental Network. Approximately 100 activists hurried to the scene and stopped two backhoes before the rest of the workers retreated east, toward Highway 1806, along the pipeline route.
Sheriff’s vehicles slashed tires – photo provided by Morton County Sheriff’s Department
“It’s just stopping them, stalling them, when they’ve already been asked by the Obama Administration, by the U.S. Army Corps of Engineers, and they’re just disregarding everything,” the Indigenous Environmental Network reported.
One DAPL backhoe spun circles as activists approached from Highway 6, video footage revealed. A radio tuned into the DAPL workers frequency caught snippets of conversation between the pipeline employees.
“They ain’t shuttin’ me down, somebody is fixing to get hurt,” a DAPL worker said.
“We need to go up there and slash every one of them damn tires up there,” another DAPL employee said.
“We’re just trying to put Mother Earth back.”
“They don’t care about that.”
“Those dumb sh*ts are trying to jump on a moving tractor.”
“Let ‘em do it, let ‘em do it.”
Backwater Bridge and two burned out DAPL trucks – photo by C.S. Hagen
The marches came days after Energy Transfer Partners was requested by President Obama’s Administration, and by the U.S. Army Corps of Engineers to cease construction. The Dakota Access Pipeline, nearly finished, lacks an easement to cross the Missouri River at Lake Oahe.
Recently, Energy Transfer Partners, Dakota Access LLC’s parent company, and North Dakota’s politicians whose campaigns have been supported by Bakken oil interested parties, Senator John Hoeven R-N.D., and Congressman Kevin Cramer R-N.D., have been applying pressure to the U.S. Army Corps of Engineers to authorize the easement needed to dig under the Missouri River at Lake Oahe.
Earlier this week, Energy Transfer Partners issued a statement saying in two weeks time, now approximately 10 days, the company will be drilling under the Missouri River. Already, horizontal drilling equipment is being hauled to the drill pad north of Oceti Sakowin, or Seven Council Fires camp, less than a quarter mile from the river. Energy Transfer Partners also reprimanded the U.S. Army Corps of Engineers demanding it rescind a statement that Dakota Access Pipeline had agreed to halt construction.
On Thursday, the U.S. Army Corps of Engineers struck back, saying a winter camp for Standing Rock and its supporters will be provided. The Corps asked DAPL a second time to voluntarily cease operations, but the company did not listen, the report stated.
As the numbers of arrested activists defending Standing Rock, its lands, and its waters, nears 450 in total, politicians, the military, and tribal leaders are attempting to find a solution. Last week, President Obama said a reroute of the pipeline should be on the table for discussion.
Most of Friday’s arrested were charged with obstruction of a government function, according to Morton County Sheriff’s Department. The situation on Highway 6 was reported as ongoing late Friday afternoon.
Activists at Cantapeta Creek – photo by C.S. Hagen
Curse lies on DAPL workers, Standing Rock speaks of Trump’s victory, the Dakota “Excess” Pipeline, and a return to native roots
By C.S. Hagen CANNONBALL – Winds are changing, blowing from the south. Ants are returning early to their hives. The seasons are beginning to shift counter-clockwise, former Standing Rock historic preservation officer Tim Mentz Sr. said.
“Today with the elements, they’re changing,” Mentz said. He spoke during a Standing Rock testimonial hearing at Prairie Knights Casino on Wednesday. “Natural law is changing, and the change is coming now.
“If it goes south, devastation is going to come to us in a form we can never imagine.” There will be punishment for those who have committed crimes against the earth, he said during his speech.
“If you don’t get violent, these things will be taken care of,” Mentz said. Spirits within the earth, and the ground itself, will not tolerate the desecration. “The ones that tore up all that ground, they’re going to go nuts, they’re going to go crazy, because that’s what they’ve opened up. That’s what this spirit can do.”
Tim Mentz Sr. speaks at Standing Rock hearing – photo by C.S. Hagen
During the four-hour hearing, Mentz called upon the Seventh Generation or the youth at Standing Rock to return to native roots, to sit like stones and listen to repetition – the oral teachings of the Sioux tribe handed down for generations. A native of Standing Rock, Mentz was born in a two-room log house on the Missouri River’s banks, he grew up listening to the same lessons from his grandmother.
He slept on dirt. Ate dirt. Walked barefoot on the earth.
“When your feet touch the ground, you show honor to Mother Earth.”
The generation gap, Mentz said, is due to lack of proper teachings. He described how the Lakota, Nakota, and the Dakota pray, facing east to west, and how everything in nature has a heart that beats. Years ago two prophecies were made about black snakes. The first pertained to public highways, how the system would break up community, and destroy people’s relationship with nature. The second prophecy was reiterated in 2013, and refers to the Dakota Access Pipeline’s “black snake” Standing Rock and its supporters fight today.
In the past, he said, “spirit callers” could call the buffalo with their breath, from 200 miles away. Those days need to come back, he said. Many of the elders have left Oceti Sakowin, or the Seven Council Fires camp, because some of the younger generation won’t listen.
“Those are some of the things we don’t talk about, but yet today at that camp, we should be talking about,” Mentz said. “But guess what, the young individuals there say ‘nah, that is not important.’ They don’t want to talk about the environment there, they want to get up front and confront those people standing there with those guns. They want to confront authority, not the hazard that we are in.”
Oil, Mentz said, is the earth’s blood, and frakking is sucking this life force from the ground.
“How do we preserve what we have left?” Mentz said. “If you can’t bring the older people back into this, you will lose a lot. The power of prayer that was there, that is still there, we have to bring it back.”
Signs outside of Oceti Sakowin – photo by C.S. Hagen
The pressure to defend land and water is a real, everyday concern for all gathered at Oceti Sakowin, Dallas Goldtooth, campaign organizer for the Indigenous Environmental Network said. And now with Donald J. Trump as the president elect of the United States and an investor in the Dakota Access Pipeline, the battle mat only become more difficult.
“We always knew the cards were stacked against us, no matter who is in the White House,” Goldtooth said. “Look at what we were fighting against so far and this is with Obama. At least now we know where we stand. We know where he stands, and what his priorities are. At least we have that going for us.”
Some activists at Oceti Sakowin are nervous; others are becoming more active. At approximately 2 a.m. in Boone County, three activists climbed into pipes to be used on the DAPL route, according to Red Warrior Camp. “They are still in the pipes and will be occupying indefinitely, risking their lives to protect water for us all,” the Red Warrior Camp’s statement reported.
“I’m shocked,” Jordan Roberts from Denver said. Cell phone reception at the camps is difficult, at best, and he didn’t know Trump had won the election until late Wednesday morning. “It will definitely hurt the efforts here.”
James Hanika, of Mt. Vernon, Washington, wasn’t worried. “We’re in the best place in America today,” Hanika said of Oceti Sakowin.
“It appears to be just a way to calm investors’ concerns about this pipeline being stopped on the eve of the presidential election,” Goldtooth said. “They still don’t have the easement.”
“We have so much work to do,” Standing Rock Sioux Tribe Chairman Dave Archambault II said. “In this time of uncertainty, President Obama still has the power to give our children hope. We believe halting the Dakota Access Pipeline presents a unique opportunity for President Obama to set a lasting and true legacy and respect the sovereignty and treaty rights of Standing Rock and tribal nations across America.”
Energy Transfer Partners, Dakota Access LLC’s parent company, and North Dakota’s politicians including Senator John Hoeven R-N.D., and Congressman Kevin Cramer R-N.D., have been applying pressure to the U.S. Army Corps of Engineers to authorize the easement needed to dig under the Missouri River at Lake Oahe.
Earlier this week, Energy Transfer Partners issued a statement saying in two weeks time the company will be drilling under the Missouri River. Already, horizontal drilling equipment is being hauled to the drill pad north of Oceti Sakowin, and less than a quarter mile from the river. Energy Transfer Partners also reprimanded the U.S. Army Corps of Engineers demanding it rescind its statement that Dakota Access Pipeline had agreed to halt construction.
On Thursday, the U.S. Army Corps of Engineers struck back, saying a winter camp for Standing Rock and its supporters will be provided. The Corps asked DAPL to voluntarily cease operations on November 4, but the company did not listen, the report stated.
“Our assessment is, after having visited these areas in North Dakota on multiple occasions, there are a lot of individuals who have been brought together and now find themselves under difficult conditions,” Colonel John W. Henderson said in the statement. “We again ask DAPL to voluntarily cease operations in this area as their absence will help reduce these tensions.”
Mentz wants the pipeline stopped, and said he is becoming involved again in the movement against DAPL, but he is also looking further down the road, stressing what the environmental impacts of DAPL will bring. Despite the desecration of sacred lands, and poisoning of the waters, the pipeline heralds a possible change that mankind may not come back from.
“When the animals turn white, that’s when major change to the environment is going to happen, and we are in that right now,” Mentz said. If the change is not rectified, finding their Sioux ancestors’ graves will become as difficult as chasing dirt in the wind.
Mentz was invited by nearby rancher Dave Meyer, who recently sold 20 parcels of Cannonball Ranch to Dakota Access Pipeline, to inspect lands in the pipeline’s path, he said in a September 2, 2016 lawsuit against the U.S. Army Corps of Engineers. He conducted a Class III survey along DAPL’s south side a length of two miles in early September and discovered 82 stone features and archaeological sites, with at least 27 of the sites burial grounds.
A survey conducted by the North Dakota archaeologists “yielded no evidence of human remains or significant sites,” according to Morton County Sheriff’s Department and the North Dakota State Historical Society.
“Based on my extensive experience evaluating sites on the National Register of Historic Places, it is my opinion that each of these sites unquestionably meets the criteria for inclusion in the National Register,” Mentz said in the lawsuit. One of the stone features he said is the Iyokaptan Tanka, or Big Dipper, which is rare in the Great Plains and a place where only an important chief can be buried.
Another stone effigy Mentz found was the Mato Wapiya, or Bear Medicine Healer, a sacred site where a medicine healer received his gifts, is only a few feet away from the DAPL corridor. Another site known as the Itancha, or Chiefs Dreaming Pair with Staffs, is less than one foot from the DAPL route and was a site marked for its significance of when a chief united his tribe.
Prayer circle at Oceti Sakowin – photo by C.S. Hagen
Dakota Excess Pipeline
Winona Laduke, an economist, environmentalist, and two-time vice presidential candidate for Ralph Nader’s Green Party, said the Dakota Access Pipeline from an economic standpoint was a poor investment.
Winona Laduke, executive director of Honor the Earth, speaks at Standing Rock hearing – photo by C.S. Hagen
“The Dakota Excess Pipeline – not the Dakota Access Pipeline – we refer to it as the Dakota Excess Pipeline because present production in the Bakken is at 930,931 barrels per day of oil, that is presently being served by both pipelines and oil trains. Production is now at the bottom, this is called a bust, in economic cycles.”
Production in 2019 will not get any better, Laduke said, so she questioned the need for investment in such a pipeline funneling 570,000 barrels per day. Additionally, oil trains travel to destinations the pipeline does not plan to go, eventually to Nederland, Texas for refinement, which directly negates what DAPL has been saying all along that the pipeline will decrease the amount of current road and rail traffic hauling oil in North Dakota.
“There must be a full assessment of the environmental impact, that is known as a wells-to-wheels assessment,” Laduke said. “In other words, where did the oil come from? What is the environmental impact, carbon impact, the health impact, the radiation exposure impact, the oil discharge impact, the social impact of the Bakken oil itself? This has not been discussed at any point, either by Dakota Excess Pipeline Corporation, nor the state of North Dakota.”
Many in the Peace Garden State have been enriched by the Bakken oil boom, but not the Standing Rock Sioux, Laduke said. Instead, drugs, crime, sex trafficking have found ways to infiltrate native communities.
“It is a trauma that this tribe, which has never been a beneficiary of Bakken oil, has felt, as heroin moves toward this community, as meth moves toward this community in epidemic levels not seen prior to the progressive behavior in the Bakken oil fields.”
Mexican cartels are working in the Bakken, the Bismarck Tribune reported in 2015, and that crime rates jumped nearly 8 percent from 2011 to 2012. Crime rates have tripled since the Peace Garden State’s oil boom, especially in native lands, and due primarily to the sudden influx of highly-paid oil workers living in man camps, according to the Washington Post.
And the boom now begins to take its pound of flesh, Laduke said.
In the past five years, 5.9 million gallons of oil have been spilled in the Bakken, Laduke said. Since January 2016 alone, more than 100,900 gallons of crude oil, waste oil, biosolids, natural gas, and brine have been spilled in the Bakken and surrounding areas, according to North Dakota Department of Health records. Also, 11.8 million gallons of brine, an inorganic waste product the earth cannot absorb, have been spilled in the Bakken, Laduke said.
The carbon impact and catastrophic spills are not only confined to pumping stations, as DAPL suggests, but is also evident along all transportation routes, Laduke said. She pointed to the zip code 48217 in Michigan, a predominantly black community where Marathon Petroleum Corporation refines Bakken oil. The area is the single most polluted zip code in the USA, Laduke said. “The Marathon refinery is allowed to use the sewage system… in order to dispose of its toxins.” The vast majority of people in this neighborhood have health problems, she said, and no one has ever found redress under the federal system.
“From the front to the get, we have a problem with this pipeline on the community and on health,” Laduke said. “You cannot bring 570,000 through a pipeline with a vast amount of carbon, there is at present no way to remove that carbon from the environment.”
In essence, investment in DAPL is an unhealthy waste of money, Laduke said. “It’s like you spent your money on candy when you should have bought something nutritious.”
Nah-Tes Jackson, from California, who also spoke at Wednesday’s hearing, describes himself as a feeler. He worries about the people involved in recent clashes with law enforcement, and the rifts between the elderly and the youth that are developing in the camps.
“The damage they’re causing upon the lives right now, makes me pray,” Jackson said. “Hurt can fester, and eventually control and consume. We can become so lost in our hurt that we don’t know how to heal anymore,” Jackson said. “We are all tools in this life, and we can be used for good or for bad.”
No matter the differences inside the camps, healing, and prayer is still powerful there, he said.
Jackson broke down in tears when he recalled recent violent confrontations.
“Can you imagine a mother watching her children fight, and kill each other, and then their blood spilled on her?”
Standing Rock and supporters march on Dakota Access, turned back by law enforcement
By C.S. Hagen
CANTAPETA CREEK – Activists defending water fought from inside a near-freezing creek Wednesday in a three-pronged attempt to gain access to Dakota Access Pipeline drill pad.
Early Wednesday morning, activists built a makeshift bridge to span a sixty-foot section of the creek, but law enforcement destroyed it, sparking another standoff.
Long shot at Cantapeta Creek – photo by C.S. Hagen
“Protesters are trying to gain access onto private property also known as the Cannon Ball Ranch,” Morton County Sheriff’s Department reported in a press release. “Law enforcement witnessed a group of protesters building a hand-made, wooden pedestrian bridge across Cantapeta Creek. Officers responded and ordered protesters to remove themselves from the bridge and notified them that if they cross the bridge they would be arrested.
Activist plunging into the creek – photo by C.S. Hagen
Activists chose to swim across, some standing in the chill waters for hours. Canoes paddled people back and forth. They formed a line along the creek’s bank, many with hands in the air, wrapped in space blankets for warmth, as law enforcement sprayed mace and pepper spray. Guns rose when anyone attempted to climb the muddy banks. The creek turned to a milky color from the amount of toxic sprays used to disperse the activists.
Activists at Oceti Sakowin, or the Seven Council Fires, are trapped; any access to the Dakota Access Pipeline has been blocked. Highway 1806 remains shut down. The police barricade and two DAPL truck skeletons block the highway on the north side of Backwater Bridge. While hundreds of activists attempted to cross Cantapeta Creek, more than 100 others faced off with police along Highway 1806.
The Cantapeta Creek, a tributary to the Missouri River, separates activists from the pipeline route. According to drone video footage, the 1,172-mile-long Dakota Access Pipeline has already reached the Missouri River banks, the United State’s longest waterway.
Activist at Highway 1806 barricade – photo by C.S. Hagen
Tristan Hartwell, an Arapaho from the Arapaho Red River Indian Reservation, said the water felt frozen. She emerged from the creek shaking. “The creator had an eye on me, and I’m doing this for all the people,” Hartwell said.
“Corporations have no right, we have the right to peacefully protest,” a Kansas schoolteacher named Lynne Hunter said. Sitting in a folding chair, umbrella in hand, she lectured law enforcement from the native side of the creek, “This is America. This is not Russia. You can back down.”
Activists doused bandanas with apple cider vinegar to ward off some of the sting from mace. Medics ushered in bottles of a milk of magnesia mix to help those hurting from the pepper spray and mace. Emergency vehicles responded to the standoff as well.
The air was pregnant with burning sage from smudging; pepper spray at times turned acrid on the tongue, leaving lips dry. Drums beat. Activists sang songs, cheering when someone volunteered to enter the cold creek. Some sat in the mud, hands folded in prayer. A third group attempted to draw law enforcement away by staging another action around the creek’s bend. One police officer fainted halfway through the standoff.
Andy Kader warming up – photo by C.S. Hagen
Andy Kader was given a hero’s ovation when he stumbled from the creek after staying in the water for more than an hour. He helped swimmers back and forth, made sure logs from the activists’ floating bridge didn’t impede progress.
Shaking wildly, wrapped in a space blanket near a roaring fire, medics reported he had a light case of hypothermia.
“I didn’t feel the cold because of the drums and the prayers of the people kept me going,” Kader said. One foot from the water, however, he couldn’t walk. Activists assisted him to a fire. Kader is a Mohawk, from the “People of the Flint” tribe. A large man, tattooed arms, he spoke quietly as he tried to sip water. His hands shook, making the sips difficult.
“Our water is so badly polluted from where I come from,” Kader said. “It’s already beyond repair. If I could do my little part to help my brothers and sisters from having their waters polluted as ours, it is the least I could do.”
As law enforcement began pepper spraying the activists in earnest, Pete Red Bear knelt along the native side and began a song on an elk flute. He didn’t play traditional songs, he played how the spirits led him, he said.
Pete Red Bear on elk flute – photo by C.S. Hagen
“They are very brave,” Red Bear said. “We’re all here to protect the water for all life.”
Adam Karls traveled from Sweden to assist Standing Rock. “For me this is like science fiction. This is another world for me, another planet.
“Here in this country they’re still talking about the history – make America great again, but for us, America was never great. You have to deal with your history. I have many white friends in the US, and they don’t care about this. They’re only talking about the drunk Indian, the lazy Indians, because they don’t know the history.
“They’re part of an organized structure that wants to divide everybody,” Karls said. “This is environmental racism.” Before his trip to the Peace Garden State, his friends said he was about to travel to the “Mississippi of the North,” he said.
Trump’s recall for the American Dream he sees as a joke. Many European nations are dealing with their racist pasts, for instance Germany, he said. “The American Dream works best for white rich people. I am so pissed off at my white American friends because they don’t care about this. They get angry when I talk about the past, the dirty past of the US.”
Kansas native Lynne Hunter lecturing law enforcement – photo by C.S. Hagen
The director general for the National Association for the Advancement of Indigenous People, United Nations Human Right IPO, Tushka Humoc, said he can only sit and wait for the Standing Rock Sioux Tribe and supporters to “do the right thing.
“We actually came out here to hopefully provide some remedy to this situation in an international venue,” Humoc said. For now, he can only take pictures; conduct interviews, and report back to the United Nations.
“The UN can’t do anything, because they’re US citizens by law,” Humoc said. “The moment they remove themselves from being US citizens by law, then the UN can step in and do something, because the UN has to protect the foreign nationals, whose lands are being occupied by the United States. As long as the United States has these people under BIA, they’re adhesion by Congress, so the federal government controls every aspect of their lives.”
He’s calling out for a deliberate change among indigenous people in the United States.
“They should immediately within 72 hours develop a new trust, submit it to BIA, nothing changes except the power. And now we can move these people [law enforcement] off these lands, it’s really that simple.”
Police sprayed mace and pepper spray intermittently at activists in Cantapeta Creek – photo by C.S. Hagen
Former Oklahoma Senator Enoch Kelly Haney, full-blooded Seminole and the only Native American to serve on Oklahoma Legislature, said Standing Rock’s stand against big oil has the potential to become “very dangerous.”
As an artist, he crafted a four-foot-tall bronze statue for the tribe, naming it “Standing His Ground,” and is based off the native Dog Soldier’s custom of “pinning” themselves off with sacred arrows when making a final stand, usually against greater odds.
Medics battle hypothermia and hurry to warm activist – photo by C.S. Hagen
“This is their last stand,” Haney said. “And I do hope this does start some kind of precedent in law.”
President Obama this week announced his administration was watching the Dakota Access Pipeline situation, but wanted it to “play out for several more weeks,” he said, but also stated future plans might include a reroute.
“Given the recent escalation of violence by protesters, letting the situation ‘play out’ is quite literally putting lives in danger,” Morton County Sheriff’s Department reported.
Some activists, frustrated by being trapped, said that perhaps lives is what it may take to stop the pipeline. An argument erupted among the younger generation activists after elders recalled the activists from the Cantapeta Creek.
Elderly native woman sprayed by mace, at medics – photo by C.S. Hagen
“Our warriors need to buck up,” an activist said.
“Are you scared to die?” another activist asked.
“No, I am not scared to die.”
“If they start killing innocent people you really think that the US is going to let them build that pipeline?”
“What’s your plan?”
“Let’s all go up there, let’s all go back up there.”
A bystander intervened. “If you don’t know what’s going on, go back to camp. We’re keeping them from working when we stand our ground. Let people do what they feel is right in their heart. Don’t have all this warriors fighting each other; that’s what they want. We have to keep the unity strong.”
Activist warming up after coming out of Cantapeta Creek – photo by C.S. Hagen
The Red Warrior Camp posted in an official statement said they are putting their bodies and lives on the line.
Activist praying at Cantapeta Creek – photo by C.S. Hagen
“If you live on this land, breathe the air and drink water, this is your fight too,” the Red Warriors Camp reported. The services date for the Dakota Access Pipeline is January 1, they reported.
“We are calling for two months of sustained waves of action targeting the Army Corps of Engineers, investors, pipeline companies, security firms, and elected officials who are behind this project. We need to hold these institutions, corporations, and individuals accountable and put pressure on them to stop this pipeline.
“Additionally, recognizing that we are being charged with illegal activities for simply protecting the water, we are taking back our power and charging the pipeline companies, banks, and individuals behind this project with crimes against humanity and crimes against Mother Earth. The Dakota Access Pipeline is in direct violation of the United Nation’s Declaration of Human Rights, most especially in regards to the right to security of person, the right to not be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.”
Oceti Sakowin at night – photo provided by Steve Gross
Molotov Cocktails, bridge burning, and activists say DAPL security fired weapon into crowd
By C.S. Hagen
CANNONBALL – One footstep at a time, law enforcement pushed activists south of their “line in the sand,” overrunning the “Treaty Camp,” and arresting 117 by early evening.
Approximately 250 activists held firm, singing native songs, burning sweetgrass and tobacco, against heavily armed law enforcement. Some chained themselves to approaching machinery. Others yelled back at an officer on a megaphone, who, according to the Indigenous Environmental Network, was telling activists to “stop fighting amongst themselves” and to “stop shooting arrows even if they were fake.”
Law enforcement entering “Treaty Camp – photo by Margaret Landin
By late afternoon, at least one activist was shot with a Taser in the face, activists reported; others were sprayed with pepper. By nearly 5 p.m., activist and medicine maker Sacheen Seitcham, of the West Coast Women Warrior Media Cooperative, was hit in the chest and in the knee by beanbag rounds fired by law enforcement, she said on her Facebook page. By 6 p.m., Seitcham reported law enforcement started throwing percussion bombs and smoke grenades. Shortly after 6 p.m., Seitcham reported two trucks were on fire, and Governor Jack Dalrymple reported the camp was cleared. Nearing 7 p.m., activist Francine Podenski reported that her 15-year-old nephew who had been shot off his horse was missing.
Nearing 8 p.m., activists started two fires on the Backwater Bridge, and are throwing Molotov Cocktails at law enforcement, the North Dakota Department of Emergency Services reported. Activists reported that a DAPL security employee shot at them with an AR15, the employee’s vehicle was overrun and burned.
“I’m standing here in front of tanks and armed police,” Seitcham said, “and they are advancing on us and trying to run us down. They almost ran an elder over.
“They say they don’t want to hurt us, but we don’t believe them. We’re making our stand for clean water.”
The North Dakota Department of Emergency Services reported one private person was run off the road and shot in the hand, and a woman who was being placed under arrest pulled a .38 caliber revolver and fired three shots, narrowly missing law enforcement officials. A total of ten shots were reported in the area, according to Amy Fong, public information officer for the North Dakota Department of Emergency Services.
The camp’s clearing day came one day after Hollywood movie star and activist Mark Ruffalo visited the site.
Militarized police prepare to enter “Treaty Camp” – photo by Sacheen Seitcham West Coast Women Warrior Media Cooperative
“You have a corporation and a state who’s working on behalf of a corporation to hurt our people. They’re militarized,” Ruffalo said to CNN. “This is not an emergency, this is not a national emergency. These are peaceful protesters.”
The company was asked weeks ago to voluntarily stop construction by the federal government and President Obama, and yet it hurries toward the Missouri River. “And Governor Dalrymple of North Dakota, if there’s blood on anyone’s hands, it’s on his hands.
“Let me tell you that people are really getting hurt there. It’s scary,” Ruffalo said.
By midafternoon, Humvees and other armored vehicles had infiltrated “Treaty Camp,” which is land the activists reclaimed on Sunday, October 23 under their own eminent domain actions. The land formerly belonged to the Cannon Ball Ranch, and was sold quietly to Dakota Access Pipeline, Morton County Sheriff’s Department reported. The purchase was a move some Peace Garden State officials deem questionable. DAPL crews are closing in quickly on the easement along the Missouri River, and although the U.S. Corps of Engineers has yet to give the oil company permission to construct on their lands, Kelcy Warren, Energy Transfer Partner’s CEO, has sworn repeatedly that the pipeline will be built on time.
Activists were resolute in not giving an inch of ground, but they were slowly pushed back. By 6:30 p.m., Dalrymple reported the camp was cleared. Morton County Sheriff’s Department reported activists shot twice at law enforcement.
“To the best of my knowledge we’ve had no serious injuries,” Dalrymple said in a press conference. “The situation has been well handled from start to finish. The really important point is that the sheriff’s office made it very clear that they were being asked to voluntarily go to a different location that is not private property. They had more than ample time yesterday and today to do that. So, those that did not go obviously did not intend to go and we had to deal with that as we have.”
“During the course of moving protesters south, law enforcement officers used a long range acoustic device (LRAD), which transmits a high-pitch tone and is used by law enforcement to disperse crowds,” Morton County Sheriff’s Department reported. “In addition, they they have had to deploy pepper spray due to protesters throwing projectiles at officers and refusing to comply with officer’s orders.”
For the activists, the “line in the sand” was their last stand.
Activist at the frontline – photo by Sacheen Seitcham West Coast Women Warrior Media Cooperative
An officer on the megaphone continuously shouted orders for activists to back up, not to approach officers or they would be arrested or sprayed with pepper. Some activists shouted threats, but were reminded to stay peaceful, stay in prayer. A bonfire was lit before noon, which halted law enforcement’s advance.
“The protesters are not being peaceful or prayerful,” Cass County Sheriff Paul Laney said. “Law enforcement has been very methodical in moving ahead slowly as to not escalate the situation. However, the protesters are using very dangerous means to slow us down. Their aggressive tactics include using horses, fire and trying to flank us with horses and people.”
Morton County Sheriff Kyle Kirchmeier’s threats against the activists are not empty.
“Morton County has entrusted me to uphold the law and that is exactly what I intend to do,” Kirchmeier said. “Yet I am being asked by outsiders and millionaire Hollywood actors to let agitators and rioters walk onto private property, destroy equipment, and endanger lives. And, so-called environmentalists are asking me to turn my head and allow this to happen. We have patrolled the county and enforced the law because our number one priority is public safety, separating the unlawful actors from legal protestors.
Activist chained to steering wheel – photo by Sacheen Seitcham West Coast Women Warrior Media Cooperative
“This is not about the pipeline. This is not about those who wish to legally protest. This is about the rule of law.”
A message from Shailene Woodley, also a Hollywood movie star and an activist who was arrested by Morton County Sheriff’s Department, strip-searched, and plead not guilty this week to misdemeanor charges, called for support of Standing Rock.
“We must hold firm – those at Standing Rock and we around the planet. This is just the beginning. Not an end. They are losing. The peaceful protests are working, the hate and attacks of the police and military are turning more people against them each minute. We need to continue to document and share the stories as each emerges, even as we stand with Standing Rock.”
Ethics, racism, and a cry for justice along a rural Dakota highway
By C.S. Hagen CANNONBALL – Highway 1806 is more than a road to Standing Rock activists.
The pitched hills dotted with wild sage, the roaming buffalo herds, the listless ponds hedged by crooked elms, are postcard perfect, revealing nothing of the racial hatred and violence the lands have seen in the past 200 years.
“1806 is more than the number of the highway,” Rissa Williams, an activist said. “It is the year of their mindset.”
Mindset of the Peace Garden State, Williams said.
She went to sleep in a yurt Saturday night, nervous. Woke up at 4:30 a.m. to a friend’s baby crying, nervous. Got dressed, had coffee, and geared up to face the inevitable arrival of militarized police. While heading to the front line, an eagle watched her from its nest.
“We prayed he’d watch over us,” Williams said. “We joked away our nerves, prayed and smudged, and waited. We joked about who could run the fastest. It was pretty clear that slow me would be an early arrest.”
Rissa Williams (right) and best friend – photo provided by Rissa Williams
If arrested, Williams could lose her part time job as a substitute teacher’s aide in Bismarck. She would see the sheriff’s deputy she knew from church if she was hauled to jail. How would she make bond? All these questions and more quickened her nerves. Police gathered to the west, and still she and nearly 600 others waited on lands the Lakota reclaimed under their own eminent domain laws Sunday morning.
The only way to find calm was to pray and dance, Williams said. “We danced and sang and prayed, summoning peace and courage to face whatever they had planned for us.” A young man next to her saw her faltering.
“He looked me in the eyes and saw my fear and danced right behind me until I settled down. Then I saw him and others doing the same all throughout the circle. I’ve never felt anything like that young man holding and disposing my fear and sharing his courage until I could re-find my own.”
Until now, law enforcement has yet to move in on Standing Rock’s new camp. The Standing Rock Sioux Chairman Dave Archambault II has called upon the U.S. Department of Justice for an investigation.
“The DOJ should be enlisted and expected to investigate the overwhelming reports and videos demonstrating clear strong-arm tactics, abuses and unlawful arrests by law enforcement,” Archambault said.
As the Dakota Access nears the U.S. Army Corps of Engineers’ easement along the Missouri River, state law enforcement in the past two weeks have militarized, and cracked down, frequently beating activists to action sites. Excluding a walk-through along the pipeline by some of the parties concerned last week, dialogue from both sides is nearly non-existent.
After a request for information from Governor Jack Dalrymple’s office, the office said there has been no correspondence between the governor and Archambault within the past two weeks.
Dakota Nice
Jace Riggin, a white person, who grew up with a “foot in two worlds,” on the Spirit Lake Nation reservation, is politically active in Minnesota, but calls for the U.S. Department of Justice to send officials to Standing Rock ground to provide council and protect citizen rights.
Riggin called the state’s Public Service Commission to inquire on correspondence between the government agency and the Standing Rock Sioux. “No direct letter had been sent to the tribal council, however, in their opinion the tribe was adequately notified because there was a press release sent out to tribal newspapers.”
Activist arrested and hooded – photo provided by Morton County Sheriff’s Department
Additionally, Standing Rock Sioux Tribe’s lawsuit against the U.S. Army Corps of Engineers states the tribe was not consulted properly, or treated as a sovereign nation. Activists, movie stars, chiefs of state, and journalists have been arrested on misdemeanors, stripped naked and forced to squat before admittance into Morton County Correctional Center. Attack dogs have bitten activists; children have been sprayed by mace. Charges filed by the State’s Attorney’s office are becoming felonies. Officials are demanding cash bonds for release; lawyers working pro-bono are not allowed to talk to their clients face to face, camp attorney Angela Bibens said. Cattle rustlers have killed and shot at livestock in Morton and Sioux counties, and local eyes turn toward Standing Rock. During mass arrests on Saturday, some arrested experienced hooding, which constituted torture or cruel, inhuman, or degrading treatment in violation of the United Nations Convention Against Torture. Hooding is disorientating, and keeps the victim from breathing freely, according to a 2006 shadow report by the American Civil Liberties Union and the International Committee of the Red Cross.
The old narrative against America’s indigenous described by Archambault seems to be alive and well and living in the Peace Garden State.
“We are disappointed to see that our state and congressional delegations and Governor Jack Dalrymple have failed to ensure the safety and rights of the citizens engaged in peaceful protests who were arrested on Saturday,” Archambault said in a statement. “Their lack of leadership and commitment to creating a dialogue towards a peaceful solution reflects not only the unjust historical narrative against Native Americans, but a dangerous trend in law enforcement tactics across America.”
Morton County Sheriff disagreed.
“The claim that law enforcement is escalating this situation is simply untrue,” Kirchmeier said in a press release. “The law enforcement personnel from across the state, and now across the country have shown incredible professionalism and unbelievable restraint in the face of more and more aggressive tactics and illegal activity from the protestors. As we have stated from the very beginning, we fully respect the First Amendment rights of all protestors. The protester’s rights are just as important as those of the citizens of Morton County. But they are not more important.”
A total of 269 activists have been arrested as of Tuesday afternoon, approximately ten percent of the thousands gathered near Standing Rock reservation.
Activists have long questioned police tactics, but now, North Dakota natives and Fargo city leaders are raising questions of their own.
“The Department of Justice needs to be on the ground,” Riggin said. “North Dakota is one of ten states that does not have an ethics committee, the state government is not beholden to an ethics committee. ”
Fargo City Commissioner John Strand echoed Riggin’s call. “In my personal and professional perspectives, I’d absolutely join in requesting that the U.S. Department of Justice deploy independent, expert observers to the various Dakota Access Pipeline locations where there are escalating conflicts between law enforcement and activists,” Strand said.
“As a member of the Fargo Native American Commission, and as an elected official representing all citizens of Fargo, some there on assignment and others there to support the Standing Rock Sioux Tribe, it behooves all of us to strive for a diplomatic, peaceful resolution to this complex situation.”
Why would North Dakota need an ethics commission? An ethics commission is an oversight committee that sets ethical standards, handles indictments pertaining to ethics violations, codes of conduct, and ethical guidance within a society. In a nutshell, it would be the commission or council that would check and balance governmental branches. This type of structure helps ensure public confidence in elected officials and protect citizen rights, Riggin said.
Activists en route to an action on Highway 1806 – photo by C.S. Hagen
Congress passed the First Amendment on September 25, 1789, ratified it on December 15, 1791, and its first 10 amendments form the Bill of Rights. It states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Kirchmeier maintains activists are breaking the law because they’re trespassing on private property. North Dakota Highway Patrol Captain Bryan Niewind called Saturday’s protest an unlawful riot, creating a dangerous environment.
Archambault and activists call for civil disobedience, and they’re willing to commit. Their actions along the pipeline’s route consist of prayer, song, and dance – spiritual traditions and speech that fall under the protection of the First Amendment, Archambault said.
“What are the goals of our elected officials?” Riggin said. “What are their motives?”
Currently, the ethics oversight agencies in the Peace Garden State are: the Senate Judiciary Committee, which is the standing committee of the North Dakota State Senate and is primarily responsible for elections, election privileges, and judiciary issues; the Senate Rules Committee, which is primarily responsible for investigating and studying proposed amendments to rules, and the House Judiciary Committee, whose sole function is to study bills before being brought to the House of Representatives. Over all of these, is the Secretary of State, whose duties cover a wide range of issues.
An ethics commission might give Morton County law enforcement and the Peace Garden State politicians pause, depending on who was on the ethics committee, Riggin said.
“The short answer is yes, it would help. It would help with transparency.”
Representative Corey Mock D-N.D., of Grand Forks, has been pushing for years to establish an ethics commission in the Peace Garden State. He described many instances when an ethics commission, not a committee, could have overseen justice in the Peace Garden State.
North Dakota National Guard blockading Highway 1806 – photo by Annie Gao
“North Dakota, we’re the only state in the union that does not have an ethics commission or committee, which means that if a citizen, if an official, or someone is concerned that an elected official or appointed official, someone in government, is acting unethically, may not necessarily be violating the law, but may be taking advantage of the system, gaming the system, doing things for personal gain, may or may not be legal, there is no place for either A. no place to air that concern, and B. no place for the official to defend themselves,” Mock said. “There’s no due process.”
The most regular criticism of an ethics commission is that it will create an environment for half-hearted criticisms against officials, Mock said.
“We actually do a disservice to the people and to the government by not having an oversight committee that can air the concerns, that can operate under fact and not under a presumption of guilt, and provide a little accountability to our governance.”
As of 2014, the North Dakota Legislature described policy under the recognition of ethical standards category. “The resolution of ethical problems must rest largely in the individual conscience,” meaning exactly how it sounds, Riggin said. And “…to resist influences that may bias a member’s independent judgment.”
“You hope that people look at that and their internal conscience guides them in the right direction,” Mock said. “But we can look back and see where elected officials have acted in poor judgment, and almost been rewarded for their behavior, let alone suffered any consequences.”
Such as the case of Bismarck Representative Dave Weiler, now a golf professional, who was arrested a second time in 2010 after beating his wife. He was ordered to get a psychological evaluation and counseling for domestic violence. Even after his second arrest, Bismarck folksinger Kris Kitko attempted a recall campaign against Weiler, but in July 2010 prosecutor Ladd Erickson dismissed the charge against Erickson after his wife changed her statement.
Or perhaps in 2013 when the North Dakota courts dismissed a petition lacking a handful of verified signatures, and then later dismissed an appeal led by Grand Forks Attorney David Thompson saying the state’s governor was guilty of bribery related to oil industry donations to his campaign.
“This is a cesspool, and that’s not an understatement,” Thompson said about the state of the Peace Garden State. In a news story featuring North Dakota’s oil boom in the New York Times, Thompson said Dalrymple was guilty of accepting bribes. “North Dakota is a hugely defective setup,” Thompson said in the article. “Our elected officials regulate companies they get contributions from and companies they own stock in. Nobody ever recuses himself; they just vote.”
Elected officials should recuse themselves from a legislative vote if they’re financially invested or if their campaigns are being financed by, for example, big oil, Mock said.
“An ethics committee or commission would absolutely be the place for those complaints to be investigated and properly vetted,” Mock said.
An ethics committee differs from an ethics commission. A committee would be an internal level of oversight, where a commission would be larger panel of elected and appointed officials, medical, legal, forensic, and law enforcement experts, who would investigate and make recommendations.
For now, however, any person in North Dakota with a valid complaint against an official must first take the case to the related department’s supervisor, then to the governor’s office, or to the county, and then if needed to the state’s attorney general.
As of November 2015, the Peace Garden State had no laws restricting the use of campaign funds, and received an overall D-rating from The Center for Public Integrity. The state received F-grades for lobbying disclosure, ethics enforcement agencies, state pension fund management, state civil service management, executive and legislative accountability, and public access to information, according to the center. Later, the Peace Garden State stepped up, a little, claiming 37th place in the nation.
“We certainly do not hold up well when we are analyzed by independent groups, as they’re analyzing North Dakota and how we handle challenges internally, we score very poorly when it comes to ethics and oversight,” Mock said.
“When outsiders and North Dakotans truly look at our laws they go, ‘How is this possible?” A citizen’s only recourse boils down to hoping for criminal charges, or circulating information among the rumor mill, Mock said.
Attorney Chase Iron Eyes said an ethics commission in the Peace Garden State must be created.
“It’s like anything, if you don’t have enforceable ethics, we can expect more of the same,” Iron Eyes said. Iron Eyes is also running for congress against Kevin Cramer R-N.D., who is supported heavily by big oil interests, and recently met with the U.S. Army Corps of Engineers to try to hurry the pipeline toward the Missouri River. “More politicians are bought out by big oil. They can’t bite the hand that feeds them.”
The state’s legislative document continues: “Not using the member’s official position to obtain financial gain for the member, the member’s family, or a business associate or to secure privileges or exemptions in direct contravention of the public interest.”
And so, the Cartesian Wheel turns, over and over, Iron Eyes said, a repetition that resembles a “revolving door” of companies influencing politicians who influence state departments who legislate law that all too easily oppresses people.
“If there is a heightened ethical stance for attorneys, then it should be the same for politicians.”
If a government official was found to be in violation of ethics, which in the Peace Garden State would be difficult to prove, especially since the House needs a two-thirds majority vote to impeach an elected person – in a state as Republican red as North Dakota – there would be little punishment, Riggin said.
“What this means they would be removed from office, shamed, and if they did not break the law they would not be punished in any other way.”
Riggin has traveled to Standing Rock, and over the weekend college students from Gustavus Adolphus College volunteered to donate a fully winterized tent to the camps. After recent events, the college decided the trip was not safe enough for the school to fund, reviewing it on a level with overseas excursions. The students decided the trip had to be made. They fundraised, and made the trip mostly on their own dime.
Standing Rock Sioux Tribe flag, Highway 1806 in background – photo by C.S. Hagen
Riggin also stressed that his Lutheran perspective and deep faith have led him to speak out. “As Lutherans, the Social Statement on Care for Creation and the Repudiation of the Doctrine of Discovery cry for us to stand with Standing Rock,” Riggin said. Furthermore, he sees the media playing a detrimental role in events playing out along the Dakota Access Pipeline.
He also sees the media playing a detrimental role in events playing out along the Dakota Access Pipeline as well. “I cannot allow the Fargo Forum to spread the narrative that they are,” Riggin said. “I have seen the Fargo Forum turn from a reputable news source that was trusted, to give North Dakotans unbiased information, to the Fargo Forum today that has very clearly demonstrated by continuously publishing Rob Port, and I will name him, that they are not interested in unbiased journalism, and they are not interested in representing the hopes, needs, and concerns of the native people at Standing Rock.”
Local Color
For weeks, media and elected officials have been trying to link activists to cattle rustlers in Morton County after the North Dakota Stockmen’s Association reported 30 missing cattle, two dead saddle horses, three dead bison, and four dead cows. Some of the cattle were found butchered in Sioux County, according to the NDSA.
“We’re still following up on every lead we get,” NDSA Chief Brand Inspector Stan Misek said. “But we haven’t found any of them yet.” Including the 30 head of cattle that activists reported were found, are still missing, Misek said.
Misek added that people are wary, and law enforcement is frequently on patrol in Sioux County.
On October 18, the NDSA reported the North Dakota Congressional Delegation, including senators Heidi Heitkamp R-N.D., John Hoeven R-N.D., and Cramer, denounced the news of butchered livestock near Cannonball, insinuating that activists in the area were involved. The delegation asked for reinforcements from the federal government, and blamed the crime on President Obama’s Administration as well.
“The Administration is to blame for this senseless act,” Cramer said. “Unfortunately, the President and his bureaucrats will be able to hide behind sovereign immunity, providing no means for civil relief from those who are most at fault.”
In an article entitled Accusation of Missing Livestock Made Against Standing Rock Water Protectors Hindered By Reality, writer Larae Meadows denied the insinuation and accusations against Native Americans, citing the difficulties of such crimes due to constant police surveillance and local topography.
“In order to move a heard of cattle from the Sacred Stone Camp to any other camp, the Water Protectors would have to sneak out of camp, slip 30 cattle past two helicopters, a plane, several dozen police officers and federal agents, past a police outpost, and hide them in plain sight of all the law enforcement agencies. In full view of thousands of phone cameras, law enforcement and media, protectors would have to slaughter the cows in camp and afterward eat, preserve, or store all the meat.
“To move one cow at a time or a couple of bison, the water protectors would have to slip past the massive security thirty times.”
In addition, the Lakota Sioux vehemently denied killing a horse, as horses are prized, and to kill one is considered “an extremely serious offense.”
On October 17, AM 1090 KTGO The Flag radio station featured a St. Anthony rancher, Doug Hille.
“Doug Hille, who is a resident down there by the Dakota Access Pipeline,” the show’s host, Dennis Lindahl, greeted Hille. “Good morning, Doug.”
“Good morning, how are you?”
“Excellent. Thank you for taking time out of your busy day to join us,” Lindahl said. “And so, you know, I read the story about the cattle that’s missing, and some of the butchered cattle that’s happening, from your perspective, what’s going on down there?”
“It’s really something that’s disturbing, because all along when this thing first started fences were cut, cattle were run off, all kinds of other things were happening,” Hille said. “It’s just one more step in the harassment, and uh, the uh, I’m searching for the proper word… the people hate anybody who doesn’t agree with their cause.
“I find something even more appalling than them going out stealing butchering and harassing cattle, and there’s a little bit of checking to be done. Most of the food pantries in Bismarck and Mandan have been stripped. And these people have a 850,000-dollar ‘go-free’ account for anybody who gets thrown in jail. They’re immediately bailed out with this account, and this bothers the hell out of me.”
“That is absolutely unbelievable, that’s an angle we have not heard before,” Lindahl said. Lindahl asked what was local reaction to indigenous people saying their land was stolen.
“It’s saber rattling,” Hille said. “It’s threatening… It’s not comfortable. Do they want to open up the Indian Wars of the 1870s and 80s? I don’t know.”
The Sioux, Hille went on to say, were basically lazy people, they would steal, hunt, and pillage, and they never prepared for winter.
“We need to [make them] somehow integrate themselves into society. Right now they have no self worth.”
Lindahl responded saying natives have a low standard of living, and do not understand the value of a “good day’s hard work. We’re battling culture, it’s not race, and I think when people on that side, the other side of the opinion, when they try to take it down to the lowest rung of the ladder and say that it’s race, I think they’re really, really mistaken… It’s not about race, its about some people don’t know the value of work.”
“I agree with that,” Hille said. “For generations, there has not been hardly anybody available to mentor these people.” Generations of welfare cases put in the corner means the reservation system doesn’t work, Hille said.
“If that means giving us financial hardship, giving us a hard time… that’s what they’ll do. It’s just appalling the depths that these people will go to for their cause… They’ve lost control of the camp. I can’t feel sorry for the Standing Rock people; they brought this on themselves. Most of us have lost our tolerance for the Native Americans. Sorry. It’s called racial profiling or whatever you want as much as we try, it’s going to be hard.”
The continuing story in the fight spearheaded by the Standing Rock Sioux Tribe against Big Oil to save water and sacred indigenous lands in North Dakota
By C.S. Hagen BIG CAMP, ND – Centuries before the discovery of oil, a hungry bear lumbered into a forest and began gorging on all the huckleberries it could find, according to ancient Native American legends. The forest animals took notice, and held council, for without huckleberries a vital part of the forest would surely be lost.
After reaching a decision the forest animals timidly approached the bear and warned it to stop before the damage was irreparable; a price had to be paid. The bear needed to give something back for the carnage it created.
“But all I have is my fur and my claws,” the bear said.
“You must give up your eyesight,” the animals said.
The bear agreed, and to this day the tender, versatile fruit has an eye on every berry, and bears have never regained the eyesight they once had.
Told late at night in Big Camp, short hikes from the Camp of the Sacred Stone and Red Warriors Camp outside of Cannon Ball, the legend is the difference between life and death to the largest gathering of Native American tribes in 140 years. Not since the Battle of the Greasy Grass or Custer’s Last Stand, have the Great Sioux Nation’s Seven Council Fires, or the Oceti Sakowin, been united.
Activist wielding a rifle used during the Battle of the Greasy Grass (Custer’s Last Stand). When asked to give up the weapon, the activist did without question. – photo by C.S. Hagen
In addition, more than 200 tribes, 100 social groups and associations, at times exceeding 5,000 people of all nationalities, are not only protecting water, now they’re protecting land. Smaller camps have been established along rural roads; scouts are tirelessly on the lookout for Dakota Access activity.
On September 3, activists say Dakota Access Pipeline orchestrated a “sneak attack” that desecrated two miles of Native American burial grounds. Allegedly, an Ohio-based dog breeding and training company, known by netizens as Frost Kennels, attempted to ward off the protesters – men, women, and children – with mace and trained attack dogs. Mercenaries, activists called them. Altercations ensued, Morton County Sheriff’s Department reported, but activists say only after security personnel allegedly pushed attack dogs into the crowds. At least six activists, including a young woman bit on the breast and one child who broke out in a rash after being hit in the face with mace, sought medical help, activists said.
Activists forced security personnel to retreat after the attacks ensued. Frost Kennels admitted their personnel were at the Dakota Access Pipeline area on Facebook.
“They provoked everything that happened,” Standing Rock Sioux Chairman Dave Archambault II said. “We are not violent, but when you have companies provoking, it is hard to keep going. It’s time to stop infringing on indigenous rights.”
Law enforcement watched from a nearby hill, activists said.
“They didn’t try to deescalate either side,” Dale “Happi” Americanhorse Jr. said. “What happened on Saturday, it was hateful.”
The day after the altercation, Standing Rock Sioux tribe asked the U.S. District Court for the District of Columbia to grant a temporary restraining order against Dakota Access, which was partially granted by U.S. Judge James Boasberg. The U.S. Army Corps of Engineers, on whose land the altercation took place, did not oppose the issuance of the restraining order.
“This is a peace and prayer camp, we’re not here to start World War III,” Greg Cournoyer Jr., a councilman for the Yankton Sioux tribe said. The Yankton Sioux Tribe filed a lawsuit in federal court on September 8, according to Native News. With Cournoyer stood a fifth generation descendant of Colonel George Armstrong Custer, Whitney Custer, who has Cheyenne blood. From Kansas, she could not stay at the camp long as sixth generation Custers waited for her at home.
Whitney Custer, fifth generation descendant of Colonel George Custer – photo by C.S. Hagen
Although 140 years ago the Sioux soundly defeated and killed her cavalier ancestor, Custer felt nothing but acceptance from the Native Americans at Big Camp.
“I have been welcomed with happiness,” Custer said. “They’ve treated me like family, I feel very welcome.”
As soon as she stopped speaking, a mosquito-like buzz filled the air. Everyone looked up and pointed toward a circling drone. Sightings of helicopters and airplanes are commonplace, but activists now face the U.S. military. In preparation for the U.S. District Court for the District of Columbia decision on an injunction filed by Standing Rock Sioux Tribe to stop work along the pipeline, Governor Jack Dalrymple called in the North Dakota National Guard. Boasberg’s long-awaited decision on Friday favored the Dakota Access Pipeline, and the company was legally allowed to continue work.
“It is now clear and obvious the fight needs to be moved from Morton County to a courtroom in Washington, D.C.,” Morton County Commissioner Cody Schulz said.
US Presidential Candidate Dr. Jill Stein spray painting “I approve this message” on Dakota Access equipment – photo provided by Morton County Sheriff’s Department
Near Cannon Ball, however, local and state law enforcement officials have had their hands full, arresting 68 activists since the protests began, and have issued warrants for presidential candidate Dr. Jill Stein, and her running mate, Ajamu Baraka.
On Friday, Stein posted on her Twitter account, “Why is an arrest warrant out for me and @ajamubaraka, instead of Big Oil and the state of North Dakota?”
To ease some of law enforcement’s pressures along Highway 1806, on September 8 Dalrymple called in the military to act in a limited capacity, bolstering traffic checks and assisting law enforcement. The road is now open to the public, Archambault said, but the military presence did not disturb nor dismay him.
The day of the attack dogs, activists defending themselves – photo provided by Morton County Sheriff’s Department
“The National Guard is not going to come here to the camps,” Archambault said. “The governor is trying to alleviate some of the pressures on local law enforcement.”
“Our mission is, and in this situation is the right approach, is to have guardsmen in support of law enforcement, and let law enforcement deals with those who break the law,” Major General Alan Dohrmann of the North Dakota National Guard said during a press conference.
Not long after the news of Standing Rock’s failed petition for an injunction against Dakota Access, President Obama’s Administration and the U.S. Army Corps of Engineers surprised both sides by issuing a statement that they no longer allowed Dakota Access to work on the U.S. Corps of Engineers’ lands, according to a U.S. Department of Justice press release.
“Important issues raised by the Standing Rock Sioux Tribe and other tribal nations and their members regarding the Dakota Access pipeline specifically, and pipeline-related decision-making generally, remain. Therefore, the Department of the Army, the Department of Justice, and the Department of the Interior will take the following steps.”
No authorization will be given to Dakota Access on land bordering or under Lake Oahe, a distance of 20 miles in all directions, until determinations can be made whether reconsiderations of previous decisions should be made.
“Construction on the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time.”
Additionally, the Standing Rock Sioux tribe has “highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects.” All tribes were invited for government-to-government consultations this upcoming fall, according to the U.S. Department of Justice news release.
“It is now incumbent on all of us to develop a path forward that serves the broadest public interest,” the U.S. Army Corps of Engineers stated.
Congressman Kevin Cramer, R-N.D., called the Obama Administration’s move unfair and confusing and that the issue “deserved peaceful resolution that honors rights of lawful commerce,” in his weekly message. Senator Heidi Heitkamp, D-N.D., said the move was painful and disappointing, and offered “no light at the end of the tunnel for North Dakotans.”
In response to the alleged dog attacks, the State of North Dakota Private Investigation and Security Board has also began investigating complaints made against the private security company involved, its use of attack dogs, and if the company was authorized to work in North Dakota, counsel for the State of North Dakota Private Investigation and Security Board Monte Rogneby said.
Fargo City Commissioner John Strand spent the day after the dog attacks at Big Camp, he said, and attended ritual services performed by Native Americans there. He traveled to the area for personal reasons, and in the capacity of a Native American Commissioner, of which he has been a member for nearly three years.
“I think there have been mistakes made on both sides,” Strand said. “And that’s not necessarily surprising. On the state side we’ve done some things that have exacerbated the situation.”
Strand understands the skepticism many Native Americans have toward state and federal governments, he said.
“Don’t live in the past, or we will jaundice our views, but if we do look at the past, we need to look all the way back. Let’s meet each other, eye to eye, every chance we can. Let’s understand each other every chance we can.”
Spending time at the camps was an experience Strand will never forget, and he encouraged anyone interested to travel to Cannon Ball area to learn about what is happening.
Standing Rock Sioux Chairman Dave Archambault II – photo by C.S. Hagen
Colorful tents, horses, vehicles, and people spanned the plains behind Archambault as he addressed media representatives from national news agencies and talk shows. Flags from more than 180 tribes snapped briskly under the prairie wind. Volunteers chopped firewood, manned kitchens. Loudspeakers announced the arrival of a new tribe supporting the cause. Along the Missouri River’s banks, canoes filled with Native Americans from Alaska, Hawaii, Washington, and elsewhere docked.
Thousands, fists raised, cheered.
“There is a spirit awakening,” Archambault said.
The spirits of eagles, which have been seen flying over the camp, or the buffalo, which roam nearby, and even the spirit of thunder bringing rain on September 7, dampening the ground and halting pipeline construction workers, Angela Bibens, the camp volunteer attorney said.
“What they did, is a crime scene,” Bibens said. “Genocidal violence. They knew what they were doing, it was a sneak attack, and this is a profound expression of sovereignty here.”
Activist Joanne Spotted Bear giving a speech – photo by C.S. Hagen
Sovereignty. The legal battles that have gone nearly unnoticed by many for hundreds of years, Archambault said. Too many times federal agencies have violated the U.S. Constitution, Article VI, activist Seven Thunders from Cheyenne River said. The U.S. Constitution article states all treaties made under the authority of the United States are the supreme law of the land, which would include the Fort Laramie Treaty of 1851 giving indigenous peoples permanent rights to defined territories. The altercation took place on the U.S. Corps of Engineers land, taken from the Standing Rock Sioux tribe in the 1940s during dam construction projects.
The “black snake,” as activists call the Dakota Access Pipeline, its Wall Street and government investors, its oil drillers, and pipe layers, have taken too much from the earth, and are not heeding the warnings to give something back, Archambault said.
“Energy Transfer, who has zero human rights policies, made the decision to dig up sacred land,” Achambault said. “But if the judge rules in our favor, it’s ok. If the judge rules in their favor, it’s not the end.” He plans, through the tribe’s law firm Earthjustice, an environmental law organization, to appeal the decision.
Morton Count Sheriff’s Department sees the weeks’ events, including the altercation led by attack dogs, as a serious danger.
“A group of protesters launched a march from their camp located on U.S. Army Corps of Engineers land to where construction was taking place on the Dakota Access Pipeline, on private property,” the Morton County Sheriff’s Department stated in a news release. “They stampeded into the construction area with horses, dogs, and vehicles.”
Four security personnel were assaulted; one was take to a Bismarck hospital. Two security K-9s were also treated for injuries.
“This was more like a riot than a protest,” Morton County Sheriff Kyle L. Kirchmeier said in a press release.
“There is a legal analysis that we are squatting,” Bibens said. “But when we are forcibly removed from our lands it’s like cutting off our own umbilical chords.”
“The state is trying to get us to stoop to their level,” Cody Two Bears, a Standing Rock councilman said. “And if we do that, then we are no better than they are.”
Ronald and Eric Day from Washington hailing departing canoes along the Missouri River – photo by C.S. Hagen
Dakota Access LLC has removed equipment from U.S. Army Corps of Engineers land, officials said, but not far enough away to satisfy activists. On Tuesday morning, approximately 50 law enforcement officers from Morton County Sheriff’s Department, the North Dakota Highway Patrol, and other law enforcement agencies, arrested 22 activists north of I-94 at exit 20 near Mandan, according to the Morton County Sheriff’s Department press release. Twenty activists were charged with criminal trespass and two were found bound to equipment, charged with disorderly conduct, and hindering law enforcement, according to the press release.
Eight more activists were arrested Wednesday, two men were charged with reckless endangerment, a felony, and could face up to give years and or a USD 10,000 fine, according to Morton County Sheriff’s Department.
South of 1-94 near Mandan where 22 activists were arrested Tuesday, September 13, 2016 – photo provided by Morton County Sheriff’s Department
“Drunk Indian is Dead”
Americanhorse, known by friends as Happi, doesn’t see himself as the local hero he has become in online headlines and print media. He’s well spoken, peaceful in presence, commanding a quiet authority with his six-foot tall, 250-pound frame. Like many his age, he doesn’t know his native language, but intends to learn.
On August 31, the 26-year-old Sicangu-Oglala Lakota warrior pushed aside his fears, and leapt onto an excavator, forcing the driver to shut down the engine – in accordance with OSHA regulations. Fortunately for Americanhorse, the driver walked away, saying he got paid whether he worked or not. Wrapping his arms around a part of the machinery, he chained himself with a plastic pipe smothered in tar. For six hours, law enforcement tried hacksaws, crane lifts, pondered how to disassemble the machinery before he was freed.
And then he was arrested.
Dale “Happi” Americanhorse Jr. wearing the same clothes and bandana he wore after chaining himself to Dakota Access machinery. Photo taken at Shane Balkowitsch Studio while he was posing for a wet plate. – photo by C.S. Hagen
Most netizens applauded his bravery. A few made comments to cut off his arms, or use a bone saw.
To Americanhorse, the pending court date is a small price to pay to protect water and land. “My main focus is this fight, and it’s all over the continent, in fact it’s all over the world,” he said. “When we’re done with this fight, and we’re going to win this fight, I am going to go look for allies that came here who have their own problems and I want to be able to sit there with them and fight those fights, whatever it is they’re fighting just in solidarity for them doing the same with me.”
Americanhorse while chained to a Dakota Access excavator – online sources
Not in seven generations have Native Americans come together in such strength, he said. Old grudges have been cast aside. Daily, tribal leaders stretching from one coast of North America to the other stand to speak before the hundreds, sometimes thousands gathered. One of the most historical moments was when the Crow tribe, one of the Sioux’s oldest enemies, arrived at camp in a show of support.
Historically, the US government has tried to eradicate Native American culture, Carina Miller, a councilwoman from the Warm Springs Tribe in Oregon, said. She heeded the call to rise at 5 a.m.
“Get up. They’re back,” someone in the darkness called out. “Get up. They’re back.”
She jumped into her “pony,” a 2010 Chevy Cobalt, with friends and drove to the site, but company workers could not proceed; the ground was too wet.
Miller grew up on a reservation, the local school district did not allow her to learn her own language, and she feels the government tried to erase her and her tribe.
Activists after taking control of excavation equipment – photo provided by Morton County Sheriff’s Department
“They pit us against each other, breaking treaties, trying to wipe us out,” Miller said. “People need to understand history.” Today, her tribe fights Nestle over water bottling rights on Native American land in Oregon, she said. The gathering of so many indigenous nations has brought her hope for her homeland.
“It’s a really strong and powerful presence,” Americanhorse said. “It feels like it is going to be a lot easier for us to work together. If we can establish a way we can work together here, then in the future when another issue comes up, something threatening another indigenous tribe, we can get together.”
The road to becomming involved in the fight to protect water and sacred lands wasn’t easy, but in the end, the decision to give up his old life was. All roads pointed to Sacred Stone Camp. As a child in the public school system in Colorado, Americanhorse was shunned both by white people and other indigenous tribes, like the Utes and the Navajo, he said. He learned to shy away from outsider help, grew up with violence and chaos. Drank on the weekends.
In town, he has to constantly stay on the lookout for out-of-town pickup trucks. Where there are work trucks, man camps cannot be far away in western North Dakota. Where there are man camps, there are the cartels. And where there are cartels, sex trafficking, methamphetamine dealers, not to mention frustrated men with too much money, are in abundance.
“They prey on the indigenous women,” he said. “It’s not talked about, because they’re up here in North Dakota where everyone is supposed to be making all this money, but nobody really cares.”
He said indigenous towns such as Cannon Ball, have monstrous problems with teenage suicide, methamphetamine use, and a desperation that can be known only to the downtrodden.
“It’s weird when it comes to race,” he said. “The race issue for me was a pretty big thing. I thought all white people were racists.”
Americanhorse’s mother was the one who offered a helping hand, slyly roping him into fighting pipelines, he said. She introduced him to horses, and then to the KXL pipeline fight.
“At first I didn’t want to be there, I didn’t want to help. But that was the first step, going to the pipeline and to that fight was my first step in the right direction.”
But after the KXL pipeline project was defeated, he returned home. Went back to his normal jobs, sometimes as an assistant manager at Dominoes, at other times a casino in Colorado.
“I was walking in a world and a reality where I was worried about a certain image of me. I didn’t really think of where things came from or how they were made, and I didn’t think of the environment that much.”
His second step, he said, came when he watched a Sundance – a Native American spiritual ceremony where participants pierce their flesh with roped hooks tied to a tree. They perform ritual dances around the tree until the hooks fall out.
“You cannot bring negative thoughts to a Sundance,” he said. The experience changed his thoughts on his lifestyle, and led him to horses.
“My mother roped me in again,” he said. “I kept meeting people active against pipelines.”
She introduced him to a horse whisperer, not far from the Sacred Stone Camp. There, he learned how to approach a horse, how to groom them, how to saddle a horse, and how to ride. He now owns a two-year-old Blue Roan named Guardian, part Dakota, part Choctaw. It was after learning about horses that he decided to become involved in his second pipeline fight, the Dakota Access Pipeline. What was supposed to be a short visit has become a struggle he will not leave until it is finished.
At first, no more than fifteen people lived at the Sacred Stone Camp. With only USD 3,000 in support, they watched the excavators push aside what was once their tribe’s soil. “We couldn’t do anything at first,” he said. “We didn’t have the numbers.”
Americanhorse simulating oil in his hands at Shane Balkowitsch Studio in Bismarck – photo by C.S. Hagen
Sometimes Americanhorse went for two days without sleep. Camp life is hard, especially as their numbers grew quickly through the popularity of social media. Daily, he and others ensure activists have shelter, warmth, food, proper tents, firewood, and clean water. A school for children has been setup, a library as well. Medical crews are on constant standby to help the elderly or the sick. The Dakota prairie is mostly barren of vegetables and trees, so he gathers driftwood for fuel, and depends on donations to survive.
Smaller camps along the so-called front lines have been setup. Before sunrise, September 8, activists wearing bandanas over their faces returned from scouting maneuvers along the pipeline’s planned route. Some activists burned braided sweetgrass and waved the smoke over themselves before missions; for the company was watching them, just as they were watching the company, activists said.
They’re organized, committed, and prepared to be arrested.
Rope stretched across the highway was used to slow traffic. Any fence knocked down was quickly rebuilt. Trash was collected in buckets. Porta-potties, food, and much needed coffee were brought from Big Camp to keep the front-liners as refreshed as possible. During the quieter times, some along the front line nap, or read books. Others warm themselves around a fire sipping hot drinks and discussing recent events. Any time a two-way radio growled to life, they become instantly alert, listening for action.
Despite the hardships of camp life, or perhaps more appropriately because of it, Americanhorse found his calling.
“Being out here made me want to be more involved in this life. I want to bring our culture back to the people, our ways of life in modern day.”
Squash drying by Winona Kasto – photo by C.S. Hagen
He has also learned that not all white people are racists. In addition to the thousands of Native Americans, others from all walks of life have begun committing their time, money, and for some, their personal freedoms to protect water, and now indigenous land. “It has been through fighting pipelines that I learned to be more open minded to everything.”
Like all Native Americans, Americanhorse understands oil is important to modern society. He knows that oil also must go from point A to point B, to be refined, and then shipped across the globe. But Bakken crude will never travel under the Missouri River, where Dakota Access plans the pipe to run. More monies and research needs to be poured into alternative forms of research pertaining to solar and wind powers, he said, instead of bolstering a dangerous addiction to fossil fuels with a pipeline that will one day leak.
“You cannot ignore this many nations coming together,” Americanhorse said. “You can’t see that and challenge it. This billion-dollar industry has never seen anything like this before.” Losing this fight, for Americanhorse, is not an option.
“There are more people involved in this fight than you know, and this pipeline is affecting a lot of people.”
Some of the activists are weekend warriors. Some are drifters, traveling by car, by bus, by hitching rides. Others like Richard Fisher, half African American and half Native American, gave up his 19-dollar-an-hour job in Sisseton, South Dakota to volunteer in the camp’s kitchen.
Richard Fisher, a volunteer cook from South Dakota preparing evening meal – photo by C.S. Hagen
“I was born for this,” Fisher said. He stirred a cauldron of chili for the camp’s evening meal. “My dad was a Black Panther and my mother was with AIM.”
One of the camp’s head chefs and a traditional cook, Winona Kasto, is in charge of feeding any hungry mouth that comes her way. “It’s never ending, but it’s not tiring,” she said. “I came here because of the need to feed the people.” Usually, Kasto cooks wojapi, or a berry pudding, prepares dried squash, dried corn, stews, traditional native food, and in her spare time, if she can find any, holds classes for the youth to learn old indigenous recipes.
Americanhorse has given up his old way of life as well and returned to one much older. When there are no more pipelines or other issues to fight, he plans to raise horses, help his mother on her ranch where she owns breeds whose bloodlines can be traced to Sitting Bull’s herd.
Everywhere in the camp people are smiling, introducing themselves. Children play cops and robbers, volleyball, basketball to pass the calmer moments. Native American drummers sing traditional songs from all corners. At night, dozens gather around the fire at the Sacred Circle to pray and dance, a tradition that was once banned inside the United States.
Cooks at Big Camp, Winona Kasto, traditional cook, at right – photo by C.S. Hagen
“The drunk Indian is dead,” Americanhorse said. “There are a lot more people going in the cultural ways. I see the healing. I look forward to seeing other cultures come up and bring their structures up, and that way witness other cultural presences from every other nation.”
Americanhorse’s story is endemic among many Native Americans gathered outside of Cannon Ball. Far too many appear to come from troubled childhoods, addictions, and are searching for identity. Like confessions, their stories are told nightly around the Sacred Fire. They are returning to their roots and ancestral traditions, and discovering for the first time a peace they’ve never known before, while at the same time learning to accept all cultures.
One canoe rower spoke to a crowd of onlookers before pulling into the Missouri River.
“When you pull an oar you dig deep. It hurts, but it is supposed to.” The repetitive movement, not unlike meditation and prayer, helped him heal from a troubled childhood, he said.
“This is a very historical event, foretold by our elders that the Seventh Generation would rise up,” Layha Spoonhunter, an eastern Shoshone said. “We are seeing that here, and in many ways, we’ve already won. We’re going to win with the prayers and the songs that have been offered here, that is our strength and that will take us to victory.”
Oil Profiteers
Seventeen worldwide banks and financial institutions are backing Energy Transfer Partners, the parent company of Dakota Access LLP, according to the Food and Water Watch. The banks include: Citibank, Morgan Stanley, JPMorgan Chase & Co., Wells Fargo, Credit Suisse, DNB Capital, Royal Bank of Canada, US Bank, BNP Paribus, Royal Bank of Scotland, TD Securities, ABN AMRO, Philadelphia’s DNB First Bank, ICBC London, SMBC Nico Securities, and Societe Generale, and they’ve extended a USD 3.75 billion credit line. More than thirty other banks are provided general financing for Sunoco Logistics Partners LP and Energy Transfer Partners.
Standing Rock Sioux Tribe flag with ever-present helicopter in distance – photo by C.S. Hagen
Dakota Access LLC is a joint venture between Phillips 66 and Energy Transfer Partners LP, and recently Sunoco Logistics Partners LP, Enbridge, and Marathon Oil purchased up to 37 percent stake in the pipeline.
“I think it is important to see the forces behind this particular pipeline as the same forces behind numerous other pipelines across the country, both to support fracking for tight oil as well as fracking for shell gas all toward maximizing production of oil and gas, when the science is clear we need to maximize what we keep in the ground,” Hugh MacMillan, a senior researcher for Food and Water Watch said.
“If you ask Morgan Stanley, they said a year ago that the oil producers are getting into ‘prison shape,’ and without irony,” MacMillan said the company reported in 2015. “So, you know, this is a long-term, these are long-term investments from the banks. They fully expect the United States to maximize its production of oil and gas through widespread fracking.”
Investors do not only include banks. Politicians are also involved.
Senator John Hoeven, R-N.D., a member of the U.S. Senate Committee on Indian Affairs, has invested in companies involved in the Bakken oil patch, including Energy Transfer Partners and the San Antonio-based independent petroleum refining company Valero Energy Corporation, both for up to USD 250,000, and not less than USD 100,001, according to the United States Senate. Hoeven has also invested up to USD 100,000 in Kinder Morgan Inc., an energy infrastructure company, and up to USD 1,000 in Kinder Morgan Energy Partners, a subsidiary of Kinder Morgan. Additionally, investments of up to USD 250,000 were made with Union Pacific Corp., a crude rail transporter, and up to USD 250,000 in CSX Corp, which is a North Dakota crude rail carrier, according to the U.S. Senate. Hundreds of thousands of dollars have been invested by Hoeven into oil wells owned by Whiting Petroleum Corporation and ExxonMobil, and both companies have donated to Hoeven’s 2016 senate campaign, according to Open Secrets.org, Center for Responsive Politics.
Hoeven, who was known for his support of TransCanada’s Keystone XL tar sands pipeline, and supports building the Dakota Access Pipeline, also has personally 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. Continental Resources, Inc., the company which is ran by its CEO, Harold Hamm, a campaign energy adviser to Republican presidential candidate Donald Trump, owns 17 of the wells.
Additionally, in 2016, Continental Resources, Inc. contributed USD 10,200 to Hoeven’s campaign, and since 2010 Hamm with his former wife Sue contributed USD 8,000 to Hoeven, according to Oil Change International’s Dirty Energy Money database. ExxonMobil contributed USD 10,000, and Whiting Petroleum Corporation has contributed USD 2,750 to Hoeven’s 2016 senate campaign.
“It is certainly a confluence of interests,” MacMillan said. “They would argue it is not a conflict of interest because it’s all in the public interest. He’s obviously up there talking about what a wonderful thing all this fracking is in North Dakota. Has an attitude of ‘get off my back, we’re doing a good job,’ but when coupled with investing in these wells, it doesn’t look so good.”
Hoeven said he sold his shares in Energy Transfer in 2015, but owns other shares in other energy companies. He does not see his investments as a conflict of interest and has “always been a strong supporter of energy development in our state and across the country.
“We need to build infrastructure to move energy safely and efficiently and modern pipelines continue to be the safest way to move oil and gas around the country,” Hoeven said.
North Dakota’s “wild west” oil boom kept the state afloat during recent economic downturns, but the real national and state costs are only beginning to show, researchers report.
Native American activist, or water protector, during rally – photo by C.S. Hagen
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.
High levels of ammonium, selenium, lead, and salts have been found in the soil; streams have been polluted by wastewater, which contain contaminants, according to the study. Soil along spill sites has also been contaminated with radium, a radioactive element.
“Many smaller spills have also occurred on tribal lands, and as far as we know, no one is monitoring them,” Avner Vengosh, a researcher and a professor of Earth and Ocean Sciences at Duke University said. “People who live on the reservations are being left to wonder how it might affect their land, water, health and way of life.”
The spills are primarily coming from pipelines in the Bakken area, he said. The spill areas have not affected reservoirs for human drinking water, but some are close. Everyone shudders when news of an oil spill breaks headlines; brine spills are far more frightening, he said.
“Nature cannot heal from inorganic brine spills,” Vengosh said. “The contaminants are going to stay. You can dilute and over time this will help, but the actual concentration will remain.”
In other words, areas where the brine spills have occurred in the Bakken region must be completely removed and disposed of. Radiation, which could spread by wild animals, is another concern that is difficult to control.
“And the more wells you drill, the more spill you have,” Vengosh said.
In 2014, one of North Dakota’s largest spills sent approximately one million gallons of brine into Bear Den Bay on the Fort Berthold Reservation, a quarter mile upstream from a drinking water intake on Lake Sakakawea, according to the report.
More recently in 2015, CSX Corp train carrying hazardous materials derailed in Kentucky, and in 2014 a CSX Corp train hauling North Dakota crude derailed, bursting into flames in West Virginia, spilling more than 800 barrels into the James River.
Transporting crude oil by rail or by truck is in decline, analysts say, primarily due to costs. Pipelines are cheaper. Since 2010, however, more than 3,300 incidents of crude oil and liquefied natural gas leaks or ruptures have occurred in pipelines within the United States, according to the Center for Effective Government. The incidents have killed 80 people, injured 389, and have created $2.8 billion in damages, not to mention the lingering effect on humans, and the release of toxic chemicals into soil, waterways, and air. Nearly one third of the spills since 2010 came from pipelines carrying crude oil, as the Dakota Access Pipeline plans to carry.
Researchers say more money and attention needs to focus on alternative energy sources, and not bolstering old methods for burning fossil fuels.
“The solutions are there, not just for producing renewable energy, but for conservation and efficiency,” MacMillan said. “It’s just a matter of building it out. We don’t have the commitments from state and federal governments or private sectors to sink the money to make that happen.”
Native American canoe rowing toward Camp of the Sacred Rock on Missouri River – photo by C.S. Hagen
The main force behind the Dakota Access Pipeline is the founder of Energy Transfer Partners, Kelcy Warren, worth USD 7.3 billion, according to Bloomberg.
Warren’s fortunes have come from transporting crude oil others pull from underground, according to Bloomberg. His mansion, a 23,000-square-foot home on 10 acres of land in north Dallas features 13 bathrooms, a chip-and-putt green, a pole-vault pit, a four-lane bowling alley, and a 200-seat theater. On his ranch near Austin, he raises giraffes, javelinas, and Asian oxen. He also ranches in eastern Texas and southwest Colorado, has a house on Lake Tahoe, and an island off the coast of Honduras.
“To be where we are today, it’s like a dream,” Warren said in the May 18, 2015 Bloomberg article. “I swear to God, I almost think we did it without anybody noticing.”
The Dakota Access Pipeline began in May 2016, and if finished will snake through the states of North Dakota, South Dakota, Iowa, and Illinois, where it will join up with a second 774-mile pipeline to Nederland, Texas. More than 570,000 barrels of Bakken crude oil will pass through the pipeline per day if it is finished third quarter 2016, according to the U.S. Army Corps of Engineers.
The upside-down flag symbolizes distress, yet some activists are calling for the flag to be turned upright. – photo by C.S. Hagen
