Standing Rock: Pipeline Construction Continues

Drone footage (2:20) from December 9 shows construction continuing on the DAPL. It is clear that Energy Transfer Partners is determined to get this thing built, despite court rulings, despite not having a permit to drill, despite the weather.

[video:https://www.youtube.com/watch?v=H29qvq4FB50&feature=youtu.be]

According to statements in court in Washington, DC, on December 9, ETP is losing $20 million a week because of the delays. I'm delighted to hear that, and we should keep throwing every roadblock possible in their way. The company had asked the court to fast-track the decision-making process on the permit. The judge did speed it up a little, but nowhere near what ETP wanted. There is now a series of dates in January and February when filings need to happen. It's not an all-out win for NoDAPL but delays are our friend.

Take Action

Because of the problems that C99 had yesterday, there wasn't as much activity here as usual. I'm therefore going to link to yesterday's essay that has the three most important action items for Standing Rock supporters right now.
1. Send money (rather than actual supplies)
2. Move your money out of the banks funding DAPL
3. Call the ND Department of Transportation to get them to remove the blockade from the Backwater Bridge (even more important now because of weather problems)

road sign.JPG

Staying or Going?

Many people are confused about the mixed messages coming from the Standing Rock tribal leadership, the Sacred Stone camp leadership, and the Oceti Sakowin camp leadership (these are all different groups of people with different politics). Here's my attempt to unpack what's happening.

There are about 800-1000 people still in the Oceti Sakowin camp. They are mostly indigenous folks who live there year 'round and who are experienced with surviving in the severe winter weather in ND. They continue to winterize and adapt. For example, the portapotties were frozen and therefore nonfunctional. Most of them have been removed, and composting toilets and latrines are replacing them.

Most other people have left, some in response to Standing Rock Sioux Chairman Dave Archambault's suggestion that they go home, some because they couldn't deal with the weather, some because their allotted time was up and they had commitments elsewhere. Very few people who were actually at Oceti Sakowin believe that the fight is over. They know it's not, and those who remain are committed to staying until the drilling equipment is removed and the "black snake is ripped from the earth."

A coalition statement from Honor the Earth, the International Indigenous Youth Council, the Indigenous Environmental Network, and Sacred Stone Camp says (it is worth reading in full; my bold in quotes below):

we support the tribe’s request for a transition and are working with many different groups to design and implement that transition in a good way – one that honors our ceremonial responsibilities, the sacrifices we have made to be here, and the deep commitment we have each made to defend the land. We ask anyone that is considering traveling to join the encampments at Standing Rock to stay home for now and instead take bold action in your local communities to force investors to divest from the project.

We also support those who choose to stay, if they are able to live comfortably and self-sufficiently through a winter in the Great Plains. We support the Sacred Stone Camp, the original encampment established in opposition to the pipeline back on April 1st, 2016. This community space was opened on Ladonna Bravebull Allard’s private land and will continue through the winter. Rest assured, LaDonna is not going anywhere. “I have not changed my mind. We stand until the black snake is dead,” she said yesterday. But due to limited space and infrastructure, there is no longer an open call for people to come join Sacred Stone Camp unless personally invited.

We absolutely cannot let this transition break us apart. We must stay together, we must keep building momentum. As warriors, we must be flexible and agile. We must adapt to shifting circumstances without pause.

The Lakota People's Law Project also released a statement (Dec. 7)

We ask this of you in order to conserve resources. Bringing in wood, and other essential life supporting goods, is now much more complicated. For those who want to come [to Oceti Sakowin], be prepared for arctic conditions, we can't stress this enough. Be ready to contribute to the survival and safety of the camp in a significant way daily, be abundant in spirit and ready to share. Bring wood, plan to work. We need cooks, medics, builders/repair-persons, people dedicated to the survival of the community, for the coming storms. Bring weather-ready vehicles, 4x4 trucks and trailers, snow-ready vehicles.

Dallas Goldtooth (in a "Fuck Colonialism" t-shirt; 14 mins) and Kandi Mossett (12 mins, video below) both recorded video updates that are worth watching. They analyze where the struggle is now, what the court cases and the other events mean, other struggles around the country that we can be working on, and they both talk about the situation at the camps.

[video:https://www.youtube.com/watch?v=GtxE-rD9q6g]

Speaking of local fights, some people in Florida are working against the Sabal Trail Pipeline. One veteran was arrested there yesterday. The wonderful part of this is hearing the "Water Is Life" chants. The movement is spreading!
[video:https://youtu.be/7HzDwxK8arY]

Link to the links (regularly updated): How to Help Standing Rock: Links for Donations, Phone Numbers to Call, Talking Points

water is life pregnant woman banner.JPG

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Lookout's picture

Have you heard anything about allowing Lake Oahe to fill, preventing drilling and possibly flooding the Oceti Sakowin camp?

A little long at 16 min but interesting approach if true.
[video:https://www.youtube.com/watch?v=FvzQUYZNkjY]

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“Until justice rolls down like water and righteousness like a mighty stream.”

blazinAZ's picture

What I have heard is that someone -- maybe the ACOE? -- is claiming that releasing water from a dam upstream will flood the drilling site, making it impossible for ETP to bore under the river. I am not an engineer, but I think this is bs, since the plan all along has been to drill under the water.

I think that the flooding will actually damage the water protectors, since the land where Oceti Sakowin currently stands will be either partially or completely submerged under water. This would uproot the camp, disperse the energy, and I don't think it will be a good thing.

I don't, however, know what the source of the rumor is, nor do I know who would make the decision to release additional water from the dam, or when that might happen.

My sweetie, who grew up on the Navajo Nation, has very bad memories of the ACOE flooding his ancestral lands. They've never recovered.

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There is no justice in America, but it is the fight for justice that sustains you.
--Amiri Baraka

the orders which are being ignored and ask for action?

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"The justness of individual land right is not justifiable to those to whom the land by right of first claim collectively belonged"

blazinAZ's picture

There are so many court cases ongoing that it's hard to know which one is having a hearing. The Lakota People's Law Project is a pretty good source, but they're slow to update their website.

The main problem here, imo, is that the policing organizations (the sheriff, the cops, the National Guard) are not enforcing the law even-handedly (surprise!) and are working with the company's mercenaries, so even though the DAPL may be acting illegally, the cops don't care. That's why the blockade is still in place on Highway 1806. There's no legitimate reason for it to be there, and it's creating a danger to the people who can't use that route, but the cops are supporting the company and so it remains.

I suppose that Obama and the DOJ could step in to enforce the court's rulings, but they're not going to. It's just more proof that "law enforcement" is only about keeping the little people in their place, not about fairness or justice or compliance with court rulings.

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There is no justice in America, but it is the fight for justice that sustains you.
--Amiri Baraka

Courts, in general, don't like having their orders ignored and have the power to command those in the executive branch, cops, to enforce the order if violation comes to their attention. But, we live in corrupt times and I was curious about the status.

I have donated to Honor the Earth for a few years and am continuing to do so since they have a presence there.

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"The justness of individual land right is not justifiable to those to whom the land by right of first claim collectively belonged"

blazinAZ's picture

I really appreciate your thoughtful attention to my essays and your support for the water protectors.

In peace,
blaze

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There is no justice in America, but it is the fight for justice that sustains you.
--Amiri Baraka

to me as maintaining clean water and air and beginning to right the wrongs the capitalist society has inflicted on American Indians over the centuries. When treaties are only honored by one side it shows that the dominant culture cannot act in good faith even to the point of ignoring its governing document, the Constitution.

"The justness of individual land right is not justifiable to those to whom the land by right of first claim collectively belonged"

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"The justness of individual land right is not justifiable to those to whom the land by right of first claim collectively belonged"

snoopydawg's picture

stop working, and if not who does?
I know that Obama has the power to send in any organization to make them stop, but I know that he won't.
Remember he let BP spray corexit everywhere after he told them to stop.
What good is an order to stop drilling because you don't have the permits to do so if there's isn't anyone who will make them comply?
That's why I thought telling people to go home wasn't a good idea until the machinery was removed.
What are the people who stayed doing to stop the drilling if they can't get anywhere near the drilling site?

I watched the video and she said that they have drilled on their property (not sure who 'their) is, but they stopped drilling when they reached the lake. I suppose that any more drilling will be on the Tribe's land?
At least the drilling company is losing $20 million a day because of the delay and I've read that if they don't meet the deadline of 1/1/17, many investors have the option to pull their funding.
What hasn't been being reported anywhere is in the other places that there is drilling going on, those companies have illegally used eminent domain to take away people's property.
Bush signed a federal signing statement saying that eminent domain could only be used if it benefits the community.
So Obama is once again letting foreign banks break the law and illegally take people's lands.
Has he stood up to anyone or any corporation during his tenure?
He's let the republicans run all over him, but even that was kabuki bullshit because he wanted what the republicans wanted. Remember how many times he gave them more than they were asking for.
What a wasted 8 years for main stream Americans. The rest made our very well.

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Which AIPAC/MIC/pharma/bank bought politician are you going to vote for? Don’t be surprised when nothing changes.

tenure?"

No, but he has stood up for any corporation during his tenure.

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"The justness of individual land right is not justifiable to those to whom the land by right of first claim collectively belonged"

blazinAZ's picture

As I just wrote in a comment above, I do think that Obama and the DOJ could act to enforce the ACOE's ruling and the court ruling, but I agree with you that they won't do that.

My interpretation of what Kandi said is that the pipeline has been dug on Sioux treaty land and they have been unable to stop it. But Lake Oahe is considered "federal" land and so the ACOE has jurisdiction over the act of drilling under the lake. That is the easement that is required, but which was not granted (the premature celebration on Dec. 4). The court hearing yesterday was ETP trying to get that ruling overturned. Luckily, they didn't succeed, but there are more hearings in January and February.

I completely agree about the eminent domain issue. It has gotten some coverage but not enough.There are still court cases in Iowa that haven't been decided, so there's still some hope there.

In terms of what the people who are staying can do, since they can't get to the drilling site -- They will do what they've been doing all along: bearing witness, praying, pushing to get the cops to stand down, and using the court system and other avenues, including social media.

The indigenous people I know take a much longer view than most of us. It's not just about this one pipeline. They have been fighting against the stealing of their land and resources for 500 years, and they will continue to fight. This time, I'm glad that there are more of us non-indigenous people who are standing with them.

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There is no justice in America, but it is the fight for justice that sustains you.
--Amiri Baraka

snoopydawg's picture

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Which AIPAC/MIC/pharma/bank bought politician are you going to vote for? Don’t be surprised when nothing changes.

snoopydawg's picture

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Which AIPAC/MIC/pharma/bank bought politician are you going to vote for? Don’t be surprised when nothing changes.

MsGrin's picture

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'What we are left with is an agency mandated to ensure transparency and disclosure that is actually working to keep the public in the dark' - Ann M. Ravel, former FEC member