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Opposition outside the courts was swift and strong as well. On the campaign trail, Biden vowed to cancel the Keystone XL cross-border permit should he win the presidencyand on his first day in office, he made good on that promise. TransCanada's plan to dig a trench and bury part of its $7 billion, 1,700-mile Keystone XL pipeline right through this land has unearthed a host of Native American opposition, resentments and . The tribes filed a response to TransCanadas motion for summary judgment and a memorandum in support of their own motion for partial summary judgment. Hearings on the motion to dismiss were held Thursday, September 12, 2019, in the United States District Court for the District of Montana, Great Falls Division. July: The State Department extends its review of Keystone, saying they need more time for review before a final environmental impact assessment can be released. The decision echoed a seven-year State Department review process with EPA input that concluded the pipeline would fail to serve national interests. The KXL phase of the pipeline cuts directly through the traditional homelands of our client tribes. TransCanada's plan to dig a trench and bury part of its $7 billion, 1,700-mile Keystone XL pipeline right through this land has unearthed a host of Native opposition, resentments and ghosts of the . For those of you that will not be able to attend, I ask that you submit a letter about your concerns and in support of our lawsuit. TransCanada ignores the threat that this influx of people creates during the COVID-19 pandemic. This portion of the pipeline is called the Gulf Coast Pipeline. It would increase mining by accelerating the production and transportation of crude oil. By that point, Keystone XL faced an unfriendly administration, numerous legal challenges, declining oil prices, worsening climate impacts, and a growing movement of climate organizersalong the pipelines route and around the worldunwilling to look the other way. Rosebud Sioux Tribe President Rodney M. Bordeaux spoke to the KXL issue, In approving the Keystone XL pipeline, the federal government repeatedly ignored treaty rights, tribal sovereignty, and widespread opposition to push forward the interests of a foreign oil and gas company. In their permit application, TransCanada agreed to abide by tribal laws and regulation, which they have failed to do. The KXL order was issued on Wednesday as part of the first wave of Biden's promised environmental justice and climate action policies, which include rejoining the Paris agreement and halting. Culver City is a city in Los Angeles County, California. Neither the president nor wealthy foreign corporations are above the laws of our country. Snaking its way from Alberta to Nebraska, the pipeline would cross the United States-Canada border in Philips County, Montana, directly adjacent to Blaine County and the Fort Belknap Indian Reservation. Dealing in tar sands oil is an expensive endeavor. Share. A study set between the years 2007 and 2010 found that pipelines carrying tar sands oil spilled three times more per mile than pipelines carrying conventional crude oil. President Bidens executive order was a landmark achievement and a sigh of relief for indigenous and environmental activists alike. This is one of the reasons for the lawsuit. The 1868 Treaty of Ft. Laramie and other federal laws requires Rosebud consent to cross Rosebud territory. President Trump tried to go around the courts, the laws, and the will of the American people, in order to put a foreign-owned pipeline on tribal lands, said NARF Staff Attorney Natalie Landreth. Even worse, building Keystone XL would have meant enduring those risks just to send the fuel to our overseas rivalsand the profits to Big Oil. In the meantime, the court issued an injunction pursuant to the Clean Water Act in another case that prevents TransCanada from crossing any rivers. The United States District Court for the District of Montana recently accepted an amended complaint in what will now be known as Rosebud Sioux Tribe v. Trump (formerly Rosebud Sioux Tribe v. US Dept of State). NARF will not allow the US government to ignore or forget the agreements made with tribal nations. Between the years of 1778 and 1871 alone, the United States government has signed over 370 treaties with different indigenous nations, nearly all of which promised peace, defined land boundaries, and protection of land, water, and hunting rights. We are thrilled that the project has been canceled.. Instead, despite the danger to tribal citizens and all of the people living in the area, TransCanada is pushing to quickly build as much of the pipeline as possible. But, the President must comply with the Treaties, and TC Energy must comply with Rosebud law. So this is a complete win for the tribes on the motions to dismiss. Construction has begun despite the fact that there are three lawsuits currently going on. NRDC.org stories are available for online republication by news media outlets or nonprofits under these conditions: The writer(s) must be credited with a byline; you must note prominently that the story was originally published by NRDC.org and link to the original; the story cannot be edited (beyond simple things such as time and place elements, style, and grammar); you cant resell the story in any form or grant republishing rights to other outlets; you cant republish our material wholesale or automaticallyyou need to select stories individually; you can't republish the photos or graphics on our site without specific permission; you should drop us a note to let us know when youve used one of our stories. The spill, more than 400,000 gallons of unprocessed crude, is the seventh largest on-shore spill since 2002. Because of the highly corrosive and acidic nature of the tar sands oil, there contains a higher likelihood that the pipeline will leak. Today, as in the past, the Rosebud Sioux Tribe and the Fort Belknap Indian Community drink the water that comes from the rivers and the ground sources to provide for their communities. But the groundswell of public protest was up against a formidable opponenthundreds of millions spent on lobbying by the fossil fuel industry. The new complaint in Rosebud Sioux Tribe v. Trump responds to President Trumps March 29 presidential permit. You'll receive your first NRDC action alert and They have laws protecting their water and those laws must be respected. Rosebud Sioux Tribe President Rodney M. Bordeaux responded to the announcement, This is great news for the Tribes who have been fighting to protect our people and our lands. It was expected to transport 830,000 barrels of Alberta tar sands oil per day to refineries on the Gulf Coast of Texas. Frighteningly, the KXL pipeline design would only detect 13,000 barrels (535,000 gallons) of tar sands crude leaked in a 24-hour period. The company behind the controversial Keystone XL project that President Joe Biden effectively killed on his first day of office had an oil spill record "worse than the national average" over a. Only until November 18, 2019, you can comment on the KXL Supplementary Environmental Impact Statement (SEIS). Of course, they can then use this ongoing construction as justification for allowing the project to proceed whether or not the project is legal. January: Obama rejects the Keystone Pipeline, saying the December bill did not allow enough time to review the new route. The cost is too high. However, maps now reveal that the pipeline will cross tribal lands and water suppliesso the pipeline and the president MUST comply with tribal laws and treaties. Indigenous leaders are encouraging him to go even further and cancel more controversial fossil fuel projects, such as the Dakota Access pipeline. For more than a decade, we've fought to keep this filthy fossil fuel from being dredged up and piped through the United States. Less than two years before the project was finally pulled, the Keystone tar sands pipeline was temporarily shut down after a spill in North Dakota of reportedly more than 378,000 gallons in late October 2019. NARF Staff Attorney Matthew Campbell responded to the action, The Rosebud Sioux Tribe and Fort Belknap Indian Community have both poured tremendous effort and resources to defend their treaty rights and the safety of their tribal communities during the last few years. Yes, Trump has green-lighted the controversial Keystone XL pipeline. The era of building fossil fuel pipelines without scrutiny of their potential impact on climate change and on local communities is over, Swift says. TransCanada agreed to abide by tribal law. Tribes and the United States government sign Treaties of Fort Laramie establishing respective territories. When you sign up you'll become a member of NRDC's Activist Network. We would score a victory, and it would have huge ramifications for holding off construction at critical times, says NRDC attorney Cecilia Segal, who has worked on KXL litigation since 2017. These lands are Indian lands. DAPL may be underway, but the water protectors at Standing Rock taught us a lot about going up against the fossil fuel industry. Public documents about extractive projects are often difficult to find and hard to read. TransCanada has begun construction of the Keystone XL pipeline near the Rosebud Reservation, just a week after the Rosebud Sioux Tribe (Sicangu Lakota Oyate) and the Fort Belknap Indian Community (Assiniboine (Nakoda) and Gros Ventre (Aaniiih) Tribes) sued the Trump Administration for its illegal approval of the pipeline. A study published in early 2020, co-authored by TC Energys own scientists, found that the anti-corrosion coating on the projects pipes was damaged from being stored outside and exposed to the elements for the last decade, notes NRDC senior attorney Jaclyn Prange, who spent years working on KXL litigation. Now TransCanada (TC Energy) wants to add more miles to their leaky Keystone Pipeline. On Friday, December 20, 2019, NARF and their clients, the Rosebud Sioux Tribe and the Fort Belknap Indian Community (the Tribes) received some great news from a Montana court. Since it first went into operation in 2010, TC Energys original Keystone Pipeline System has leaked more than a dozen times; one incident in North Dakota sent a 60-foot, 21,000-gallon geyser of tar sands oil spewing into the air. Good Luck Persuading These Nebraskans, The Dirty Fight Over Canadian Tar Sands Oil, 10 Threats from the Canadian Tar Sands Industry, The Dakota Access Pipeline Fight Fuels Battles Across the Country, Still No Approved Route for KXL in Nebraska, Meet Jane Kleeb: One of Nebraskas First and Fiercest KXL Opponents, Why We Must Stop the Flow of Tar Sands Oil, Win! Between the threat of sexual violence and contraction of the coronoavirus, arrival of KXL construction workers in our homelands poses deadlier risks than ever before and must be stopped. It's derived from a sludgy, sticky deposit found beneath the wilds of northern Albertas boreal forest. It was first initiated in 2010, and Indigenous activists protested for a decade against its construction. Jessica Ravitz, CNN. And when tar sands oil does spill, its more difficult to clean up than conventional crude because it immediately sinks to the bottom of the waterway. June-July: Increased opposition to Keystone XL includes legislators and scientists speaking out against the project; the Environmental Protection Agency questions the need for the pipeline extension. February : The Keystone-Cushing Phase 2 of the pipeline goes online. This interactive tool is a powerful visual for Indigenous communities and our allies along the KXL route. All construction was stopped. To that end, the government must examine the potential impact of pipeline construction and man-camps on Native people, especially women and children. Revoking the Trump administrations illegal permit is a necessary first step towards fixing this situation, Fort Belknap Indian Community President Andrew Werk Jr. explained. Last month, the Keystone base pipeline spilled in Missouri; while the spill was caught early and a small amount of crude was lost, the fact that it spilled speaks volumes to the safety of such projects going forward. The U.S. Senate approves a bill to build Keystone XL. NARF and our clients are confident in our claims against the construction of the pipeline, and we are optimistic the court will not allow this case to be dismissed. This is not a pipeline to America, said the late civil rights activist Julian Bond, among the many arrested. The U.S. Environmental Protection Agency (EPA) initially stated that, on a wells-to-wheels basis, tar sands oil emits 17 percent more carbon than other types of crude, but several years later, the State Department revised this number upward, stating that the emissions could be 5 percent to 20 percent higher than previously indicated. That means burdening the planet with an extra 178.3 million metric tons of greenhouse gas emissions annually, the same impact as 38.5 million passenger vehicles or 45.8 coal-fired power plants. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Boulder, CO (303) 447-8760 And the risk that Keystone XL would have spilled was heightened because of the extended time the pipe segments were left sitting outside in stockpiles. The Keystone Pipeline System is an oil pipeline system in Canada and the United States, commissioned in 2010 and owned by TC EnergyAs of March 2020, the Government of Alberta. The obligation of the United States to uphold those treaties is paramount, and Keystone XLs current path cannot be approved without the Siangu Lakotas consent. In an unprecedented action, President Trump has attempted to circumvent the law by issuing TransCanada yet another presidential permit for the Keystone XL pipeline. The one filed by Rosebud Sioux last week cites the fact that the Trump Administration has not undertaken any analysis of: trust obligations, the potential impact on tribal hunting and fishing rights, the potential impacts on the Rosebud Sioux Tribes unique water system, the potential impact of spills on tribal citizens, or the potential impact on cultural sites in the path of the pipeline. But environmental reviews by both the Obama and Trump administrations concluded that the Keystone XL pipeline would not have lowered gasoline prices. We will not dishonor our relatives and unnecessarily endanger our health, safety, and wellbeing. The Keystone XL Developer's Position TransCanada, a Canadian corporation, owns or has interests in $48 billion of long-life assets primarily pipelines and power-generation facilities in Canada, the United States and Mexico and is expected to see $38 billion in new projects completed by the end of this decade 18. Together with the Fort Belknap Indian Community, we brought a lawsuit to stop the construction of the Keystone XL pipeline through our territories. The pipeline would cross less than 100 miles from the headquarters of the Fort Belknap Indian Reservation and run directly through sacred and historic sites as well as the ancestral lands of the Gros Ventre and Assiniboine Tribes. The Tribes filed this amended complaint (1) to stop the President from trying to circumvent the court and (2) to add claims against TC Energy Corp. (formerly TransCanada Corp.) because maps now show the pipeline corridor crossing tribal territory and water supplies.