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The United States will start taxing solar panel imports.

The Federal Energy Regulatory Commission granted the PennEast Pipeline its certificate of public convenience and necessity on Friday, which also allows the company to acquire land through eminent domain.

The proposed $1 billion pipeline would run nearly 120 miles from Pennsylvania to New Jersey and transport up to 1 billion cubic feet of natural gas a day. Its opponents say it would threaten the health and safety of nearby communities and endanger natural and historic resources. Proponents maintain that the pipeline is an economic boon that will lower energy costs for residents.

After getting the OK from FERC, the company moved up its estimated in-service date to 2019, with construction to begin this year. But it won’t necessarily be an easy road ahead. The pipeline still needs permits from the State of New Jersey, Army Corps of Engineers, and the Delaware River Basin Commission. And while Chris Christie was a big fan of the pipeline, newly elected Governor Phil Murphy ran a campaign promising a green agenda and has already voiced opposition.

Pipeline opponents are demonstrating this afternoon and taking the developers to court. “It’s just the beginning. New Jersey doesn’t need or want this damaging pipeline, and has the power to stop it when it faces a more stringent state review,” Tom Gilbert, campaign director of the New Jersey Conservation Foundation, said in a statement.

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The United States will start taxing solar panel imports.

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What’s Ryan Zinke been up to lately?

The Federal Energy Regulatory Commission granted the PennEast Pipeline its certificate of public convenience and necessity on Friday, which also allows the company to acquire land through eminent domain.

The proposed $1 billion pipeline would run nearly 120 miles from Pennsylvania to New Jersey and transport up to 1 billion cubic feet of natural gas a day. Its opponents say it would threaten the health and safety of nearby communities and endanger natural and historic resources. Proponents maintain that the pipeline is an economic boon that will lower energy costs for residents.

After getting the OK from FERC, the company moved up its estimated in-service date to 2019, with construction to begin this year. But it won’t necessarily be an easy road ahead. The pipeline still needs permits from the State of New Jersey, Army Corps of Engineers, and the Delaware River Basin Commission. And while Chris Christie was a big fan of the pipeline, newly elected Governor Phil Murphy ran a campaign promising a green agenda and has already voiced opposition.

Pipeline opponents are demonstrating this afternoon and taking the developers to court. “It’s just the beginning. New Jersey doesn’t need or want this damaging pipeline, and has the power to stop it when it faces a more stringent state review,” Tom Gilbert, campaign director of the New Jersey Conservation Foundation, said in a statement.

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What’s Ryan Zinke been up to lately?

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Harvey’s record rains triggered Houston dams to overflow

In 1935, a storm swept through Houston, turning parts of the city into a lake. It was a wake-up call to city officials; they needed to get serious about flood control. About a decade later, the U.S. Army Corps of Engineers finished building two massive reservoirs west and upstream of the city. For the better part of a century, the Addicks and Barker dams have held back water that would have otherwise surged through Buffalo Bayou, the flood-prone waterway that snakes through downtown Houston before dumping into the Ship Channel.

This week, for the second time in as many years, a storm has pushed the Addicks and Barker dams to their limit. Early Monday morning, as Tropical Storm Harvey lingered over Houston and drowned whole swaths of the city, the Army Corps of Engineers began controlled releases from the dams, the first time they’ve done so during a major storm. By Monday afternoon, several neighborhoods near the reservoirs were under voluntary or mandatory evacuation as officials announced that releases from Addicks and Barker would continue for the foreseeable future. By early Tuesday morning, Addicks had topped the dam’s 108-foot spillway, leading to what officials call “uncontrolled releases” from the reservoir. Some homes could be inundated for a month.

Harris County Flood Control District meteorologist Jeff Linder called the releases the least-worst decision officials could make in light of floodwaters that continue to fill the reservoirs faster than they can safely drain. “If you are upstream of the reservoir, the worst is not over,” Linder said at a Monday afternoon press conference, warning that “water is going to be inundating areas that have currently not been inundated.” When someone asked him, via Twitter, whether the dams could break and trigger a Katrina-like disaster, Linder offered a one-word response: “No.”

That assurance comes despite the Corps of Engineers labeling the dams an “extremely high risk of catastrophic failure” after a 2009 storm that saw only a fraction of the rain Harvey poured on Houston this week. Officials insist that the hair-raising label has more to do with the breathtaking consequences of any major dam failure upstream of the country’s fourth-largest city than the actual likelihood of such a breach. In 2012, they detailed how a dam failure during a major storm would cause a multi-billion dollar disaster that turns the city into Waterworld.

Still, the Corps in recent years has implemented only piecemeal fixes to the earthen dams, including a $75 million upgrade that was underway before Harvey hit this weekend. Officials are barely even discussing how to fund a third reservoir that some experts say the region desperately needs.

This is the second year in a row that severe floodwaters have tested Addicks and Barker. Just last year, during 2016’s so-called Tax Day Flood, for the first time, the reservoirs hit and surpassed the level of a 100-year flood. That happened again this weekend, meaning the dams have seen two extremely rare flood events (at least one-in-a-100-year events) in just as many years. Last year was also the first time the National Weather Service ever issued a flood warning for the Addicks and Barker watersheds.

The dams are in some ways emblematic of how flood planning in the Bayou City hasn’t kept up with the region’s booming population and development, even as experts predict that climate change will dump increasingly severe storms on Houston’s doorstep with greater frequency. They were built in a region of water-absorbing prairie grasses that have in recent years been paved over by water-impermeable parking lots, driveways and suburban streets. The Sierra Club even sued the Corps in a failed attempt to stop construction on a nearby stretch of the Grand Parkway, a major toll road project that some opposed fearing it would coax development in an area that’s critical to the region’s flood control efforts.

Still, as the Texas Tribune and ProPublica pointed out in this 2016 investigation, Houston-area flood officials refuse to connect the region’s flooding problems to poorly planned development. As a result, every year people will keep building hundreds, if not thousands, of additional structures in Harris County’s 100-year floodplains, even as those “rare” storms start to hit year after year.

In a Monday press conference, Edmond Russo, an engineer with the Corps’ Galveston district, said officials wanted to keep high water from building up and going over the Addicks and Barker spillways, “because in that case, we do not have control over the water.” He’d hoped releases would stay low enough so that the already overtaxed Buffalo Bayou stays at the same level in the short term. In the long term, officials say it could take one to three months to totally drain the reservoirs.

Of course, that all depends on what happens in the coming days. Updating reporters on the reservoirs’ status Monday evening, Linder said more heavy rainfall or levee breaches upstream could change how fast the dams must release water downstream.

“Our infrastructure is certainly being tested to its limits,” Linder said.

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Harvey’s record rains triggered Houston dams to overflow

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Here’s how the Standing Rock Sioux will keep fighting Dakota Access — in court

By some accounts, the fight against the Dakota Access Pipeline now looks unwinnable. Standing Rock became a ghost town last week after police raided and razed the prayer camp that once hosted thousands of water protectors. Earlier this month, the Trump administration fast-tracked approval to build the final section of the pipeline and cancelled the environmental impact statement ordered by President Obama. Construction is nearing completion and oil could flow through the pipeline as early as March 6. For the Standing Rock Sioux Tribe, time is running out — fast.

The Sioux’s best shot at stopping Dakota Access now lies in court. It may be a long shot, but a legal win is still possible, some advocates say.

A legal challenge filed by the tribe on Feb. 14 charges pipeline builder Dakota Access, LLC, and the U.S. Army Corps of Engineers with a range of environmental, cultural, and treaty-based violations. It asks a federal judge to rule on whether the Army Corps broke laws and treaties by allowing construction of the last leg of the pipeline under Lake Oahe, a reservoir along the Missouri River in North Dakota.

“What you have is this well-supported decision from a past administration to do more and give a full consideration to treaty rights, and then the second administration throws it in the trash,” says Jan Hasselman of Earthjustice, who’s representing the tribe in its lawsuit. “That’s just not how it works.”

“It’s absolutely not over,” says Kyle Powys Whyte, a professor of philosophy and community sustainability and a member of the Citizen Potawatomi Nation. He’s been closely tracking the battle against the Dakota Access Pipeline, and he thinks the tribes fighting the project have a good legal case. “Absolutely I think there’s a chance to stop this thing.”

One of the Sioux’s main legal complaints is that construction of the pipeline near its reservation and through sites it considers sacred would violate the tribe’s treaty rights — specifically, its rights under the 1851 and 1868 Fort Laramie treaties. At the heart of the matter is the Sioux’s right to self-determination and tribal sovereignty. Tribes like the Sioux are independent, self-governing nations like any other in the world. And the sovereignty of tribal nations preexists the United States, just like the nations themselves.

Many Native Americans believe that this sovereignty is now under extreme threat. The administration of Donald Trump may be the most hostile to Indian tribes since that of Andrew Jackson, who caused the Trail of Tears in the 1830s, argues Matthew Fletcher, a professor of law at Michigan State University and a member of the Grand Traverse Band of Ottawa and Chippewa Indians.

The tribe’s legal motion also charges that the Army Corps violated the National Environmental Policy Act by terminating an environmental review of the pipeline, and violated the Clean Water Act as well.

The Cheyenne River Sioux Tribe has joined the Standing Rock Sioux in its legal challenge, and on Feb. 22, the Cheyenne River Sioux Tribe filed its own motion in the case, calling on the court to reject the Army Corps’ permit for pipeline construction. Several other allies, such as the National Indigenous Women’s Resource Center, have filed amicus briefs supporting the Standing Rock Sioux’s legal case.

Hasselman believes the Sioux have strong legal claims that could lead to the pipeline’s approval being overturned. If the current legal motion fails, he says the tribe will appeal in federal circuit court. Even if oil starts flowing in the pipeline in the interim, it could still be shut off down the line, Hasselman told the Bismarck Tribune.

And tribes are waging other legal battles against the pipeline too. On Feb. 9, the Cheyenne River Sioux filed a motion to temporarily halt construction on the grounds that the pipeline would violate their right to religious freedom by desecrating the sacred waters of Lake Oahe.

“I really hope that the case for religious freedom works,” Powys Whyte says. “This can’t possibly be a country where someone’s business idea can trample someone’s constitutional right to practice their religion.”

The Oglala Sioux Tribe joined the fray on Feb. 13 with its own lawsuit claiming that the pipeline threatened its treaty rights to safe drinking water.

The Cheyenne River Sioux’s religious claim was heard on Feb. 28, and a judge intends to rule on it by March 7. Other motions should be considered in the coming weeks. Still, it could take months, if not years, for all of these cases to move through the courts.

Even if pipeline opponents’ lawsuits are not successful in stopping the pipeline, Powys Whyte sees other gains that have come from the #NoDAPL fight. Standing Rock has provided a template for an indigenous-led movement against projects that pose threats to the environment and to tribes’ sovereignty — a template that could prove crucial to activists over the next four years. He points to two other battles for indigenous rights that will be heating up in coming months: the resistance against the Keystone XL Pipeline and the Tohono O’odham Nation’s staunch opposition to Trump building a border wall on their reservation in Arizona.

Powys Whyte urges non-indigenous environmentalists to get educated about Native American history and tribal rights, and to consult with tribes and incorporate their concerns into campaigns. “Part of the reason why non-indigenous activists are coming late to the Dakota Access fight is because they weren’t aware of the vulnerability and susceptibility Native tribes have,” Powys Whyte says. To learn more, he recommends reading the Native Appropriations blog and the Standing Rock syllabus.

“Literally, if more people supported democratic tribal sovereignty, we wouldn’t have something like the Dakota Access Pipeline happening,” Powys Whyte says.

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Here’s how the Standing Rock Sioux will keep fighting Dakota Access — in court

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This Virginia congressman thinks the EPA is already pretty great.

The Seattle City Council voted unanimously Tuesday to withdraw $3 billion from the bank, in part because it is funding the Dakota Access Pipeline, and the city’s mayor said he would sign the measure.

The vote delivered a win for pipeline foes, albeit on a bleak day for the #NoDAPL movement. Earlier in the day, the U.S. Army Corps of Engineers announced that it will allow construction of the pipeline’s final leg and forgo an environmental impact statement.

Before the vote, many Native speakers took the floor in support of divestment, including members of the Standing Rock Sioux Tribe, Tsimshian First Nation, and Muckleshoot Indian Tribe.

Seattle will withdraw its $3 billion when the city’s current contract with Wells Fargo expires in 2018. Meanwhile, council members will seek out a more socially responsible bank. Unfortunately, the pickings are somewhat slim, as Bank of America, Chase, CitiBank, ING, and a dozen other banks have all invested in the pipeline.

While $3 billion is just a small sliver of Wells Fargo’s annual deposit collection of $1.3 trillion, the council hopes its vote will send a message to other banks. Activism like this has worked before — in November, Norway’s largest bank sold all of its assets connected to Dakota Access. With any luck, more will follow.

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This Virginia congressman thinks the EPA is already pretty great.

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Scientists aren’t just marching, they’re running for office.

The Seattle City Council voted unanimously Tuesday to withdraw $3 billion from the bank, in part because it is funding the Dakota Access Pipeline, and the city’s mayor said he would sign the measure.

The vote delivered a win for pipeline foes, albeit on a bleak day for the #NoDAPL movement. Earlier in the day, the U.S. Army Corps of Engineers announced that it will allow construction of the pipeline’s final leg and forgo an environmental impact statement.

Before the vote, many Native speakers took the floor in support of divestment, including members of the Standing Rock Sioux Tribe, Tsimshian First Nation, and Muckleshoot Indian Tribe.

Seattle will withdraw its $3 billion when the city’s current contract with Wells Fargo expires in 2018. Meanwhile, council members will seek out a more socially responsible bank. Unfortunately, the pickings are somewhat slim, as Bank of America, Chase, CitiBank, ING, and a dozen other banks have all invested in the pipeline.

While $3 billion is just a small sliver of Wells Fargo’s annual deposit collection of $1.3 trillion, the council hopes its vote will send a message to other banks. Activism like this has worked before — in November, Norway’s largest bank sold all of its assets connected to Dakota Access. With any luck, more will follow.

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Scientists aren’t just marching, they’re running for office.

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Innovation, not scarcity, could bring us peak oil as soon as 2020.

The acting secretary of the Army has reportedly ordered the Army Corps of Engineers to issue a critical easement that would allow the pipeline to be built underneath Lake Oahe, the primary source of drinking water for the Standing Rock Sioux Tribe. North Dakota Sen. John Hoeven, a proponent of the pipeline, announced the news Tuesday night.

The easement, which could come within days, would clear the way for construction of the last major segment of the pipeline. A week ago, President Trump called for the Army Corps to move quickly toward approval of the easement.

This is the same easement the Obama administration declined to issue in December. At that time, the Army Corps ordered an environmental impact statement (EIS) to be conducted for the project, a process that could take years, granting the water protectors a small but important victory. It’s not clear whether the Army Corps now has the authority to simply stop the EIS process.

“If and when the easement is granted, the Standing Rock Sioux Tribe will vigorously pursue legal action,” the tribe said in a statement. “To abandon the EIS would amount to a wholly unexplained and arbitrary change based on the President’s personal views and, potentially, personal investments.”

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Innovation, not scarcity, could bring us peak oil as soon as 2020.

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The Standing Rock Sioux will be ready to take a Trump challenge to courts

In the wake of the Obama administration’s surprise decision to block the Dakota Access Pipeline, company reps seem confident they need only wait for President-elect Trump to keep building. But the lawyer who represents the Standing Rock Sioux says it won’t be so easy to overcome the legal hurdles.

“If an agency decides that a full environmental review is necessary, it can’t just change its mind with a stroke of a pen a few weeks later,” EarthJustice attorney Jan Hasselman told Grist. “That would be violation of the law, and it’s the kind of thing that a court would be called upon to review. It doesn’t mean they’re not going to try.”

Trump could force the pipeline through along the dispute route at Lake Oahe. He technically could ignore the Corps’ decision to fulfill a public Environmental Impact Statement with his newfound executive powers, but that might not be wise.

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“He could in the sense that you can rob a bank, but you’d get in trouble,” Hasselman said.

If that were the case, Standing Rock would be prepared to take the matter to courts again, their lawyer told Grist.

“Circumventing the environmental assessment now that the agency has determined it’s the right course of action shouldn’t pass muster under legal standards,” he added.

For example, the Ninth Circuit has ruled that federal agencies can’t just flip on a dime on settled rulemaking that is based on facts because a new administration has taken over. The Supreme Court this year declined to take up the case, leaving the Circuit’s decision standing that the Bush administration couldn’t exempt the Tongass rainforest in Alaska from a conservation rule, when the agency’s fact-finding found otherwise.

Unless a conservative Supreme Court reverses course, then Standing Rock still has that advantage in a Trump era.

Going further to weaken environmental regulations overall would require a more robust change to the law with congressional action. With the law on their side for now, environmental justice advocates could challenge administration decisions just as they did in the Bush administration. (Talk about government interference: Trump is reportedly also considering privatizing oil-rich Native American land to boost oil companies.)

Energy Transfer Partners has its share of options, too — even if Trump didn’t reverse the decision, it could still sue to maintain the current route.

One of the surer bets on what’s next is that the company is going to have to wait longer to build its pipeline than it originally intended. Energy Transfer Partners wanted it to be operational by the end of the year. If the Corps decision holds, it could potentially be tied up as long as a year or two. It would have to undergo a full environmental assessment of route alternatives, which is the traditional way government agencies solicit input from the public and weigh the pros and cons of environmentally risky projects.

The pipeline is far from dead. But it’s also far from a sure thing.

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The Standing Rock Sioux will be ready to take a Trump challenge to courts

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"I Didn’t Come Here to Lose": How a Movement Was Born at Standing Rock

Mother Jones

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Ome Tlaloc walked through the North Dakota hills with a flashlight and a walkie-talkie, scouting for police in the prairie dark. Earlier that evening, I’d met the 30-year-old on Highway 1806, where he’d been sitting behind a makeshift barricade. Now he was doing reconnaissance. The Morton County Sheriff’s Department and the National Guard, stationed ahead of us on the road, were planning to raid the camp where Tlaloc and hundreds of other protesters had been living for the past week. The barricade was meant to stop the cops, or at least to slow them down. As he walked, Tlaloc listened to his radio for the code words that would signal when he and his comrades were to spring into action: “Eagle’s Claw.”

The Standing Rock Sioux reservation sits in the Dakota Prairie Grasslands, an endless sweep of elephan­tine hills once home to millions of members of the Lakota Nation. Today, it’s inhabited by fewer than 9,000 of their surviving descendants, and one of the few places in America where buffalo roam wild. In late July, the Dallas-based Energy Transfer Partners informed the Standing Rock Sioux that in five days its subsidiary would begin construction on a section of the Dakota Access Pipeline (DAPL) next to the reservation. After that, members of more than 200 Native American tribes and their allies gathered to block what would be America’s longest crude oil pipeline. Their encampments of teepees, tents, and RVs were mostly ignored by the media until private security guards set dogs on protesters and a few journalists were arrested, sparking a national conversation about tribal sovereignty, environmental racism, and police brutality.

The October night I met Tlaloc, the stakes in the #NoDAPL movement were as high as they’d ever been. If the “water protectors,” as the protesters called themselves, were cleared out, the pipeline would continue east under the Missouri River, coming within 1,500 feet of Lake Oahe, the Standing Rock Sioux’s water supply. A leak or spill, activists believed, would poison the drinking water of as many as 10 million people, nearly all of them on Native American reservations. The protesters’ goal was to block construction until March 2017, when Dakota Access would have to reapply for a federal construction permit—a delay that might make the project financially unfeasible. If the protesters were removed before then, Dakota Access would complete the 1,172-mile pipeline that would transport up to 570,000 barrels of crude a day. (On December 4, the Army Corps of Engineers announced that it would not approve a permit for the pipeline to run beneath Lake Oahe.)

Police have responded to the protests with teargas, tasers, water cannons, rubber bullets, and armored vehicles.

Native Americans of all ages have protested against the pipeline.

Tlaloc stopped at the top of a ridge. Off in the distance was the trench holding the lengths of 30-inch metal pipe. “An old Sioux prophecy says that a black snake will come to destroy the world at a moment of great uncertainty,” he said. “Unless the youth stop it.”

Back at the barricade, men in camo fatigues sipped cowboy coffee and waited. Pup tents formed a circle around a pit fire. “They’ve killed us before,” said Harry Beauchamp, a 63-year-old Assiniboine from Montana. Resting his cowboy boots on a soup pot, he told us about his participation in the 1973 standoff between members of the American Indian Movement and law enforcement agents in South Dakota that ended in the deaths of two Native American activists. A few weeks earlier, he’d been attacked by a dog brought in by a pipeline security contractor. His future son-in-law, he said, was bringing him a rifle. “I’m not going to let this be another Wounded Knee,” he said.

Left: Chanse Adams-Zavalla. The #NoDAPL protesters have occupied three main encampments.

Dancers in front of a sacred fire in a protest camp

The next day, a pale sun burned through the morning haze, backlighting 200 sheriff’s deputies and National Guardsmen in full riot gear. Behind them were an armored personnel carrier, a land-mine-resistant truck, and the pipeline’s private security force—overseen by TigerSwan, a North Carolina firm that’s done work for the US government in Afghanistan and Iraq. “This is a state highway,” a police commander said into a loudspeaker. “You must clear the road.”

On August 19, North Dakota Gov. Jack Dalrymple, who served as an adviser to Donald Trump’s presidential campaign, had declared a state of emergency, and the National Guard mobilized three weeks later. On September 3, security contractors turned dogs on the protesters. Not long afterward, Standing Rock Sioux tribal chairman Dave Archambault II asked the Justice Department to investigate civil rights violations against activists. “This country has a long and sad history of using military force against indigenous people—including the Sioux Nation,” he wrote. “When I see the militarization taking place in North Dakota against Indian people, I am genuinely concerned.”

Over the next 12 hours, I watched as grandmothers with red feathers in their hair, Oglala elders in cer­emonial regalia, and teens astride horses were teargassed, tased, and arrested. Cops fired rubber bullets at protesters and blasted them with earsplitting whines from Long Range Acoustic Devices. As the police marched down the highway, the crowd, echoing Black Lives Matter protesters, held their arms in the air and shouted, “Hands up, don’t shoot!”

Native Americans are more likely to be killed by police than members of any other group, even African Americans. More than 1 in 4 Native people live in poverty. (The average individual income on the Standing Rock reservation is $4,421.) Native unemployment levels are nearly double those of the overall population; their youth suicide rate is the highest in the nation.

Protesters watch as the police destroy a campsite.

A Sioux leader asked the Justice Department to investigate “the militarization taking place in North Dakota against Indian people.”

Many at Standing Rock saw the threat of environmental catastrophe as inextricable from racial injustice. An early proposal to route the Dakota Access Pipeline through Bismarck, 45 miles north of the reservation, was rejected by the US Army Corps of Engineers because of concerns that it could harm the municipal water supply. (Bismarck’s population is 92 percent white.) “But it’s okay if it poisons Natives’ water, right?” said Chanse Adams-Zavalla, a 22-year-old who grew up on the Maidu reservation just north of Santa Barbara, California. He wore a camouflage backpack that had “Fuck Off” written on it and a matching camo cap that said “Smile More.” In May 2015, the coastline near his reservation was ravaged by the rupture of an oil pipeline. “It’s disgusting what happened to my people, bro, and we’re still being treated that way,” he said.

Young protesters with red bandannas over their faces dragged tree trunks onto the highway and set them on fire. A heavyset teen stood before the flaming barricade, his back to the police. “Stop lighting these barricades on fire, brothers!” he said. “I’m a member of the Standing Rock Sioux tribe.” He paused and looked at his feet like he might cry. “After this, I have to live here.”

“Sellout!” a young man in a balaclava shouted, hurling a tire onto the pyre. Someone else picked up the chant. “Sellout! Sellout!”

The scene underscored the conflicts within the anti-pipeline movement. Some activists, led in part by a group of protesters who lived in a compound called Red Warrior Camp, were committed to stopping the pipeline through direct action. While many Standing Rock Sioux were out on the front lines, Archambault was also lobbying Washington in hopes of a legal victory. In early November, Red Warrior Camp was asked to leave Standing Rock for promoting tactics that the tribal leadership thought were too extreme. There were also tensions between white-led environmental groups like 350.org, which focuses on climate change, and Native activists, who believe the larger issue is one of tribal sovereignty and the unfinished struggle for Native American rights. The protesters were spread among three encampments, including a largely Native camp and another filled with white activists that I heard described as the “Brooklyn” of Standing Rock.

Back at the barricades, Miles Allard, a Sioux man with a white mullet, rushed to the assistance of the teen who’d tried to calm the crowd. “The only way we’re going to win this is by prayer,” Allard said. “If we use violence, we will lose.”

“I didn’t come here to lose,” Beauchamp said, dropping a bundle of kindling onto the pavement before walking off in anger. “And I didn’t come here to fight my own brothers. I quit. I’m going home.”

“Why do they want to kill us?” asked LaDonna Allard over breakfast at the Prairie Knights Casino and Resort, the area’s largest employer. Allard, a Sioux woman, was hosting a protest camp on her land; she was accompanied by her husband, Miles, who had called for nonviolence at the barricades a few days earlier. The police had won those clashes, clearing the road and arrest­ing 142 protesters, including the Allards’ daughter, Prairie. (During a prior arrest, Allard said, her daughter was stripped naked, left in a cell overnight, and asked repeatedly, “Who’s your mother?”) Construction resumed on the pipeline, whose North Dakota section was roughly 95 percent complete.

Allard recalled the life of her great-great-grandmother, Nape Hote Win, who as a nine-year-old survived the 1863 Whitestone massacre, an attack by the US Army 50 miles east of Standing Rock. She was held in a prisoner-of-war camp for seven years. That battle paved the way for the Standing Rock Sioux to be confined to their current reservation. Allard’s father had to flee his land in 1948 after the government dammed the Missouri, flooding his farm. Her father and son were buried along the pipeline’s path.

On Election Day, Energy Transfer Partners announced that it would defy a request from the Obama administration to postpone construction and would begin tunnel­ing under Lake Oahe in two weeks. CEO Kelcy Warren had given more than $100,000 to support Trump, a stockholder. “Overall, I’m very, very enthusiastic about what’s going to happen with our country,” Warren told investors after the election. In mid-November, the Army Corps of Engineers stepped in and said it would not allow completion of the pipeline until there had been further review of its environmental impact. Reaffirming that decision in early December, the Corps said it would consider alternate routes for the pipeline. ETP attacked the decision as “the latest in a series of overt and transparent political actions by an administration which has abandoned the rule of law in favor of currying favor with a narrow and extreme political constituency.”

“We’re in a war,” Allard said, beginning to cry. “How did this happen? I did nothing wrong. I have a right to say ‘no.’ I have a right to live in my own country, on my own land.”

Police spray water on demonstrators in below-freezing temperatures.

Left: Nighttime protests on Highway 1806. Right: Medics assist an injured protester.

Later that night, I passed Beauchamp’s tent, but it was empty. He had gone back to Montana, feeling bitter and defeated. Adams-Zavalla, however, was in great spirits. “This isn’t the end of our movement,” he said. “It’s the beginning.” Fifty horses had just arrived from the Oglala-Sioux reservation, as had 100 Native American youth runners who’d jogged from Arizona. That afternoon the Seven Council Fires had been lit for the second time since 1862, a ceremony in which the seven branches of the Dakota Sioux demonstrated their unity. “When my grandkids ask me where I was during Standing Rock,” Adams-Zavalla said, “I know what I’m going to tell them.”

“Even if somehow, someway, they build this pipeline,” he went on, “they’ve inadvertently sparked a whole generation of us indigenous folks and everyone who wants to stand with us to fight for Mother Earth. We’re going to inherit this planet, bro, and everyone’s welcome to inherit it with us if they want.”

Around us, protesters were chopping wood, battening down tarps, and getting ready for the long Dakota winter. On a hill overlooking the camp, DAPL roughnecks labored away. The moment was uncertain, yet jubi­lant—each side racing toward the future it imagined.

Inside the main protest camp.

Police sprayed mace at protesters who crossed the Cannonball River.

Water protectors march from the main camp to the bridge on Highway 1806.

These horseback riders traveled for three days along the pipeline.

The first snowfall in Standing Rock

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"I Didn’t Come Here to Lose": How a Movement Was Born at Standing Rock

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Army Halts Construction of Dakota Access Pipeline—for Now

Mother Jones

On Monday, the Army Corps of Engineers announced that it would not allow completion of the Dakota Access Pipeline (DAPL) until there has been additional research into its possible environmental risks. This marks a temporary victory for the activists who have been encamped near the site of pipeline construction next to the Standing Rock Sioux reservation in North Dakota.

Of particular concern is the pipeline’s proposed crossing under the Missouri River, which activists fear will threaten Lake Oahe, the Standing Rock Sioux’s drinking water supply. In a statement, Assistant Secretary of the Army Jo-Ellen Darcy said that “in light of the history of the Great Sioux Nation’s dispossessions of lands and the importance of Lake Oahe to the Tribe,” the Standing Rock Sioux tribe will be consulted to help develop a timetable for future construction plans.

Energy Transfer Partners, the company building the pipeline, denounced the Corps’ decision “as unjust and a reinforcement of the Obama Administration’s lack of interest in enforcing and abiding by the law.”

The company has deep ties to the incoming Trump administration and many anti-pipeline activists fear that it will reverse or undermine the Corps’ decision. In an earnings call last Thursday, Energy Transfer Partners CEO Kelcy Warren said he is very “enthusiastic” about the election of Donald Trump. His remarks suggested that despite the environmental concerns raised by the Corps, the Department of Justice, and the Standing Rock Sioux, he believes President-elect Trump may help the company complete the pipeline. “We find ourselves in, I believe, a really good position,” he said. “Overall,” he continued, “I’m very, very enthusiastic about what’s going to happen with our country.”

Trump has invested between $500,000 and $1 million in Energy Transfer Partners, according to financial disclosure forms. Warren donated more than $100,000 to help elect Trump. Trump also owns stock worth between $500,000 and $1 million in Phillips 66, which will own a 25 percent share of the finished pipeline. One of Trump’s key energy advisers is North Dakota Rep. Kevin Cramer, who has encouraged him to dismantle key aspects of the Clean Water Act, which gives the Army Corps and the Environmental Protection Agency authority to regulate the nation’s waterways and wetlands.

Energy Transfer Partners’ stock price rose from $33.37 to $38.68 in the week after the election. However, the conflict over the pipeline has caused investors to express doubt about its financial viability. Last week, Norwegian bank DNB said it was “concerned” about the situation and might withdraw its $342 million loan to Energy Transfer Partners, about 10 percent of the entire project’s funding. A spokesman said the bank would “encourage a more constructive process to find solutions to the conflict that has arisen.” Citigroup also announced last week that it had urged Energy Transfer Partners to reach a peaceful resolution with opponents of the project. Warren has not made any public statements since the Army Corps’ decision Monday.

The Standing Rock Sioux and hundreds of “water protectors” have been protesting against the pipeline for several months. The pipeline is planned to continue under the Missouri River, coming within 1,500 feet of Lake Oahe. The protesters have sought to block construction as long as possible, either forcing Dakota Access to reapply for a federal construction permit or to reroute the pipeline. On Tuesday, thousands of their supporters are engaging in nationwide protests targeting the pipeline and its financial backers in cities, including New York and Washington, DC.

The company currently lacks permits to tunnel beneath the Missouri River, but its employees have been working full time and have completed construction on both sides of the river. The construction site is surrounded by protective barricades in preparation for drilling under the water. “Starting construction under the Missouri River without permits would be beyond the pale, even for Dakota Access,” says Jan Hasselman, an attorney for the Standing Rock Sioux tribe.

The Obama administration has repeatedly asked Dakota Access, an Energy Transfer Partners subsidiary, to postpone the project pending additional review of its potential impact. On November 6, the Army Corps of Engineers requested that Dakota Access halt construction to consider concerns that the pipeline would endanger the Standing Rock Sioux’s water supply and could destroy Native cultural sites. That same day, on a hill overlooking the Missouri, protesters gathered to pray at a sacred burial ground along the pipeline’s path. Dozens were teargassed by police and shot with rubber bullets while construction continued under the protection of sheriff’s deputies.

The next day, a Corps spokesman told Bloomberg News that the company had agreed to a slowdown. But on Election Day, Dakota Access denied agreeing to the slowdown and vowed to continue construction. “To be clear, Dakota Access Pipeline has not voluntarily agreed to halt construction of the pipeline in North Dakota,” it said in a press release. “Dakota Access has now completed construction of the pipeline on each side of Lake Oahe and is currently mobilizing horizontal drilling equipment to the drill box site in preparation for the tunneling under Lake Oahe.”

According to the press release, Dakota Access promised it would complete construction of the pipeline within two weeks and would then begin drilling under the Missouri River, despite lacking the necessary permits or easement from the Army Corps of Engineers. A DAPL spokeswoman told the Guardian that the company was confident that it would receive the easement. On November 9, Colonel John W. Henderson, head of the Army Corps of Engineers for the region, released another letter criticizing Dakota Access’ refusal to pause construction.

Yet in the past week, Dakota Access set up HESCO barriers—bulwarks used by the US military to defend its bases in Iraq and Afghanistan—around their construction site. “I don’t know why the government just kept asking DAPL to stop,” says LaDonna Allard, a local Sioux woman who is hosting protesters on her land near the Missouri River. “Clearly they’re not going to stop unless we make them.”

“The company seems emboldened by Trump’s victory,” says Harry Beauchamp, an Assiniboine Indian from Montana who came to Standing Rock in September to protest the pipeline. “They’re plowing ahead and ignoring the citizens here who oppose this pipeline with greater force than ever. They know Trump is one of them—they just care about money, not about democracy or justice or the environment or the local citizens.”

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Army Halts Construction of Dakota Access Pipeline—for Now

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