DAPL Approval Illegal, Judge Finds.

Trump on DAPL. © Marty Two Bulls.

The U.S. Army Corps of Engineers violated the law in its fast-tracked approval of the Dakota Access Pipeline (DAPL), a U.S. District Court Judge in Washington D.C. has ruled. Judge James Boasberg said the Corps did not consider key components of the National Environmental Policy Act (NEPA) in granting the Lake Oahe easement under the Missouri River when directed to do so by President Donald Trump shortly after his swearing-in.

The Standing Rock Sioux Tribe, with the Cheyenne River Sioux as interveners, had challenged the approval on the grounds that adequate environmental study had not been conducted. Boasberg agreed on many points, though he did not rule on whether the pipeline should remain operational. It has been carrying oil since June 1.

“Although the Corps substantially complied with NEPA in many areas, the Court agrees that it did not adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice, or the degree to which the pipeline’s effects are likely to be highly controversial,” Boasberg said in his 91-page decision. “To remedy those violations, the Corps will have to reconsider those sections of its environmental analysis upon remand by the Court. Whether Dakota Access must cease pipeline operations during that remand presents a separate question of the appropriate remedy, which will be the subject of further briefing.”

A status conference will be held next week, according to the environmental law firm EarthJustice, which is representing the tribes in this case. Energy Transfer Partners, the pipeline’s builders, did not respond to requests for comment by press time.

“This is a major victory for the Tribe and we commend the courts for upholding the law and doing the right thing,” said Standing Rock Sioux Chairman Dave Archambault II in a statement. “The previous administration painstakingly considered the impacts of this pipeline and President Trump hastily dismissed these careful environmental considerations in favor of political and personal interests. We applaud the courts for protecting our laws and regulations from undue political influence, and will ask the Court to shut down pipeline operations immediately. ”

Indian Country Today has the full story.

Where there’s the smallest good news, there’s always bad news, and in this case, it comes in the form of Zinke:

“I think, talking to tribes, they’re very happy,” Zinke said of his proposal, adding that he “talked to all parties, and they’re pretty happy and willing to work with us.”

But this is not so, according to tribal representatives. In a June 12 press call hosted by U.S. Sen. Tom Udall (D-NM), the vice-chair of the Senate Committee on Indian Affairs, Navajo Nation Attorney General Ethel Branch said the tribe’s leaders have “maintained a consistent position that they support the monument designation.

“If there is any happiness,” Branch said,” it’s probably that the monument remains intact as of now.

“I think [the ‘happy’ characterization] is probably just a characterization coming from Trump,” Branch added.

Natalie Landreth, a lawyer with the Native American Rights Fund who represents the Hopi, Zuni and Ute Mountain Ute Tribes on Bears Ears issues, said during the Udall call that the proclamation that set up Bears Ears as a national monument had already formed a structure in which five tribes, known as the Bears Ears Inter-Tribal Coalition, work together to co-manage the monument.

“It’s unclear exactly what the secretary is suggesting, so until we know more details about what he’s talking about, it’s difficult to have a view on it,” Landreth said. “Our initial reaction on behalf of the three tribes we represent is that this was really a cynical effort to distract Indian country from the devastating blow of reducing the size of the monument.”

Landreth said that some of her impacted tribal clients told her as of June 12 that Zinke had not been in touch with them on this matter.

“We don’t know who he’s talking to and what they may have said,” Landreth said.

Full story here.

Kicking Kirchmeier.

Oceti Sakowin Camp. © C. Ford, all rights reserved.

There’s a petition, and yes, I know people get petition tired, but please click on over and sign this one, to remove the murder-minded and incompetent Kirchmeier from his position as Sheriff of Morton County. Kirchmeier took a brutal stance from the beginning, and as some of you will recall from the Standing Rock posts, he spread misinformation and outright lies from the beginning, and never stopped telling lies, either. He used all the climate justice warriors as an excuse to spend outrageous amounts of money on military equipment, so he could play a latter day Custer, obviously hoping for better results. In the end, his unholy alliance with the oil companies worked out just fine for him, giving him equipment to oppress and harm, all while lining his pockets. Please help out by adding your name to the petition.
 
Remove Sheriff Kyle Kirchmeier, of the Morton County Sheriff’s Office.

South Fucking Dakota.

Terry LaFleur, Argus Leader.

Terry LaFleur, Argus Leader.

South Dakota, always to be counted upon when it comes to being draconian, stupid, and embarrassing. In this case, the cringe-inducing embarrassment is brought to you by one Terry LaFleur, who isn’t the least bit interested in the state where he has decided to run for governor.

More than 1,500 miles from Mexico, a South Dakota man has launched an effort to crowdsource funding to build President Donald Trump’s border wall.

Terry LaFleur, of Sioux Falls, said he’s frustrated by gridlock in Congress and the lack of action among Republicans in passing a tax to pay for the wall.

So he’s taking the issue to the people.

“It’s every American’s responsibility to make sure our sovereignty is unviolated,” LaFleur said. “He needs our help. He absolutely has to have our help to get it done.”

No, dipshit, the Tiny Tyrant does not need our help. He needs that cheap, gold-plated ass of his kicked to the damn curb. What a fucking joke, having the nerve to talk about sovereignty, with a sovereign nation right there under your nose, one you asshole white men make sure to screw over as often as possible. (sDakota is home to Pine Ridge Rez.)

LaFleur, who is running as a non-establishment Republican for South Dakota governor, said Monday that it is imperative that U.S. citizens raise money to help construct the wall in order to prevent illegal immigration.

He filed paperwork with the secretary of state’s office earlier this month to incorporate a nonprofit charity and said he is prepared to accept donations.

None had been received through the first week of publicizing the campaign.

Five members on the group’s board of trustees will oversee the fundraising efforts and ensure that funds sent to the group only benefit the wall’s construction.

Uh huh. Given how many sDakota citizens are busy being screwed over by Trump right now, I don’t think you’re gonna be raising a whole lot of money, given more important things, like fighting Keystone XL.

Libby Skarin, policy director of the American Civil Liberties Union of South Dakota, condemned Trump’s proposal to build a wall and said local officials would be better off focusing on South Dakota priorities.

“Rather than focusing on policies that undermine civil liberties and fracture border communities hundreds of miles away,” Skarin said, “we would encourage all South Dakota politicians to craft policies that strengthen civil rights and civil liberties for all who call this state home.”

Libby Skarin has it right. LaFleur is a fucking idiot in a field of idiots. There are no democrats running for governor, and the current democratic governor cannot run again because of term limits. At least the others haven’t come up with level of utter shite. Yet.

Full story at the Argus Leader. Raw Story also has it.

15 Million Dollars.

Chemical warfare, Turtle Island, Oceti Sakowin Camp, November, 2016. © C. Ford, all rights reserved.

New York Daily News writer Shaun King obtained audio where Energy Transfer Partners freely admitted that they worked closely with the Sheriff’s Association, and wow, did they ever. They became one and the same.

Water protectors who lived at camp can attest to ETP and law enforcement’s collusion and fraternization, but the record speaks for itself.

The Sheriffs’ Association has a $3.46 million dollar budget, according to tax forms. Some of this funding comes from corporate sources, like TigerSwan. TigerSwan maintains offices in Iraq and Afghanistan. TigerSwan’s CEO is a former adviser to the multinational private security firm, Blackwater. Blackwater was founded by Erik Prince, a Trump campaign donor and the brother of Betsy DeVos, the U.S. Secretary of Education. Besides funding the Sheriff’s Association, TigerSwan is in charge of Dakota Access intelligence and supervising overall security for the company. Tigerswan works for Dakota Access, while funding and partnering with the Sheriffs’ Association.

The Sheriff’s Association purchased military gear from the U.S. Department’s Defense Logistics Agency thanks to the Defense Department’s 1033 program. Think corporate welfare for the defense industry.

Wait, there’s more. Energy Transfer Partners CEO Kelcy Warren offered to reimburse North Dakota and Morton County for costs due to defending the Dakota Access Pipeline.

So why are U.S. taxpayers forking over $15 million dollars to North Dakota?

Despite the fossil fuel industry’s wishes, America is not an oil company with an army. We should not be bankrolling our own oppression.

Incidentally, the Dakota Access Pipeline is not even operational yet, and it’s already sprung a leak in South Dakota, just southwest of the Lake Traverse Reservation. End this foolishness.

Ruth Hopkins at Indian Country Today has the full story.

Those Primitive Indians Just Don’t Understand, No.

Obama Legacy; Bears Ears National Monument.

The Fight for Bears Ears has been going on for a very long time; people have been happy with Pres. Obama’s protective national monument status. Now the GOP is arguing that us dumb Indians, gosh, we just don’t understand. If places are declared national monuments, it will seriously impact our primitive lives, and we wouldn’t be able to do native stuff, like gather firewood, so um, just give us the land, and everything will be great! There really isn’t deep enough mockery for these arrogant colonialists.

Speaking alongside Interior Secretary Ryan Zinke about the Trump administration’s order to review — and potentially shrink or eliminate — nearly 30 national monuments, Sen. Orrin Hatch (R-UT) said Native Americans were “manipulated” into their support for the 1.35 million acre Bears Ears National Monument southeastern Utah.

“The Indians, they don’t fully understand that a lot of the things that they currently take for granted on those lands, they won’t be able to do if it’s made clearly into a monument or a wilderness,” Hatch said on Sunday. “Once you put a monument there, you do restrict a lot of things that could be done, and that includes use of the land… Just take my word for it.”

Oh, right. We should just take the word of a white man. Gosh, that’s worked so well in the past.

Hatch’s dismissal of native voices is not only condescending, it is incredibly inaccurate in the case of Bears Ears. Protections for Bears Ears were nearly 80 years in the making. Most recently, the Bears Ears Intertribal Coalition, which brought together five tribal nations, pushed for the protection of the Bears Ears region. After the group received no substantial response from the Utah Congressional delegation about protecting the area, the group opted to propose that President Barack Obama should create a national monument, which he did in December 2016.

[…]

But variations of Hatch’s argument have been routinely made by critics of the national monuments — namely, Republican politicians in Utah. Gov. Gary Herbert (R) has long purported that a national monument would get rid of critical tribal activities, such as firewood gathering. Sen. Mike Lee (R-UT) similarly stoked fears that the federal government would seize native American land for the monument. Utah state legislator Mike Noel (R), who is looking to join the Trump administration, launched an investigation into the tribal support of a Bears Ears National Monument, calling it a “charade.”

These accusations are part of a continued misinformation campaign targeting tribal members that started during the lead-up to the monument designation. In the summer of 2016, flyers meant to antagonize local Navajo were found posted around towns adjacent to the now national monument. One of the flyers impersonated an Interior Department press release that claimed the government would be taking over four million acres of Navajo reservation land. Others suggested the national monument would ban firewood gathering and Native American access.

Think Progress has the full story.

Dakota Access Allowed to Keep Risks Secret.

© Marty Two Bulls.

It’s not enough that the pipeline went through, and once again, drinking water is threatened (which is fine, of course, because Indians), but ETP can now keep risk information to themselves. Just keeps getting worse. And to those people who think they are helping through vandalism? You aren’t, so fucking stop it.

Despite concerns that the controversial Dakota Access Pipeline could threaten the primary source of drinking water for the Standing Rock Sioux, a federal judge ruled that the pipeline’s developer can keep some information about spill risks secret from the public.

The ruling — which would permit Energy Transfer Partners, the developer of the pipeline, to keep information about spill risks at certain points along the pipeline shielded from the public — comes after unknown protesters used a torch to burn holes in empty above-ground segments of the pipeline. The Standing Rock Sioux and Cheyenne River Sioux tribes had argued that information about spill risks could potentially strengthen their case for more environmental review of the project.

U.S. District Judge James Boasberg rejected that argument, saying that shielding the information from public view would prevent vandalism of the pipeline.

“The asserted interest in limiting intentionally inflicted harm outweighs the tribes’ generalized interests in public disclosure and scrutiny,” Boasberg said in his ruling.

[…]

Pipeline spills in North Dakota are not uncommon — according to analysis from the Center for Biological Diversity, North Dakota has averaged four pipeline spills a year since 1996, costing more than $40 million in property damage.

Under the Trump administration’s proposed budget, the Environmental Protection Agency would face sharp cuts in its enforcement programs, limiting its ability to enforce and penalize companies that violate environmental laws. When pipeline operators, for instance, violate laws like the Clean Water Act by spilling pollutants into waterways, the EPA is normally the agency that imposes fines on those operators. Last week, for instance, the EPA and the Department of Justice issued a fine against a pipeline operator in Ohio that violated the Clean Water Act by discharging approximately 1,950 barrels of gasoline from a pipeline into nearby waterways.

Think Progress has the full story.

Indigenous Activism Roundup.

Protesters gather outside of the White House. CREDIT: Natasha Geiling.

Protesters gather outside of the White House. CREDIT: Natasha Geiling.

WASHINGTON, D.C.—Mni wiconi—”water is life”—appear to be empty words to the federal government, but they now constitute a battle cry for Native nations as they rise together in the U.S. capital today to voice their discontent with the Trump administration’s policies regarding indigenous rights and power.

[…]

Organizers also want the public to know that this gathering is not just about the Dakota Access Pipeline, even though it now serves as the symbol of all that’s wrong with the government-to-government relationship that tribes and the federal government are supposedly involved in. Tribes point to the Trump administration’s fast-track actions on the pipeline sans meaningful consultation and environmental review serving as the tipping point for Indian country by making a mockery of free, prior and informed consent—the right of every other sovereign nation in the world. They hope to make the point that the federal government, in going forward with the pipeline against the tribes’ wishes, abdicated its role as trustee to protect the tribes’ rights and resources, and violated their sovereignty and self-determination.

Full Story at ICMN. Think Progress also covers this story.

Tipis on the National Mall, near the White House, as water protectors gather for a march advocating for indigenous rights and a halt to environmental destruction. Kandi Mossett/Facebook.

Tipis on the National Mall, near the White House, as water protectors gather for a march advocating for indigenous rights and a halt to environmental destruction. Kandi Mossett/Facebook.

“The Standing Rock movement is bigger than one tribe,” the Standing Rock Sioux said. “It has evolved into a powerful global phenomenon highlighting the necessity to respect Indigenous Nations and their right to protect their homelands, environment and future generations. We are asking our Native relatives from across Turtle Island to rise with us.”

Full story at ICMN.

There is No O’odham Word for Wall.

TUCSON, ARIZONA—The Tohono O’odham Nation Executive Branch is firm on their stance against a border wall being built.

“[It’s] not going to happen,” said Tohono O’odham Nation Chairman Edward Manual. “It is not feasible to put a wall on the Tohono O’odham Nation…it is going to cost way too much money, way more than they are projecting.”

TON Chairman Manuel went on to say, “It is going to cut off our people, our members that come [from Mexico] and use our services. Not only that we have ceremonies in Mexico that many of our members attend. Members also make pilgrimages to Mexico and a border wall would cut that off as well.”

ICMN has the full story.

This Is My Body.

1 MA7XcJEmVWHKbOPof9j8yA

This Is My Body. A figure stands in the middle of the image with arms outstretched. A red headband covers the forehead and long, loosely braided dark hair, parted in the middle. White streams down the face, and the eyes are red and swollen. The body has a bleeding wound on its side, a hole in each palm, and three rubber bullet wounds. Dark figures with riot gear border the figure to the right, while water from a vehicle cannon shoots down at the figure. (Art done by Joann Lee Kim).

Joann Lee Kim has a stunning body of work, do yourself a favour and wander over for a long look. I came across Ms. Kim’s work at The Establishment, specifically an article by Dae Shik Kim Hawkins Jr., about the days when 500 ministers descended on the NoDapl camp. I was there for that, and talked to several of the ministers. The ones I spoke with all seemed rather dazed and overcome by everything happening at the camps. The particular perspective of the article is an interesting one, and quite important, I think: Christianity Is Co-opting The Justice Movement. It’s an excellent article. Solidarity is more important than ever, as is making sure that solidarity is intersectional and inclusive. When it comes to christian involvement in major social justice fights, particularly indigenous ones, it is very important that attention is seriously paid to the colonial roots and colonial mindset which still rules most peoples’ thinking and actions, especially those of churches.

Have a read, highly recommended. And when you’re done, have a look around at the rest of The Establishment, a lot of good writing going on there.

Norway’s Storebrand Goes NoDAPL.

NorSR

© C. Ford. All rights reserved.

More and more efforts are directed at divestment, and Norway’s largest private investor has decided to go No DAPL.

The largest private investor in Norway has pulled out of three companies connected to the Dakota Access Pipeline (DAPL) because of the conflict at Standing Rock.

Storebrand, an Oslo-based financial-services company that specializes in sustainable, socially conscious investing, has sold off nearly $35 million worth of shares in Phillips 66, Marathon Petroleum Corporation, and Enbridge, the company announced on March 1.

“Storebrand has made the decision to withdraw all investments from the controversial Dakota Access pipeline, including positions in the North American companies Marathon Petroleum Corporation, Enbridge Inc. and Phillips 66,” said Storebrand in a statement on March 1.

“Our conclusion is that these are poor long-term investments, both for our pension customer and from a sustainability point of view,” the company said.

Storebrand had investments of $11.5 million in Philips 66, $7 million in Marathon Petroleum Corp. and $16.2 million in Enbridge Inc., for a total of $34.8 million, said the company. According to its website, it has been in operation since 1767 and was managing pension funds since 1917, pre-dating Norway’s social security system by 50 years.

“There is too much uncertainty, for us as an investor, as to whether there has been a good process that ensures the rights of all parties in the conflict,” said Matthew Smith, Head of Sustainable Investments. “There has been involvement by the United Nations, by President Obama, and President Trump. Caught in the middle are the people directly impacted by the pipeline.”

[…]

Storebrand tried numerous tactics to enact change, Smith said in the statement, but none of them worked.

“Generally, it is our belief that we can have a more positive effect on companies and situations by using our position as an owner to effect change. We have successfully done so on many occasions, but it doesn’t always work,” Smith said. “Storebrand has been in direct contact with the companies, and has worked with international groups of investors. Our most recent initiative is an investor letter, representing 137 investors with $653 billion assets under management, that encourages involved banks that have lent money to the project to use their position and influence to engender positive change and a reconsideration the routing of the pipeline.”

Storebrand was forced to conclude that “active ownership is not going to deliver a better outcome,” he said. “We do hope that this can give a final indication to the involved companies to reconsider the routing of the pipeline.”

The investor joins a growing number of companies and entities that have pulled funds from Wells Fargo and other banks that are financing DAPL, ranging from the City of Seattle to individual account holders. Others, such as New York City, have put DAPL banks on notice.

The decision was not easy, Smith told The Guardian.

“Divestment is a last resort,” he said. “When you divest from companies, you give up your possibility to influence companies to come to a better solution.”

Full story at ICMN.

Back to the 1970s.

Burning Discarded Automobile Batteries, 07/1972.

Burning Discarded Automobile Batteries, 07/1972.

Trash and Old Tires Litter the Shore at the Middle Branch of Baltimore Harbor, 01/1973.

Trash and Old Tires Litter the Shore at the Middle Branch of Baltimore Harbor, 01/1973.

Clark Avenue and Clark Avenue Bridge. Looking East from West 13th Street, Are Obscured by Smoke from Heavy Industry, 07/1973.

Clark Avenue and Clark Avenue Bridge. Looking East from West 13th Street, Are Obscured by Smoke from Heavy Industry, 07/1973.

Something else people had to protest about, and fight tooth and nail to implement change – the utter disregard and damage being done, not only to our environments, but to all life. People fought like hell for change, and it took time, but change was effected. The photos? Life pre-EPA. It was wasn’t pretty. It was a choking stink. It was piles of garbage everywhere. Now the EPA has been gutted, and the Tiny Tyrant has been busy rolling back every single bit of fucking progress made in this area. A lot of people reading this weren’t born yet in the early ’70s. Unfortunately, you’re going to get a right taste of what it was like, and not in a good way.

More photos? See here. Feel like a bit of reading? See here.

Water, What Is It Good For?

Oh, who needs clean water, I mean that stuff isn’t good for anything at all, right? It’s not as if life is dependent on it or anything, after all, we can adapt to drinking toxic sludge.

U.S. President Donald Trump is expected to sign a measure on Wednesday aimed at rescinding a major Obama administration water regulation and direct an end to the government’s defense of the rule, a Trump official briefed on the plan said on Friday.

Trump is expected to direct the Environmental Protection Agency to withdraw the Waters of the United States (WOTUS) rule, which expands the number of waterways that are federally protected under the Clean Water Act.

The rule was finalized by the EPA and the U.S. Army Corps of Engineers in May 2015, and was blocked by a federal appeals court pending further court challenges.

The rule has faced intense opposition from Republicans in Congress, farmers and energy companies.

Critics contend the rule vastly expands the federal government’s authority and could apply to ditches and small isolated bodies of water. The EPA under President Barack Obama said the rule protects waters that are next to rivers and lakes and their tributaries “because science shows that they impact downstream waters.”

Full story here.

The Trump Regime is also busy attempting to hasten the death of everything in every way possible. Here’s reading:

Former member of Trump’s EPA transition team suggests air pollution doesn’t kill people. 4.2 million people died prematurely from air pollution in 2015.

Trump’s EPA policies risk more Alzheimer’s cases, doctors warn. Two new studies support findings that polluted air causes dementia.

Trump’s allies have some of the worst environmental voting records in Congress.

There’s much more here.

This Is Our Land.

Water Protectors Leave Oceti Sakowin Reluctantly.

‘Absolutely False’: No Contact From Trump Administration, Archambault Says.

marty-two-bulls-cartoon-dapl-020717
NODAPL; The Last Stand © Marty Two Bulls.
 
marty-two-bulls-cartoon-dapl-020117_WEB
No DAPL; Beware the Early Thaw © Marty Two Bulls.