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.

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.

Cool Stuff Friday.

The Infinite Now from Armand Dijcks on Vimeo.

Over the past months I’ve been working with Australian photographer Ray Collins to bring his amazing oceanscapes to life in the form of cinemagraphs, a blend between photography and video. Each cinemagraph is created from one of Ray’s stills, and sets it in infinite motion, making a unique moment in time last forever.

These cinemagraphs inspired André Heuvelman from the Rotterdam Philharmonic Orchestra to get together with pianist Jeroen van Vliet to record a very moving custom soundtrack, which I combined with a selection of the cinemagraphs.

You can see the original cinemagraphs at armanddijcks.com/cinemagraphs-waves

Ray’s images can be found at raycollinsphoto.com

André Heuvelman’s music: andreheuvelman.com

Stunning and mesmerizing work by all!

The Canadian Museum of History has unveiled a unique new exhibit that brings the faces of a 4,000-year-old Indigenous family back to life.

The museum revealed the three-dimensional forensic reconstruction of a shíshálh family whose remains were found in an ancient burial site near what is now Sechelt, B.C. The digital images move and blink in the incredibly life-like display.

“To look back on some of our people that existed within our territory 4,000 years ago, and to be in close proximity of their images — it’s a humbling experience,” Chief Warren Paull of the shíshálh Nation told CBC News.

“I see cousins. I see family.”

You can read more about this here. Amazing work.

SHE INSPIRES installation view.

Women’s history has long been marginalized in mainstream education, relegated to its own niche of study and overlooked in favor of male-dominated historical narratives. SHE INSPIRES, a group exhibition at The Untitled Space, highlights these lesser told histories through the work of over 60 contemporary artists. Each piece in the show is an homage to an important woman. Curator, Indira Cesarine, tells Creators, “SHE INSPIRES aims to honor and celebrate women who have impacted our culture and tell their stories which should be rightfully included not just as ‘women’s history,’ but everyone’s history.”

[…]

SHE INSPIRES is on display at The Untitled Space in Soho through May 20th. Click here for accompanying events and more information.

You can read and see more at The Creators Project.

The Slow Mo Guys take on mousetraps on a trampoline.

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.

#Hints You Are In Hell.

The U.S. Forest Service is not happy. They have very good reason for that, too. Some reading on the destruction to come:

Trump to sign executive order putting two decades of national monuments in jeopardy.

Trump’s order on national monuments decried as corporate ‘give-away’.

Via Raw Story.

Copwatch Premieres At Tribeca Film Festival.

Copwatch Documentary still.

Copwatch will be premiering at the Tribeca Film Festival, April 23rd to April 28th, if you can grab a ticket and watch!

Copwatch is the true story of We Copwatch, an organization whose mission is to film police activity as a non-violent form of protest and deterrent to police brutality. Around the country, a network of regular people take up cameras to bear witness to police actions and hold law enforcement to accountability. Director Camilla Hall profiles several We Copwatch members, including a young California dad who’s found direction in this activism, and Ramsey Orta, the man who filmed Eric Garner’s fatal Staten Island arrest in the devastating video that has galvanized protestors and activists nationwide. And yet Orta is the only person involved in these incidents who has seen the inside of a jail cell. In her powerful directorial debut, Hall crafts an intriguing and incredibly timely profile of citizen-journalist-activists who are seeking to disrupt the ever-present challenge of police violence.

—Opal Bennett

If you’re unaware of We Copwatch, please become aware, and if you haven’t supported We Copwatch, please consider doing so now. You can get a snazzy T-shirt or hoodie!

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.

The Farce That Is “The Wall”.

Ryan Zinke (Twitter).

Ryan Zinke (Twitter).

Just when you think rethuglicans really could not possibly go lower or more regressive, *bam*. Ryan the fink Zinke has a problem with the stupid wall – placing it on U.S. land would cede the Rio Grande, oh no wtfbbq!!!11!1 The solution? Doesn’t seem to be one right now, outside of making sure endangered animals are endangered right into extinction. It seems the only way to keep the Rio Grande would be to either steal land from Mexico, or build it on Mexico’s land and claim it for uStates. Or something. Jesus Fuck. There’s that Colonial mindset at work.

E&E News reports that Interior Secretary Ryan Zinke talked about the logistics of building a border wall while speaking at an event held by the Public Lands Council this week, and he said the Trump administration didn’t want to build the wall on American soil because it would mean ceding the entire Rio Grande river to Mexico.

“The border is complicated, as far as building a physical wall,” Zinke said. “The Rio Grande, what side of the river are you going to put the wall? We’re not going to put it on our side and cede the river to Mexico. And we’re probably not going to put it in the middle of the river.”

Zinke didn’t elaborate on how the wall would get built if it wasn’t located on America’s side of the Rio Grande or in the middle of the river, which implies that it would be built on the Mexican side of the border.

Elsewhere in his talk, E&E News reports Zinke said the Trump administration will seek a waiver to the Endangered Species Act so it can build the wall in jaguar habitats that are for now protected from “destruction or adverse modification.”

Via Raw Story. And, Ryan fucking idiot Zinke has now said there’s no such thing as clean energy. Nope.