Tag Archives: NoDAPL

Opinion: Trump’s decisions to expedite the Keystone XL and Dakota Access pipelines could actually slow them down


Published: Mar 20, 2017 5:28 a.m. ET

Cutting regulatory or procedural corners on the oil pipelines increases the risk of successful court challenges and trade disputes

President Donald J. Trump’s new actions intended to expedite approval of energy and infrastructure projects were hailed by industry groups and decried by environmentalists. If those actions are implemented in ways that cut regulatory or procedural corners, they likely will slow down infrastructure development by increasing the risk of successful court challenges and trade disputes.

If the agencies reviewing Dakota Access and Keystone XL pipelines don’t take the time to provide justifications for their recent decisions on those projects—influenced by Trump—courts may invalidate pipeline approvals. Implementing explicit local-content requirements for steel in pipelines could embroil the United States in trade disputes. Further, the administration’s memorandum to expedite federal infrastructure review and permitting creates uncertainty about the application of a more carefully thought out process Congress established in 2015.

Dakota Access Pipeline

Trump signed a memorandum designed to reverse the Army Corps of Engineers’ decision to withhold the last permission the Dakota Access Pipeline (DAPL) needed to complete construction until it undertook additional review of an alternate route and conducted additional tribal and public engagement by preparing an environmental impact statement, or EIS.

The Corps of Engineers has now rescinded the environmental review and granted the easement to those constructing the pipeline, citing Trump’s directive as its basis for action. The reviewing court has denied a request for a preliminary injunction from the Standing Rock Tribe. While the court didn’t rule on the tribe’s motion for partial summary judgment, there is still some risk the court could halt or delay operation of the pipeline and order the army to proceed with more environmental review.

The main issue with the Corps of Engineers’ decision is that while an agency can change its mind about a policy decision, that agency must provide a reasoned justification for that change, particularly when it is changing its determinations about the underlying facts and circumstances of an issue. The Corps of Engineers should have explained why there was a basis to change its mind about producing an EIS before the comment period on scoping for the EIS had finished. While its analysis in support of reversing course went over the procedural history of the environmental review, it provided no explanation for changing its decision to conduct an EIS, however, other than referring to the president’s memorandum. Court cases indicate that a change in administration itself isn’t a reasoned justification for changing an agency’s decision about the underlying facts and circumstances of that decision.

If the court finds the Corps of Engineers’ change in decision to be arbitrary and capricious, it could order an EIS to be completed and may order pipeline operations be halted pending the completion of that EIS. In the rush to move forward immediately after the inauguration, the administration may have slowed down DAPL’s progress.

Keystone XL

In addition to his executive action on DAPL, Trump signed a memorandum inviting TransCanada to resubmit its application for the Keystone XL project and directed agencies to make a permitting decision within 60 days. TransCanada resubmitted its application on Jan. 26 and submitted a new application for the route in Nebraska on Feb. 16.

This accelerated timeline significantly increases the risk that a court could block any decision to grant Keystone XL a permit.

First, despite the 60-day time limit in the memo, the U.S. Department of State needs to follow the same considerations the Army Corps of Engineers must follow in DAPL to ensure that any change in its decision is supported in the record or it will face legal challenge that its actions are arbitrary and capricious. The State Department would have an additional legal defense in court that is not available to the Corps of Engineers in DAPL because two out of three district courts that have considered previous presidential permits have found the permits unreviewable. There is no guarantee that subsequent courts will follow those precedents, however, and if the court reviewing this action doesn’t, it will judge State Department actions as arbitrary and capricious.

Second, one of the key decisions that the State Department will need to make in that process is whether there is a change in circumstances that would alter the environmental impacts of Keystone XL described in the supplemental environmental impact statement, or SEIS. Litigants could assert, at minimum, that the collapse in oil prices since the SEIS was concluded may change the SEIS conclusion that Keystone XL was unlikely to affect production and thereby greenhouse gas (GHG) emissions from the oil sands.

Third, the State Department has previously stated that it couldn’t adequately evaluate the impacts of Keystone XL without a final approved route in Nebraska. TransCanada won’t complete the process in Nebraska for at least several months, well after the 60-day deadline for the department to make a decision. The department will need to justify why it has changed its consideration of the facts and can now adequately evaluate the environmental impacts of the pipeline without a settled route in Nebraska.

Fourth, the president’s suggestion that he might impose additional conditions could make the project uneconomic. While the administration has stated it will not require the pipeline to be constructed from U.S. steel, in the current low-oil-price environment even more modest additional conditions could challenge the project’s economics. TransCanada has agreed to temporarily suspend its $15 billion North American Free Trade Agreement claim against the United States, but it has not yet dropped the claim. If it does decide to pursue the Nafta claim instead of complying with uneconomic additional conditions, TransCanada could cite the imposition of conditions by the current administration to buttress its claims that the United States has treated the company unfairly and arbitrarily.

The domestic content plan

Trump also signed a memo directing Secretary of Commerce Wilbur Ross to develop a plan under which pipelines in the United States are required to use materials and equipment produced domestically. As with the other memorandums, this one leaves the hard work to the agency in question, and Ross will face significant challenges in crafting a plan that avoids creating additional legal uncertainty in a World Trade Organization challenge or harming U.S. industry.

WTO agreements generally prohibit requirements giving preference to domestically sourced goods over imported goods. The United States has long been a champion opposing local-content requirements, or LCRs, having won a landmark pre-WTO proceeding that overturned many Canadian local-content requirements in its Foreign Investment Review Act, and recently won a challenge against India’s LCRs in its solar industry.

Any plan that supports using U.S. steel and equipment in pipelines will need to be carefully designed to avoid being invalidated at the WTO. In addition, LCRs generally harm the economy of the country implementing them by increasing costs in the economy as a whole and harming international competitiveness.

Expediting federal permit reviews

The most unusual of Trump’s memorandums is the one expediting reviews of infrastructure permits. The memorandum creates a process for expediting permitting reviews headed by the chair of the Council of Environmental Equality (CEQ). The memo, however, doesn’t describe how it relates to existing measures to streamline infrastructure review processes, most importantly the 2015 Fixing America’s Surface Transportation (FAST) Act. The bipartisan FAST Act provides authority to an interagency Federal Infrastructure Improvement Steering Council, controlled jointly by the Office of Management and Budget and CEQ, devoted to streamlining federal permitting reviews.

In contrast to Trump’s memo, the FAST Act takes a comprehensive approach to addressing permitting delays. OMB’s inclusion in the process is important because its mandate and expertise is in overall management of the executive branch, including the budget. By contrast, CEQ’s expertise and mandate is primarily devoted to the implementation of the National Environmental Policy Act (NEPA). Expediting federal permitting isn’t simply a matter of speeding up the NEPA examination, but also often involves efficiently mediating interagency disputes about limited resources and overlapping statutory authorities, which is the purview of OMB.

Better pathways

Federal permitting of pipelines and energy infrastructure should be improved, and improving pipeline safety by replacement of aging pipelines should be encouraged.

For cross-border pipelines, the executive order governing the State Department’s process for moving forward with the Keystone XL pipeline could be amended:

• to clarify cross-border pipelines are subject to FAST Act procedures;

• to allow existing permits to be amended for a change in control of the owner (or a change in the name of the line) without requiring a new permit; and

• to allow pipeline improvements (such as replacement, upgrade, or improvement with collateral equipment) to require notice but not issuance of a new permit. The administration may also consider whether the environmental review of cross-border pipelines should be led by a different agency with greater capacity.

However, for DAPL, the Army Corps of Engineers should still be prepared to proceed with additional environmental review by developing a plan that can be immediately implemented if the court rules against it on the still-pending motion for partial summary judgment.

For Keystone XL, the State Department should do a rapid but thorough review of SEIS to consider and evaluate if changed circumstances impact the NEPA assessment. The administration should consider changing the deadline for decision on the Presidential Permit to 30 or 60 days after Nebraska finishes its process.

On domestic content, the Commerce Department should evaluate alternatives to supporting U.S. steel production other than implementing an explicit local content requirement that is inconsistent with WTO obligations.

Finally, on overall expediting of federal permitting, the administration should clarify that it is not creating a new, competing system for expediting infrastructure reviews and clarify how the recent order can be integrated with the existing FAST Act requirements.

The administration can best expedite approval of pipelines and other energy infrastructure without sacrificing environmental, safety, or economic concerns by ensuring that agencies have sufficient resources to meet expedited timelines while still complying with existing laws.

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Bless The Water around the World on March 22 for World Water Day


 

Join us on World Water Day

in a Global Prayer for Water
Join us as we come together to Bless The Water around the World on March 22 for World Water Day.
Gather at your local water source, or home, and place good intentions and prayers into the water. Let’s stand in solidarity with the world’s Water Protectors and take the first step towards
cleaning and restoring the world’s water because #WATERisLIFE.
Register now to listen to the free LIVE AUDIO BROADCAST at 5pm Pacific from Unify, led by Chief Phil Lane Jr.
And to watch the FREE UPLIFT FILM, ‘WATER is LIFE’, featuring
Dr. Gerald Pollack, Mayan Elder Tata Pedro, Dr. Bruce Lipton,
Uqualla Medicine Man, Vandana Shiva and Whaia Whaea.

500,000 people are getting clean water access!

Want to help us make it 1 Million?

Last year, the Bless The Water campaign helped Waterbearers get clean water filters to 8 countries, and this year they are delivering their first systems on US soil, on World Water Day March 22!

Just $50 gets clean water access to 100 people for ten years!

Dakota protesters regroup, plot resistance to other pipelines


Sat Feb 25, 2017

A man warms up by a fire in Sacred Stone camp, one of the few remaining camps protesting the Dakota Access Pipeline in Cannon Ball, North Dakota, U.S., February 24, 2017. REUTERS/Stephen Yang

By Terray Sylvester | CANNON BALL, N.D.

Opponents of the Dakota Access Pipeline who were pushed out of their protest camp this week have vowed to keep up efforts to stop the multibillion-dollar project and take the fight to other pipelines as well.

The Oceti Sakowin camp in Cannon Ball, North Dakota, was cleared by law enforcement on Thursday and almost 50 people, many of them Native Americans and environmental activists, were arrested.

The number of demonstrators had dwindled from the thousands who poured into the camp starting in August to oppose the pipeline that critics say threatens the water resources and sacred land of the Standing Rock Sioux Tribe. The tribe has said it intends to fight the pipeline in court.

The 1,170-mile (1,885 km) line, built by Energy Transfer Partners LP, will move crude from the shale oilfields of North Dakota to Illinois en route to the Gulf of Mexico, where many U.S. refineries are located.

Tonya Olsen, 46, an Ihanktonwan Sioux from Sioux Falls, South Dakota, who had lived at the camp for 3-1/2 months, said she was saddened by the eviction but proud of the protesters.

She has moved to another nearby camp on Standing Rock Sioux Tribe reservation land, across the Cannon Ball River.

“A lot of people will take what they’ve learned from this movement and take it to another one,” Olsen said. She may join a protest if one forms against the Keystone XL pipeline near the Lower Brulé Sioux Reservation in South Dakota, she added.

Tom Goldtooth, a protest leader and executive director of the Indigenous Environmental Network, said the demonstrators’ hearts were not defeated.

“The closing of the camp is not the end of a movement or fight, it is a new beginning,” Goldtooth said in a statement on Thursday. “They cannot extinguish the fire that Standing Rock started.”

Many hope their fight against the project will spur similar protests targeting pipelines across the United States and Canada, particularly those routed near Native American land.

“The embers are going to be carried all over the place,” said Forest Borie, 34, a protester from Tijuana, Mexico, who spent four months in North Dakota.

“This is going to be a revolutionary year,” he added.

NEXT TARGETS

Borie wants to go next to Canada to help the Unist’ot’en Native American Tribe in their long-running opposition to pipelines in British Columbia.

Energy Transfer Partners, the Dallas-based company constructing the Dakota Access pipeline, is already facing pushback from a diverse base of opposition in Louisiana, where it is planning to expand its Bayou Bridge pipeline.

Other projects mentioned by protesters as possible next stops include the Sabal Trail pipeline being built to transport natural gas from eastern Alabama to central Florida, and Energy Transfer Partners’ Trans-Pecos in West Texas. Sabal Trail is a joint project of Spectra Energy Corp, NextEra Energy Inc and Duke Energy Corp.

Another protest is focused on Plains All American Pipeline’s Diamond Pipeline, which will run from Cushing, Oklahoma, to Valero Energy Corp’s Memphis refinery in Tennessee.

Anthony Gazotti, 47, from Denver, said he will stay on reservation land until he is forced out. Despite construction resuming on the Dakota pipeline, he said the protest was a success because it had raised awareness of pipeline issues nationwide.

“It’s never been about just stopping that pipeline,” he said.

June Sapiel, a 47-year-old member of the Penobscot Tribe in Penobscot, Maine, also rejected the idea that the protesters in North Dakota had failed.

“It’s waking people up,” she said in front of a friend’s yurt where she has been staying. “We’re going to go out there and just keep doing it.”

(Additional reporting by Timothy Mclaughlin in Chicago and Liz Hampton in Houston; Writing by Ben Klayman; Editing by Matthew Lewis)

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The Indigenous Environment Network Responds to Forced Evacuation of DAPL Resistance Camps


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Media Contacts:
Jade Begay, jade@ienearth.org, 505-699-4791
Nina Smith, nina@megaphonestrategies.com, 301-717-9006

We apologize for incorrectly identifying 7th Generation Camp as Four Bands camp and have made the correction in the text below.

CANNON BALL, N.D.— At  2 pm CT on February 22, 2017, water protectors at the Oceti Sakowin camp were evicted by the Army Corps of Engineers. Despite efforts from camp leaders requesting more time to clean up the camp, the Army Corp remained firm with its plans to vacate the camp. The Army Corp claims jurisdiction of the land that the camp is located on even though the land is within the unceded Fort Laramie Treaty land and territories.
Individuals who voluntarily left camp prior to 2 o’clock had the choice to take a bus to be transported to an evacuation center, or relocate to other campsites outside of the eviction zone. Water protectors remaining in the camp now face risk of arrest.
There are three other campsites in the area for water protectors to relocate to: Sacred Stone, Cheyenne River, and 7th Generation camps.
Various law enforcement jurisdictions were on site including Morton County Sheriff’s, North Dakota State Highway Patrol and the North Dakota National Guard and National Park Service Rangers. The Bureau of Indian Affairs Law Enforcement established a traffic checkpoint and barricade on Standing Rock Sioux Tribe reservation land, on Highway 1806, to the south of the Cannonball River bridge.
The following is a statement by Tom Goldtooth, the Executive Director of the Indigenous Environmental Network:
“We are appalled by today’s forced evacuations of indigenous people at the Camp at Standing Rock, they are a violent and unnecessary infringement on the constitutional right of water protectors to peacefully protest and exercise their freedom of speech. It hinders the camp cleanup process and creates confusion and chaos that puts the Missouri River at risk of pollution from construction and camping debris.
“Today’s expulsion is a continuation of a centuries old practice, where the U.S. Government forcefully removes Indigenous people from our lands and territories. We urge supporters of the water protectors to continue to resist this travesty by organizing mass mobilizations, distributed actions, speaking out against the violations of the Treaty rights of the Standing Rock Sioux Tribe and the Seven Council Fires of the Great Sioux Nation, and continuing to source up the capacity for litigation and grassroots organizing against the Dakota Access pipeline.
“Our hearts are not defeated. The closing of the camp is not the end of a movement or fight, it is a new beginning. They cannot extinguish the fire that Standing Rock started. It burns within each of us. We will rise, we will resist, and we will thrive. We are sending loving thoughts to the water protectors along the banks of the Cannonball River, today. May everyone be as safe as can be. #noDAPL”

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The Indigenous Environmental Network  |  PO Box 485  |  Bemidji, MN 56619  | http://www.ienearth.org/

Tuesday February 7, the US Army Corps gave notice of intent to grant the final easement for the Dakota Access Pipeline


Rise With Standing Rock and Indigenous Resistance

Yesterday, Tuesday February 7, the US Army Corps gave notice of intent to grant the final easement for the Dakota Access Pipeline to cross the Mni Sose (Missouri River). 

They are skipping the Environmental Impact Study ordered in December, and skipping the congressional notification period required by law to push through a destructive, exploitative and illegal pipeline. We knew these attacks on frontline communities were coming and now more than ever we must #GrowTheResistance and take bold action. We stand united with Indigenous Peoples and water protectors.

It Takes Roots (a formation of the Indigenous Environmental Network, Grassroots Global Justice Alliance, the Climate Justice Alliance and the Right To The City Alliance) is calling for all our member groups and communities to rise up TODAY FEBRUARY 8th in solidarity with the Indigenous Coalition at Standing Rock’s worldwide call for emergency actions “to disrupt business as usual and unleash a global intersectional resistance to fossil fuels and fascism.  Connect with other struggles.  Think long-term movement building.  We are in this for the long haul.” 
Tom Goldtooth, Executive Director of the Indigenous Environmental Network, said
“Donald Trump will not build his Dakota Access Pipeline without a fight. The granting of an easement, without any environmental review or tribal consultation, is not the end of this fight — it is the new beginning. Expect mass resistance far beyond what Trump has seen so far.
“The granting of this easement goes against protocol, it goes against legal process, it disregards more than 100,000 comments already submitted as part of the not-yet-completed environmental review process — all for the sake of Donald Trump’s billionaire big oil cronies. And, it goes against the treaty rights of the entire Seven Councils Fires of the Sioux Nations.”
Check out the call below and take action!

WORLDWIDE CALL TO ACTION FEB. 8

We are calling for emergency actions all over the world. PLEASE, THIS IS OUR LAST STAND.
Please visit everydayofaction.org to find or register an action wherever you are. Check out our world action map  to join the mass distributed actions TODAY, February 8th. 

ACTION PLANNING TIPS

We encourage groups across the globe to connect our prayers for the water with other fights against fascism and the domination of people and Mother Earth (deportations, muslim ban, attacks on labor, deregulation of wall street, other fossil fuel projects, censorship of the press and academia, etc).
Choose the target that is most strategic for building long-term collaborative resistance in your local area.  Potential targets may include:  city halls, federal buildings, army corps offices, ICE detention centers, banks profiting off DAPL, sheriff’s offices that have come to Standing Rock, labor union offices, sites of workplace struggle, etc.
MESSAGING – please amplify and use the messaging put out here by

  • Rise with Standing Rock….against violations of sovereignty, crimes against Mother Earth, fascism, violation of law, etc.
  • Continue to elevate what’s happening on the ground in ND — demonstrate that this is something serious that resonates to all peoples in the face of Trump administration tyranny. Follow: @IENEarth on twitter and facebook.
  • Support Tribes’ request for TRO (Temporary Restraining Order)/injunction!
  • Resist Trump’s direct attack against indigenous communities with his executive orders re: DAPL & KXL. Indigenous communities are not backing down.
  • Police violence seems inevitable and mass casualties are very likely. The only way to keep people safe is to do the Environmental Impact Study.  If not, any blood spilled is on Trump’s hands and the hands of the Corps.   

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The Indigenous Environmental Network  |  PO Box 485  |  Bemidji, MN 56619  | http://www.ienearth.org/

Global Coalition Stages Protests and Bank Closures Across Mother Earth to Defund Dakota Access Pipeline


FOR IMMEDIATE RELEASE: February 3, 2017

CONTACT:
For inquiries to the Standing Rock Sioux Tribe, contact Nick Pelosi, Director Corporate Engagement, First Peoples Worldwide, standingrockdapl@gmail.com, 540-899-6545

For inquiries to the Indigenous Coalition at Standing Rock, contact Tara Houska, National Campaign Director, Honor the Earth, tara@honortheearth.org, 612-226-9404

For inquiries about the week of action and event logistics contact Vanessa Green, Individual Campaign Director, DivestInvest, vanessa@divestinvest.org, 617-230-8942

Global Coalition Stages Protests and Bank Closures Across Mother Earth to Defund Dakota Access Pipeline

While Trump, Energy Transfer Partners and Sunoco Logistics race to complete the pipeline, over 700,000 people representing over $2.3 billion in personal investments say no.

New York, Madrid, Munich, San Francisco, Tokyo, Amsterdam – On January 24th, President Trump signed a presidential memorandum fast tracking the Dakota Access Pipeline and environmental reviews of other projects. The corporations behind DAPL made it clear that they “fully expect to complete construction of the pipeline without any additional rerouting in and around Lake Oahe.”

There are three ways banks can be involved in the financing of DAPL: extending lines of credit to companies with ownership stakes, being directly invested in project sponsor companies (owning assets or shares), or providing project loan funds.

The completion of DAPL is critically dependent on those 17 banks that are jointly providing the project loan for the construction of the pipeline. All of them are facing massive protest against their involvement. Several banks in the consortium have now also openly criticised the project sponsors for not being sufficiently responsive to the concerns of the Standing Rock Sioux Tribe.

The pressure to terminate their involvement in the project has been increasing further over the last few weeks as hundreds of thousands of people worldwide are signing petitions to DAPL banks. Thousands more have already closed their accounts and defunded over $55 million and counting. This week, activists are showing up in person to make their voices heard on behalf of another 700,000+ people worldwide, a percentage of whom voluntarily report having over $2.3 billion invested in these banks through checking, mortgage, and credit card accounts – which they are ready to divest if the banks continue financing DAPL.

From January 30 to February 3, various events took place in cities around the world to deliver copies of the petitions and signatures to local branches and global headquarters of the 17 banks directly funding the construction of the DAPL: Bank of Tokyo Mitsubishi UFJ, BayernLB, BBVA, BNP Paribas, Citigroup, Crédit Agricole, DNB ASA, ICBC, ING, Intesa Sanpaolo, Mizuho Bank, Natixis, SMBC, Société Générale, SunTrust Robinson Humphrey, TD Bank, Wells Fargo. A full list of ongoing #NoDAPL 2017 actions is here.

The Sacred Stone Camp and their allies have vowed to stand their ground as long as DAPL construction equipment remains on Oceti Sakowin treaty land. The global coalition plans to continue pressure on all banks funding fossils throughout 2017.

In support of these actions, leaders from the movements to stop DAPL said the following:

Dallas Goldtooth, Keep It In the Ground Campaigner, Indigenous Environmental Network, said: “President Trump wishes to fast-track the construction of the Dakota Access pipeline, against federal law and tribal treaty rights. Indigenous nations and communities will not be the sacrifice zones for President Trump’s fossil fuel regime. We remain steadfast in our defense of our inherent rights and the protection of Mother Earth and we implore our allies to stand with us. We must remind the investors of this pipeline that they, via their financing, are threatening the lives of water protectors and it’s time to be held accountable for that.”

Standing Rock Sioux Tribal Chairman Dave Archambault II said: “By attempting to fast track DAPL, President Trump has made it clear that his priorities lie with his wealthy contributors rather than the public interest. Banks now have an opportunity to take a stand against this reckless assault on our treaty rights and water, or be complicit and continue to lose millions.”

Judith LeBlanc, Director, Native Organizers Alliance and member of the Caddo Tribe of Oklahoma, said: “The decision to build the Dakota Access Pipeline was made in the halls of power by a handful representing banks and corporations willing to sacrifice Mother Earth for profit. The decision to stop it will be made by the many, all across the world, who know that Mother Earth and water give us life. Time is now for investors to also stand for Mother Earth. We started at Standing Rock, now Standing Rock is everywhere.”

Chase Iron Eyes, lead attorney, Lakota People’s Law Project, said: “It’s inspiring to see the power of global currency being leveraged in the frontline movement at Standing Rock. Separate fights — defending clean drinking water, upholding constitutional freedoms, creating a new energy economy — are becoming one as people recognize and respond to the problem of banks using their money to finance human rights violations and brutality. If money rules the day then we will bring compassion to our capital by divesting.”

Angus Wong, Campaign Manager, SumOfUs: “Trump’s green light of the destructive Dakota Pipeline is a corporate scheme to enrich himself and his corporate friends. But we know targeting banks to stop financing this dangerous pipeline works — two days after we delivered hundreds of thousands of SumOfUs members’ signatures to Norway-based DNB bank headquarters in November, it pulled its assets in the pipeline. We hope DNB will again demonstrate leadership by committing to withdraw its project funding.”
Erich Pica, President, Friends of the Earth US, said: “The voices of Indigenous peoples have been ignored for too long – by the US government, corporations and big banks. By not acknowledging Indigenous peoples, these banks are perpetuating a pattern of colonialism and failing to respect Indigenous peoples’ rights to Free, Prior and Informed Consent.”

Vanessa Green, Director of DivestInvest Individual, said: “DAPL is simply the wrong kind of investment, and people don’t want their money behind it. With government mandates to scale up clean energy investments, a market increasingly supportive of a low carbon future, and unprecedented consumer and investor interest in moving money into climate and community solutions, the question now is which banks will lose the most in this historic energy transition.”

Mary Sweeters, Climate Campaigner with Greenpeace USA, said: “People across the world have pledged their solidarity with the Indigenous communities who reject this dirty pipeline and the threat it poses to the water and climate. The banks must choose whether they want to continue to invest their money in yesterday or listen to the millions of people who stand with Standing Rock.”

Fran Teplitz, Executive Co-director of Green America, said: “Now more than ever we need to move away from destructive fossil fuel pipelines and pursue a clean energy future. Indigenous communities are demonstrating heroic leadership by protecting water, the source of life, from the dangers of pipelines. We call on the government and banks to halt support for the Dakota Access Pipeline immediately.”
Kristen Perry, Climate Justice Montreal Organizer, said: “We need to stop funding projects which endanger water, land, and our communities, and instead follow the lead of defenders calling for direct action and support. It is crucial that we center justice for communities on the frontline of the crisis and the forefront of solutions, and pushing for divestment and the defunding of destructive projects is a tangible way for us to take action in solidarity with Indigenous communities across colonial borders.”
Yago Martínez from Ecologistas en Acción, said: “DAPL is not only a clear violation of Indigenous people’s rights but also a major climate threat. We believe in the importance of international solidarity to achieve goals leading to global and climatic justice, and therefore we cannot fail to stand with Standing Rock. We must raise our voices. Banks from all over the world are involved in this destructive project and they must be held accountable.”

Ruth Breech, Campaigner, Rainforest Action Network, said: “The Dakota Access Pipeline is a morally and financially bankrupt project. If banks value Indigenous rights and free, prior and informed consent, they will leave this project immediately. We don’t need another pipeline. We need financial institutions that are willing to take a stand and do the right thing-divest from the Dakota Access Pipeline.”

Leila Salazar López, Executive Director, Amazon Watch, said: “Indigenous peoples across the Americas, from Standing Rock to the Amazon, have for years been standing up against the destructive, racist practices of the fossil fuel industry. The number of people withdrawing their money from the banks supporting the Dakota Access pipeline is a clear signal to those banks that destructive fossil fuel projects are a bad financial, social, and environmental investment.”

Regine Richter of the German organization urgewald, said: “European banks involved in financing DAPL might think they are far enough away and can get off the hook from the protests. But here as well people are enthusiastic to stand with Standing Rock and protest against the loan, as we do this week at BayernLB.”
Johan Frijns, Director BankTrack, said: “The Dakota Access Pipeline is becoming a litmus test for all banks involved on how they let environmental, social and human impacts weigh in when considering finance for a particular project. In this case, the ongoing violation of the rights of the Sioux Tribe leave them no other option but to withdraw from the project.”

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NODAPL, Water is life, Indigenous Rising

The Indigenous Environmental Network is an international environmental justice nonprofit that works with tribal grassroots organizations to build the capacity of Indigenous communities. Find out more at: www.ienearth.org

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The Indigenous Environmental Network  |  PO Box 485  |  Bemidji, MN 56619  | http://www.ienearth.org/

‘The Dakota Access pipeline is becoming a litmus test for all banks involved’


With the Trump administration making clear its intent to push forward the Dakota Access pipeline (DAPL) regardless of widespread opposition, campaigners are ramping up their call for the project’s financial backers to pull their support.

“If money rules the day then we will bring compassion to our capital by divesting.”
—Chase Iron Eyes, Lakota People’s Law Project

A coalition of groups supporting the defunding campaign announced Friday that more than 700,000 people have signed onto petitions demanding DAPL-financing banks divest from the project. That number “includes individuals who collectively report having over $2.3 billion invested in these banks through checking, mortgage, and credit card accounts, which they are ready to divest if the banks continue financing DAPL,” according to a statement from organizers. Already, the divestment effort has led to the removal of $55 million and counting from more than a dozen banks. 

Reporting on how the #DeFundDAPL movement is spreading across Indigenous nations on Thursday, Frances Madeson wrote for Yes! Magazine:

“Many people are, rightfully, afraid that [President Donald Trump’s] executive support now means that the pipelines are full steam ahead,” said Melanie Yazzie, co-founder of The Red Nation, an activist coalition dedicated to the liberation of Native people from capitalism and colonialism. She views divestment as obstruction—the good kind—something akin to water protectors locking down on construction equipment and as a continuation of the widespread resistance that has united under the cry of #NoDAPL.

“The investors and financiers will not move forward if the projects are deemed financially unfavorable,” Yazzie said. “We must continue to deny settlers their desired profits, profits they reap from colonizing our non-human relatives—the land and water.”

That is the hope of a growing cohort of tribal leaders, activists, researchers, and strategists who have come to see divestment, which is catching on all across Indian Country, as a winning tactic in a wider strategy of non-cooperation.

“Indigenous peoples across the Americas, from Standing Rock to the Amazon, have for years been standing up against the destructive, racist practices of the fossil fuel industry,” Leila Salazar López, executive director of Amazon Watch, said Friday. “The number of people withdrawing their money from the banks supporting the Dakota Access pipeline is a clear signal to those banks that destructive fossil fuel projects are a bad financial, social, and environmental investment.”

The 17 banks directly funding the construction of the DAPL are: Bank of Tokyo Mitsubishi UFJ, BayernLB, BBVA, BNP Paribas, Citigroup, Crédit Agricole, DNB ASA, ICBC, ING, Intesa Sanpaolo, Mizuho Bank, Natixis, SMBC, Société Générale, SunTrust Robinson Humphrey, TD Bank, and Wells Fargo.

Protests at branch locations took place all week around the country and the world.

And there’s evidence that the campaign is having an effect.

International finance tracking organization BankTrack reported Thursday that Dutch bank ABN AMRO—which has not directly contributed to DAPL construction but had provided a total of $45 million in credit to parent company Energy Transfer Equity (ETE)—announced it would end its financing for ETE if the pipeline is pursued without the consent of the Standing Rock Sioux tribe, or if further violence is used against protesters. 

“The Dakota Access pipeline is becoming a litmus test for all banks involved on how they let environmental, social, and human impacts weigh in when considering finance for a particular project,” said BankTrack direcor Johan Frijns.

In separate but related news, Seattle’s Affordable Housing, Neighborhoods and Finance Committee this week voted to divest $3 billion from Wells Fargo over its support for DAPL. A final vote from the full council is coming Monday.

“It’s inspiring to see the power of global currency being leveraged in the frontline movement at Standing Rock,” added Chase Iron Eyes, lead attorney for the Lakota People’s Law Project, who was arrested protesting the pipeline just this week.

“Separate fights—defending clean drinking water, upholding constitutional freedoms, creating a new energy economy—are becoming one as people recognize and respond to the problem of banks using their money to finance human rights violations and brutality,” he said. “If money rules the day then we will bring compassion to our capital by divesting.”

The Standing Rock Sioux and its allies are also planning a Native Nations March on Washington for Friday, March 10.

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Wells Fargo Issues Statement in Response to Dakota Access Pipeline Protests


Ryan Burns / Monday, Jan. 30

PREVIOUSLY:

Press release from Wells Fargo:

Wells Fargo understands the social and environmental concerns associated with projects such as the Dakota Access Pipeline (DAPL). As a company committed to environmental sustainability and human rights, we respect all the differing opinions being expressed in this dispute. We are closely following the developments in this situation and are hopeful that all parties involved will work together for a peaceful and positive outcome.

Wells Fargo is one of 17 financial institutions involved in financing the DAPL. The loans we have provided represent less than 5% of the total. We remain committed to our obligations to serve our customers’ financial needs, and will continue to be respectful of the concerns being expressed by Tribal governments and communities, other groups and individuals.

Environment

Wells Fargo is committed to the responsible development of all forms of energy, and while we maintain a large conventional energy portfolio to support U.S. infrastructure, we are also a leader in the financing of renewable energy and clean technology. We have supported the evolution of energy markets toward cleaner forms of generation by investing more than $52 billion in environmentally sustainable businesses since 2012. In 2015, projects owned in whole or in part by Wells Fargo produced 10 percent of all solar photovoltaic and wind energy generated in the U.S.

Native American Communities

Wells Fargo has been serving Native American governments and communities  for more than 50 years, and today we provide capital and financial services to more than 200 tribal and native entities in 27 states, including tribal community development projects.

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The Indigenous Environmental Network Responds to Executive Orders


FOR IMMEDIATE RELEASE:

January 24, 2017

Contacts:

Jade Begay, jade@ienearth.org,  505-699-4791

Diane May, diane@megaphonestrategies.com, 317-292-2922

The Indigenous Environmental Network Responds to Executive Orders for Approving KXL & DAPL

Washington D.C. – At approximately 11am EST, President Trump signed five executive actions, two of which will advance construction of the controversial Keystone XL and Dakota Access pipelines. The other three memorandums will serve to expedite environmental reviews for high priority projects.
The following is a statement from Tom BK Goldtooth, the Executive Director of the Indigenous Environmental Network:
“The Indigenous Environmental Network is extremely alarmed with President Donald Trump’s announcement of the two Executive Orders setting the stage for approving the dirty energy pipeline projects of the TransCanada Keystone XL pipeline and the Dakota Access Pipeline.
“The Standing Rock Sioux Tribe and other Sioux Tribes, as sovereign Native nations, were never consulted by Trump or his Administration on this decision that further violates the treaty rights of the Lakota, Nakota, Dakota people. Trump is portraying his true self by joining forces with the darkness of the Black Snake pipelines crossing across the culturally and environmentally rich landscape of the prairie lands of America.
“These actions by President Trump are insane and extreme, and nothing short of attacks on our ancestral homelands as Indigenous peoples. The actions by the president today demonstrate that this Administration is more than willing to violate federal law that is meant to protect Indigenous rights, human rights, the environment and the overall safety of communities for the benefit of the fossil fuel industry.
“These attacks will not be ignored, our resistance is stronger now than ever before and we are prepared to push back at any reckless decision made by this Administration. If Trump does not pull back from implementing these orders, it will only result in more massive mobilization and civil disobedience on a scale never seen of a newly seated President of the United States.”

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Note to Press: Indigenous Environmental Network spokespeople are available for interviews in-person or by phone from Standing Rock, Washington, DC, and Chicago. To schedule, please contact Diane May at 317-292-2922, diane@megaphonestrategies.com.

The Indigenous Environmental Network was formed by grassroots Indigenous peoples and individuals to address environmental and economic justice issues across Turtle Island, also known as North America.