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February 3, 2017

Responsive Rhetoric

February 3, 2017 | By | No Comments

This week has been a hard one and the year has had a rocky start for me: I have been sick, and I am concerned about the recent news that overlaps with my community and research. President Trump is making way for Keystone XL and the Dakota Access pipeline (DAPL). Opposition to these two pipelines is the basis of the Native movements around Idle No More and Standing Rock (Mni Wiconi) which pushed for the stoppage of both Keystone XL and the Dakota Access pipeline. This is particularly discouraging as this action would threaten tribal sovereignty and break treaty law.

The result of this decision to allow the pipelines to move forward has yet to be seen. However, I am interested to see that protests occurred immediately after the announcement was made; the announcement was made two days ago and, since then, there were protests in New York two days ago and in Washington D.C. yesterday, and one in Minnesota today against the decision to encourage the continued development on these pipelines with hundreds of protesters at each event, despite it being part of the work week and extremely short notice to organize and react. This means that support is still strong and there is a clear alliance of the over 150 Indigenous Nations who support this movement as well as the millions of Americans who stand united with us.

The chairman of the Standing Rock tribe, David Archambault II, responded to President Trump’s permission for the Army Corp of Engineers to bypass the environmental analysis by writing:

Your Memorandum of January 24th instructs the Secretary of the Army to direct the Assistant Secretary for Civil Works and the US Army Corps of Engineers to review and expedite “requests for approvals to construct and operate the DAPL,” including easements. It also directs them to consider rescinding or modifying the Memo of December 4th, which calls for an Environmental Impact Statement and consideration of a reroute. There is more, but perhaps most astonishingly it calls for consideration of withdrawal of the Notice of Intent to prepare an EIS.

President Trump, the EIS is already underway. The comment period does not close until February 20th and the Department of the Army has already received tens of thousands of comments. This change in course is arbitrary and without justification; the law requires that changes in agency positions be backed by new circumstances or new evidence, not simply by the President’s whim. It makes it even more difficult when one considers the close personal ties you and your associates have had with Energy Transfer Partners and Sunoco.

Your memorandum issues these directives with the condition that these actions are carried out “to the extent permitted by law.” I would like to point out that the law now requires an Environmental Impact Statement. The USACE now lacks statutory authority to issue the easement because it has committed to the EIS process. Federal law, including the requirement of reasonable agency decision making, prevents that.

He continues to hold to Tribal and legal sovereignty with the following comments:
The problem with the Dakota Access pipeline is not that it involves development, but rather that it was deliberately and precariously placed without proper consultation with tribal governments. This memo takes further action to disregard tribal interests and the impacts of yesterday’s memorandums are not limited to the Standing Rock Sioux Tribe. This disregard for tribal diplomatic relations and the potential for national repercussions is utterly alarming.

This gives encouragement to the millions of people who are members of Tribal Nations and those who stand united with them. This unity is the strength of the movement, the nations, and the communities; may these voices continue to speak out and exercise their sovereignty and independence while encouraging considerate and thoughtful civility on the part of the U.S. Government and the Tribal Nations.

However, our survival is our resistance; our survivance is our voice, our sovereignty.  Life is basic part of nature and nature is the most basic of laws.  When life is threated by endangering life-giving, life-maintaining water, we resist to survive. We resist for our children and the next seven generations.  Our survivance is ongoing and we will not stay silent.

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