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LeftCoastMom

Water is Life: Standing Rock

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Bismehe Ta3ala,

Dear LCM,

I'm very upset of how the authorities are treating the Natives, they think they can treat them or herd them like animals and get away with it.You see what they did to silence Amy Goodman and less than 200 views on this video shows you how the mainstream media is trying not to make this any sort of news.  God forbid if this was happening to any other race how we would hear about it at on the evening news.

We stand united with our Native brothers and sisters.  I honor them for their courage and right to protect their land.  If you end up going please give them my regards from Beirut, Lebanon all the way to ND.  I stand in solidarity with them, how passionate they are to also put up the Palestinian flag!   Pay attention ARABS!!!! Wake up you people of slumber.

God protect you and your family and all the people of justice against the people of tyranny and malice.

M3 Salamah, FE AMIN Allah

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On 10/28/2016 at 8:55 PM, LeftCoastMom said:

If there had been proper consultation , no " unforeseen circumstances "would have  arisen, obviously.
 

I disagree.  Seems simple up front, but for large scale projects, people naturally bump heads, even when they sit and talk through the details.  People naturally misscommunicate, thats just the way it is.

Quote

As it is,the tribe is suing because it feels its input was ignored in order to fast track the project for ETP.  They do not accept the Army's process or findings. 

Obviously there was contact with the tribes..as attested by the Corp personnel:

Eileen Williamson ( Corps Omaha District Spokesperson) told the Associated Press she couldn't comment on pending litigation, but that the agency's review of the pipeline found "no significant impacts to the environment or historic properties." She said Corps officials "met with tribal leaders on several occasions" and did their best to allay concerns.

This is NOT how proper tribal consultation is done. You don't " allay concerns", you work with the tribe to solve problems the tribe presents you regarding cultural sites, burials, etc.  The tribe puts its experts on the ground, too. You don't decide on " your" experts alone. You do not go forward until things are signed off on. Nowhere did Standing Rock  approve of this

 

...in violation of Section 106 of NHPA ,including the Corps problematic appendix C.

I am not under the impression that Standing Rock needed to approve of this.

"Plaintiff’s last point on the merits is that the Corps failed to offer it a reasonable opportunity to participate in the Section 106 process as to the narrow scope of the construction activity that the Corps did consider to be an effect of the permitted waterway activities.  The factual proceedings recited in exhaustive detail in Section I.D., supra, tell a different story.  The Corps has documented dozens of attempts to engage Standing Rock in consultations to identify historical resources at Lake Oahe and other PCN crossings.  To the reader’s relief, the Court need not repeat them here.  Suffice it to say that the Tribe largely refused to engage in consultations.  It chose instead to hold out for more – namely, the chance to conduct its own cultural surveys over the entire length of the pipeline.  "

"In fact, on this record, it appears that the Corps exceeded its NHPA obligations at many of the PCN sites.  For example, in response to the Tribe’s concerns about burial sites at the James River crossing, the Corps verified that cultural resources indeed were present and instructed Dakota Access to move the pipeline to avoid them.  Dakota Access did so.  See Ames Decl., ¶ 24.  Furthermore, the Corps took numerous trips to Lake Oahe with members of the Tribe to identify sites of cultural significance.  See Summit Lake Paiute Tribe of Nevada v. U.S. Bureau of Land Mgmt., 496 F. App’x 712, 715 (9th Cir. 2012) (not reported) (holding four visits with a
tribe to site constituted sufficient consultation for resolution of adverse effects).  Colonel Case 1:16-cv-01534-JEB   Document 39   Filed 09/09/16   Page 48 of 58 49 Henderson also met with the Tribe no fewer  than four times in the spring of 2016 to discuss their concerns with the pipeline.  Ultimately, the Corps concluded that no sites would be affected by the DAPL construction at Lake Oahe, and the State Historic Preservation Officer who had visited that site concurred.  The Corps’ effort to consult the Tribe on this site – the place that most
clearly implicated the Standing Rock Sioux’s cultural interests – sufficed under the NHPA. Contact, of course, is not consultation, and “consultation with one tribe doesn’t relieve the [agency] of its obligation to consult with any other tribe.”  Quechan Tribe of Fort Yuma Indian Reservation v. U.S. Dep’t of Interior, 755 F. Supp. 2d 1104, 1112, 1118 (S.D. Cal. 2010).  But this is not a case about empty gestures.  As noted in Section I.D.,supra, and the examples just above, the Corps and the Tribe engaged in meaningful exchanges that in some cases resulted in concrete changes to the pipeline’s route.  “This is not a case like Quechan Tribe, where a tribe entitled to consultation actively sought to consult with an agency and was not afforded the opportunity.”  Wilderness Soc’y. v. Bureau of Land Mgmt., 526 F. App’x 790, 793 (9th Cir. May 28, 2013) (not reported).The Tribe nevertheless asserts that the Corps’ failure to include it in the early cultural surveys rendered the permitting unlawful for at least some of the PCN sites.  These surveys, however, were not conducted by the Corps or under its direction.  Even setting this fact aside, neither the NHPA nor the Advisory Council regulations require that any cultural surveys be conducted for a federal undertaking.  The regulations instead demand only that the Corps make a
“reasonable and good faith effort” to consult on identifying cultural properties, which “may include background research, consultation, oral history interviews, sample field investigations,and field survey.”  36 C.F.R. § 800.4(b)(1).  It goes without saying that “‘may’ means may.”  
McCreary v. Offner, 172 F.3d 76, 83 (D.C. Cir. 1999).  These regulations contain “no Case 1:16-cv-01534-JEB   Document 39   Filed 09/09/16   Page 49 of 5850 requirement that a good faith effort include all    of these things.”  Summit Lake Paiute, 496 F. App’x at 715.  The Tribe, then, did not have an absolute right to participate in cultural surveying at every permitted undertaking, as it seems to argue.
  The Advisory Council regulations direct the agency to “take into account past planning, research, and studies” in making these types of determinations, see 36 C.F.R. § 800.4(b)(1), and that is just what the Corps did here.  It gave the Tribe a reasonable and good-faith opportunity to identify sites of importance to it.  As a result, the Court must conclude that the Tribe has not shown that it is likely to succeed on the merits of its NHPA claim at this stage.

Quote

When the Tribal Historic Preservation Officer did visit the site, he was able to make multiple significant findings.
http://www.indianz.com/News/2016/09/02/timmentz090216.pdf

Within a day of the tribes filing, according to witnesses, the company "skipped ahead "to the  section site in question and bulldozed it. You can see why this looks suspicious. At that point, Natural History Museum directors and anthropologists from all over the nation began to write letters of support for Standing Rock.

Where this surveying revealed previously unidentified historic or cultural resources that might be affected, the company mostly chose to reroute. Id., ¶¶ 4-6. In North Dakota, for example, the cultural surveys found 149 potentially eligible sites, 91 of which had stone features. Id., ¶ 5. The pipeline workspace and route was modified to avoid all 91 of these stone features and all but 9 of the other potentially eligible sites. Id.
By the time the company finally settled on a construction path, then, the pipeline route had been modified 140 times in North Dakota alone to avoid potential cultural resources. Id., ¶ 6. Plans had also been put in place to mitigate any effects on the other 9 sites through coordination with the North Dakota SHPO.
Id., ¶ 13. All told, the company surveyed nearly twice as many miles in North Dakota as the 357 miles that would eventually be used for the pipeline. Id., ¶ 12.The company also opted to build its new pipeline along well-trodden ground wherever feasible. See ECF No. 22-1 (Declaration of Joey Mahmoud), ¶¶ 18, 24, 40. Around Lake Oahe, for example, the pipeline will track both the Northern Border Gas Pipeline,
which was placed into service in 1982, and an existing overhead utility line. Id., ¶ 18. In fact, where it crosses Lake Oahe, DAPL is 100% adjacent to, and within 22 to 300 feet from, the existing pipeline. Id. Dakota Access chose this route because these locations had “been disturbed in the past"

 

This made it less likely then, that new ground disturbances would harm intact cultural or tribal features Id. Around the time the cultural survey work began, Dakota Access took its plan public. See Howard Decl., ¶ 12. On September 30, 2014, it met
with the Standing Rock Sioux Tribal Council to present the pipeline project as part of a larger community-outreach effort. Id., ¶ 22. Personnel from Dakota Access also spoke with the Tribe’s Historic Preservation Officer (THPO), Waste’ Win Young, several times over the course of the next month. Id., ¶¶ 23-27. At one related meeting, a DAPL archaeologist answered questions about the proposed survey work
and invited input from Young on any areas that might be of particular tribal interest.
Id., ¶¶ 25-28. The company agreed as well to send the centerline files from its cultural survey to her for review, and did so on November 13.
Id.
, ¶ 28.
It never received any response from Young
. Id
Quote

 

 

The Department of Justice, the Department of the Army and the Department of the Interior issued the following statement regarding Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers: ( Sept. 9)
“We appreciate the District Court’s opinion on the U.S. Army Corps of Engineers’ compliance with the National Historic Preservation Act.  However, important issues raised by the Standing Rock Sioux Tribe and other tribal nations and their members regarding the Dakota Access pipeline specifically, and pipeline-related decision-making generally, remain.  Therefore, the Department of the Army, the Department of Justice, and the Department of the Interior will take the following steps.
The Army will not authorize constructing the Dakota Access pipeline on Corps land bordering or under Lake Oahe until it can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws.  Therefore, construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time.  The Army will move expeditiously to make this determination, as everyone involved — including the pipeline company and its workers — deserves a clear and timely resolution.  In the interim, we request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.

“Furthermore, this case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects.  Therefore, this fall, we will invite tribes to formal, government-to-government consultations on two questions:  (1) within the existing statutory framework, what should the federal government do to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights; and (2) should new legislation be proposed to Congress to alter that statutory framework and promote those goals."

Other sections of govt. responding by having the army corps halt operations, doesnt necessarily mean the army corps wasnt in compliance. The corps could have done everything by the book, while the nature of our protective govt may still step in to assist the native people.  This is what the government is, in theory, designed to do.

Quote

 

As far as the environmental issue is concerned, a " safe' pipeline should be good enough for Bismarck,too. It obviously wasn't.

 

 

Its not like someone said, oh lets not contaminate our peoples water, lets just send it south through the native americans water.

If there are regulations that state that pipelines cannot be placed within 500 feet of residential properties, then Bismarck by default becomes an area less likely to be used for pipeline construction over an area that is a half mile+ of tribal lands.

Edited by iCambrian

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I think people are trying to simplify this situation into a battle of Karbala, Yazid vs Husayn kind of situation.  But I would say that it is far different.  In fact you even have the government stepping in, in defense of native americans, despite the fact that on legal grounds, they may be at a loss.

I am pro alternative fuels.  I think green energy initiatives are great, and I absolutely think that oil releases can be terrible (I spend much of my day to day life remediating them).  But, I also recognize that the world currently runs on oil, and handcuffing myself to a bulldozer to stop a pipeline from being built, is unreasonable. I also know that companies are frequently taking more and more steps to prevent fuel releases. The less contamination oil companies need to clean up, the better off they are.  Large releases put companies out of business, so you can bet oil companies are continuously investing in competent technology.

Ultimately though, to human is error, and I hate to draw this analogy, but no form of birth control is 100%. Of the countless oil pipelines that exist, and the countless funds that are invested into their protection, releases do still occur.  This is just the current state of mankind and it doesnt equate to greedy oil tycoons oppressing minorities.

-------------------------------------------------------------------------------------------

On a side note,

If there are claims that the pipeline is crossing through grounds protected by a treaty, I would want to see the treaty, or statements of the treaty that are referred to in protecting these lands, and I would want to see where precisely these lands are located.  If there are claims that the pipeline is being constructed through burial grounds, then if this were demonstrated, then the construction should stop, regardless of anything else.

 

thats about all Ive got, best of luck left coast mom. Regardless of the outcome, I can only hope that there will be justice, however it falls.  If the army corps is reviewing its impact statement or any of its prior decisions, I just hope that it would be objective and display its results and why. And should there be alternative solutions that make both parties happy, hopefully they can find it.

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On 10/28/2016 at 8:55 PM, LeftCoastMom said:

The National Lawyers Guild has said " shopping malls have had more tribal input" than this Pipeline. 
To me, this sounds exactly what the tribal historic office has said....the tribe attempted to interface meaningfully with the Army Corps and their input was not considered properly ....in violation of Section 106 of NHPA ,including the Corps problematic appendix C.

If anyone wants to read a bit more about the painful Appendix C, here is a short article:

http://indiancountrytodaymedianetwork.com/2016/10/18/army-corps-treads-fuzzy-legal-line-evaluating-dapl-permits-166126

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#NoDAPL: The rights of Native communities in USA continue to be usurped. As believers we must support them in their struggle.

Please share and express your solidarity.

photo_2016-11-08_05-32-19.jpg

Edited by Laayla

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A Muslim relative of mine and I were discussing Standing Rock movement a month ago and how upset I was with all of that, against the Native Americans. He agreed with me. His wife is a Christian and I have not met her in person yet, supposed to fly back there later this month. I checked her facebook tonight and I see she is in Standing Rock right now. They did not tell me she was going there to support the Water Protectors. I am very surprised by this, and proud of her.  

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If this were really about protecting water, people should go protest the construction of industrial factories, laundromats (that's right), landfills, all the thousands of other oil and gas pipelines being constructed, and gas stations. Each of these, individually, contaminate far more water in America than this pipeline ever would. And if oil as a whole is the issue, then people shouldn't be driving cars to go protest. You may as well take the clothes off your back and the shoes off of your feet, because refined oil is used to make those as well. It's used to make the plastic that holds the very water that the protestors are drinking.

Investing in products that use oil, defeats the purpose of protesting against its production. 

Edited by iCambrian

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1 hour ago, iCambrian said:

 

This is really black and white thinking. By similar reasoning, we should ignore the person who robs a store because that's barely a drop in the bucket of crime. 

We'll get to a greener future someday inshallah. But only if we start with baby steps. 

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20 minutes ago, notme said:

This is really black and white thinking. By similar reasoning, we should ignore the person who robs a store because that's barely a drop in the bucket of crime. 

We'll get to a greener future someday inshallah. But only if we start with baby steps. 

The difference in arresting thieves is that you are not investing in their livelihood and you do not depend on their existence.

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6 minutes ago, iCambrian said:

The difference in arresting thieves is that you are not investing in their livelihood and you do not depend on their existence.

You buy into the capitalist economy that divides the rich and the poor and rewards possession of stuff, thus encouraging people to come into possession of stuff by any means available.

I haven't been able to tell if you are sincere in this discussion or playing devil's advocate, so if you're playing devil's advocate you're doing a good job. I would expect a scientist to have a more moderate perspective though.

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It's one thing to oppose and work against fossil fuels in a legal and affective way. Become an engineer and go make solar panels or hydrothermal wells for a living. Go work for environmental agencies or private remedial companies. Go join a company of technicians who drill clean water wells or develop ideas for safety and transport if fuel etc.

There are many ways to make a difference. Handcuffing yourself to a bulldozer just makes a mess of things.

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3 minutes ago, iCambrian said:

I have to ask, why would protestors wait until majority of the pipeline is completed before getting involved?

The pipeline is not almost completed. It is very long and goes through four different states, North Dakota, South Dakota, Iowa and Illinois. See the map: 

dapl mag.jpg

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It is at least predominantly complete with planning and investigation that has occurred over at least the past couple years. 

So why are people just now protesting? 

It's not like construction just started 

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Sorry...I am not at SR, but not getting good reception...losing the net again. I can't see all of the questions. Might try back later.

once again, The tribe did try to make contact with the Army Corps earlier in the process.  The protest camp has been there since late last winter. Even the Directors of Natural History Museums ( not exactly an activist bunch) signed on to support the Lakota in their claims, saying themselves that they felt  certain burials and sacred sites were disturbed and the surveys poorly done.  There are laws protecting these sites. They are scientists specializing in this and have gone on record. The Corps version of events isn't the only one out there. There have been issues with the Tesoro and other pipes in the area  already and folks are done with this. Don't know what will happen but people are still standing strong and getting seriously hurt and maimed. ( One young lady might lose an arm if she hasn't already....due to a concussion grenade or something similar...please keep her in your prayers). 

Thanks for all the support. It means a lot to people.

Edited by LeftCoastMom

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Good news! The pipeline construction near Standing Rock is halted! 

The Army Corps of Engineers has decided to deny a permit for the construction of a key section of the Dakota Access Pipeline.

The decision essentially halts the construction on the 1,172-mile oil pipeline about half a mile south of the Standing Rock Sioux Reservation. The decision is also a victory for the thousands of demonstrators across the country who flocked to North Dakota in protest.

http://www.npr.org/sections/thetwo-way/2016/12/04/504354503/army-corps-denies-easement-for-dakota-access-pipeline-says-tribal-organization

NoDAPL joy.jpg

EDIT: The news story had a correction: 

CorrectionDec. 5, 2016

 

A previous version of this story said the Dakota Access Pipeline was to run about half a mile south of the Standing Rock Sioux Reservation. In fact, the intended route was north of the reservation.

 

Edited by hameedeh
To add EDIT with news story correction.

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In North Dakota, where protests have gone on for months over construction of the controversial Dakota Access Pipeline, a lawmaker has introduced a bill that would allow motorists to run over and kill any protester obstructing a highway as long as the driver did not do it intentionally. 

http://www.npr.org/2017/01/31/512636448/bills-across-the-country-could-increase-penalties-for-protesters

North Dakota House Bill No. 1203 :censored: 

http://www.legis.nd.gov/assembly/65-2017/documents/17-0351-01000.pdf

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On 2/2/2017 at 10:31 PM, hameedeh said:

a lawmaker has introduced a bill that would allow motorists to run over and kill any protester obstructing a highway

That lawmaker should be immediately removed from office and evaluated for psychiatric disorders. 

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I have a friend that is irish origin that went to standing rock, and I have a friend that is cherokee and navajo and grew up on the reservations. the difference is that one knows the tribunal power mechanisms for the tribes, and handles things considerably differently compared to those who showed up and know nothing about tribal council politics.

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