![The RCMP’s War in the Woods [Dispatches from Fairy Creek]](https://dgrnewsservice.org/wp-content/uploads/sites/18/2021/08/195525603_305675661254197_2021580234812101932_n.jpg)
by DGR News Service | Aug 28, 2021 | Biodiversity & Habitat Destruction, Colonialism & Conquest, Direct Action, Indigenous Autonomy, Movement Building & Support, Obstruction & Occupation, Repression at Home
Featured image from the Fairy Creek Blockade Facebook page.
On August 9th, exactly one year after the first Fairy Creek blockades began, the RCMP went on a rampage that appeared to be a tyrannical temper tantrum. They bulldozed down the kitchens at HQ, destroyed the pedal bikes, stole our medical supplies, fire-fighting equipment and communications devices, slashed car tires, towed away cars and tore down all the other buildings and toilets. The current RCMP operation includes the use of three helicopters, a surveillance van with satellite, about 100 officers from a special tactical team, police dogs, about 70 vehicles, arrest wagons, extraction equipment, gates and gate-builders, as well as team overtime and accommodation for nearly three months. The cost for this overwrought response to peaceful protestors is now undoubtedly in the millions.
*Four RCMP picked up a forest defender and appeared to deliberately drop him on his head. *He could see that the tow truck driver was about to hook up his friend’s car next, and was walking over to talk to him, when he was attacked:
https://www.instagram.com/stories/fairycreekblockade/2637396709166361159/
Towed vehicles are being released at a cost of $2500.00. City of Victoria councillor, *Ben Isitt’s take on the written legal decision *on illegal RCMP exclusion zones: “In an important decision published yesterday, BC Supreme Court Justice Douglas Thompson has concluded that the RCMP is acting unlawfully by blockading public forestry roads on southern Vancouver Island (so-called ‘exclusion zones’)” This is difficult to justify when a survey by Sierra Club of BC found 92% of British Columbians want old-growth forests protected.
A BioBlitz survey, recently conducted by a team of volunteer scientists, focused on *endangered species near* *Heli Camp*. Evidence was found of at least *seven *endangered species living there. Realizing that further destruction in the area is increasingly likely as the raids on River and HQ continue today, biologist Loys Maingon say, “Professional biological inventories carried out in the Heli Camp area have resulted in a formal complaint to the BC Forest Practices Board, because they show that Teal Jones disregarded BC Timber Sales’ own guidelines, and BC government’s own official commitment under the Species at Risk Act, to protect Old-growth Specklebelly lichen, which is a rare listed endemic species, unique to the West Coast. “Management guidelines in BC show that there should be a minimal 200-metre setback from this species,” he added. “Teal Jones has built roads through this unique population and caused ‘irreparable harm to the environment’. The area is also home to other listed species which were not inventoried prior to the issuance of forestry licenses.”
Dr. John Neilson, a past member of COSEWIC (the national scientific group assessing the status of endangered wildlife in Canada) stated: “The blockade has bought time for citizen scientists to start to do the biological survey work that government and industry was obliged to do, but apparently did not. “Already, many rare and unusual species have been found in the Fairy Creek area, and road construction has already destroyed rare communities. Teal Jones and the Provincial Government have been made aware of these findings. The ball is now squarely in their court to respond with meaningful long-term protection for British Columbia’s biodiversity in the already too-scarce old growth habitat of southern Vancouver Island.”
There were no consequences when Teal Jones began clear-cutting in Caycuse this spring, despite the Sierra Club of BC’s warning that nesting Western screech owls had been found there:
https://sierraclub.bc.ca/teal-jones-risks-destroying-fragile-western-screech-owl-forests/
Meanwhile, on Saturday Monday August 14th, 220 Elders marched into HQ and up the mountaina and scolded the RCMP who did not make any arrests. On Monday, August 16th, when Fairy Creek Forest Defenders were not looking, RCMP were caught slashing their drinking water bottles. We have seen repeatedly how this State sanctioned targets Indigenous and People of Color over settler forest defenders and brings home the hard facts of an extractive, destructive, nature-destroying post-colonialism.
![Legal update and hearing this week / Press Conference on Thacker Pass Lawsuits [Dispatches from Thacker Pass]](https://dgrnewsservice.org/wp-content/uploads/sites/18/2021/08/Rally-at-Far-Western-980x549-1.jpg)
by DGR News Service | Aug 27, 2021 | Biodiversity & Habitat Destruction, Climate Change, Colonialism & Conquest, Indigenous Autonomy, Listening to the Land, Mining & Drilling, Movement Building & Support, Obstruction & Occupation, Repression at Home, Toxification
On Friday, August 27th at 2pm Pacific, attorneys for Reno-Sparks Indian Colony and Atsa Koodakuh wyh Nuwu (People of Red Mountain) will hold a virtual press conference updating supporters and media members on the lawsuits against the Bureau of Land Management and Lithium Nevada Corporation.
Earlier that morning, there will be a hearing in Federal District Court. Judge Miranda Du will hear arguments from Reno-Sparks Indian Colony and Atsa Koodakuh wyh Nuwu (People of Red Mountain) on their motion for a preliminary injunction. If Judge Du grants the injunction, she is recognizing that these plaintiffs have a good chance of succeeding in their lawsuit which argues that the Bureau of Land Management violated federal law when they permitted the Thacker Pass lithium mine by not properly consulting with tribes. The full lawsuit will be heard later in 2021 or early 2022.
Friday’s hearing will be open to the public via video conference, but not in-person. We encourage anyone who is interested to attend. **But legal hearings can be hard to understand if you are not a lawyer, which is why we are planning to hold this virtual press conference that afternoon to explain what is happening in the case.**
Questions will be accepted and members of the press are invited to join.
The press conference will be live streaming on the Protect Thacker Pass Facebook page.
Legal update and hearing this week
Media coverage regarding the July 21st Thacker Pass mine-related injunction hearing seems to misunderstand the current status and implications of the ongoing legal battles over Thacker Pass, or “Peehee Mu’huh.”
Contrary to these media misrepresentations, Thacker Pass’ fate has not yet been decided – far from it. Lithium Nevada still has formidable legal obstacles to overcome – including the recent addition of Paiute-Shoshone plaintiffs bearing new, stronger arguments against the excavation of cultural sites at Thacker Pass.
It’s true that on July 23rd, Nevada Federal District Court Judge Miranda Du refused to grant an injunction that would have prohibited, on environmental grounds, the archaeological excavation of cultural sites at Thacker Pass. The judge rejected claims that the preliminary archaeological digging (of numerous hand-dug holes and seven 40-meter trenches) would cause irreparable environmental harm to the area.
However, some of the recent media coverage fails to clarify two crucial points. First, the July 23rd decision pertains only to the request for a preliminary injunction, rather than to the underlying legal case itself. Second, and even more importantly, on July 19th new plaintiffs moved to intervene in the legal case.
What is a Preliminary Injunction?
A preliminary injunction is a court order that preserves the status quo between relevant parties while the judge makes larger decisions about the underlying case. Since American law assumes that money can repair all harm, the legal system often allows companies to continue their projects even during an active lawsuit. If the judge rules that the company (or the BLM) violated the law, these defendants can compensate the harmed party with money. However, many judges recognize that money is not always an adequate reparation for harm to the environment or to cultural resources. Therefore, in such cases, judges often entertain a preliminary injunction motion.
Why did Judge Du reject the first preliminary injunction request?
In considering the environmental groups’ motion for a preliminary injunction, Judge Du acknowledged the possibility that the initial, archaeological excavations mentioned above could cause irreparable environmental harm. Although the judge ultimately decided that the smaller archaeological excavations would not cause that level of disturbance, she has not yet ruled on the environmental threat posed by the entire project.
What comes next for the environmental lawsuit?
The underlying legal case (filed back in February by Western Watersheds Project, Wildlands Defense, Great Basin Resource Watch, and Basin and Range Watch), challenges the Bureau of Land Management’s Record of Decision, which permitted the corporation’s proposed lithium mine on public land. If the judge rules in favor of the plaintiffs and against the BLM, the Record of Decision will be suspended or vacated entirely. The judge’s final decision on that case is slated for January 2022 and will assess and respond to the environmental harm of the entire proposed mining project, which includes chemical processing facilities and a 400-foot deep open pit that would destroy miles of surface area in Thacker Pass.
Lithium Nevada investors are foolish to overlook the fact that the primary legal decision on the Thacker Pass project still remains to be made. Even more significantly, Judge Du recently accepted the addition of local tribal groups to the case. The judge acknowledged that these new plaintiffs make stronger arguments – on cultural grounds – against both the archaeological digging and the entire project.
Why and how are Native Tribes and organizations getting involved?
The night before the July 21st hearing, the Reno-Sparks Indian Colony and the People of Red Mountain (a committee of land protectors from the Fort McDermitt Paiute-Shoshone reservation) made a formal motion to intervene in the case. Conceding that the lawsuit filed by Western Watersheds, etc., did not adequately represent tribal concerns, Judge Du admitted these two groups as plaintiffs to the case. The Burns Paiute Tribe, making similar arguments, has since joined the case as well. In July 2021, the judge decided to consolidate the lawsuits by adding these three indigenous groups’ lawsuit, as well as the lawsuit filed by local rancher Edward Bartell, to the original case filed by the environmental groups.
On July 27th, the Reno-Sparks Indian Colony and the People of Red Mountain moved for their own preliminary injunction, on the grounds that digging up cultural sites — including burial sites and a massacre site — would do irreparable spiritual and cultural harm to them as indigenous people whose ancestors lived in and around Peehee Mu’huh.
The indigenous groups also argue that the BLM failed to adequately consult with all relevant tribes before issuing the Record of Decision.
What will happen if Judge Du grants the Preliminary Injunction request?
If the judge supports the tribes by granting this preliminary injunction after the hearing scheduled for August 27th, the corporation and the contracted archaeological group cannot disturb Thacker Pass until the end of January at the earliest. Receiving this injunction would mean that if the BLM issues an Archaeological Resources Protection Action (ARPA) permit to Far Western Anthropological Group, allowing archaeologists to begin trenching and digging at Thacker Pass, the BLM would be doing so illegally. Granting the preliminary injunction on August 27th would likely protect Thacker Pass until at least spring of 2022, since Lithium Nevada has stated they would have to wait for winter snows to melt before digging.
What if Judge Du refuses to grant the injunction?
Even if the judge refuses to grant the injunction in August 2021, both the BLM and Lithium Nevada still face many legal hurdles. The BLM must contend with a separate lawsuit filed by local rancher Ed Bartell and not yet heard in court. This lawsuit raises environmental concerns, including threats of further depletion of the already over-allocated aquifer and harm to Lahontan cutthroat trout, a Federally-listed threatened species. Bartell and another local rancher have also challenged water rights transfers which the corporation needs for the mine.
When will the preliminary injunctions be over, and the full lawsuit be heard?
Judge Du has stated that she intends to decide on this case by early 2022.
If the judge rules in favor of the tribes, the BLM will have to restart the consultation process. This process would need to include any tribes that wish to be included, and up to ten tribes in the region have demonstrable cultural ties to the Thacker Pass. The consultation process could easily take 1-2 years, during which time local, national, and international opposition may continue to build.
If the Judge rules in favor of Bartell and/or the environmental groups, the NEPA process may need to be revisited, which could similarly take years.
Meanwhile, Lithium Nevada also still needs air and water permits from the Nevada Division of Environmental Protection, Eagle Take permits from the U.S. Fish and Wildlife Service, and the ARPA permit from the BLM before construction can begin. The corporation also still needs the BLM to set the mining reclamation bond amount.
Conclusion
Contrary to statements made by Lithium Nevada and recent media coverage, this nefarious and ill-conceived lithium mining project still remains rather far from a reality. The fate of Peehee Mu’huh truly does still hang in the balance, and if any of the current plaintiffs win their cases, this mine could take many years to properly permit. It may never happen. It is essential that all people stand up against the destruction of the planet, poisoning of water, rampant colonialism, harm to local communities, and greenwashing represented by lithium mining projects like this.
For more on the Protect Thacker Pass campaign
#ProtectThackerPass #NativeLivesMatter #NativeLandsMatter
by DGR News Service | Aug 26, 2021 | Biodiversity & Habitat Destruction, Building Alternatives, Climate Change, Colonialism & Conquest, Indigenous Autonomy, Mining & Drilling, Movement Building & Support, Repression at Home, Toxification, White Supremacy
For more information
Fabio Víquez I fabio@colmenalab.com I +506 87089747
Leo Cerda I leo@blackindigenousliberation.com I +101 202 3418609
A delegation of representatives from six countries of America, representing Black and Indigenous communities and organizations belonging to the Black and Indigenous Liberation Movement (BILM) joined the Anishinaabe Nation and other Indigenous Peoples under the United States to demand that Enbridge Corporation stop the construction of the Line 3 oil pipeline, as well as all extractivist, racists, and colonial projects that violate their rights, territories and culture.
August 19, Minneapolis, USA. Between August 18 to 21, a delegation composed of representatives from social movements and Indigenous and Black communities from Canada, United States, Mexico, Dominican Republic, Chile and Ecuador; members of BILM; joined the communities of the Anishinaabe Nation and other Peoples of the United States to demand the suspension of Canadian oil company, Enbridge’s project, which plans to build Line 3, one of the largest crude oil transportation pipelines in the United States.
The BILM delegation of representatives demands the end of the colonial-extractivist model endangering the life of Indigenous Peoples and Black communities. Line 3 and other extractivist projects that are being implemented throughout the American continents negatively affect Indigenous Peoples violating their rights, territories, and culture; endangering especially biodiversity, water sources, and other vital resources for humanity; and also contributing to the environmental problems that affect the planet.
“The Anishinaabe People’s struggle against climate change is critical not only for them but for the entire planet. This struggle is particularly important for Black and Indigenous Peoples across the Americas for how it can unite us…and our communities must unite to stop the destruction of our planet, our territories and our own bodies.” Mike Bento, representative from New York City Shut It Down.
Line 3 is a project aiming to expand the pipeline that begins in Alberta, Canada and ends in Wisconsin, US, to transport almost a million barrels of oil per day. This project was proposed in 2014 by Enbridge, a Canadian oil company, responsible for the largest oil spill inside the US. Enbridge seeks to build a new oil pipeline corridor that will cross pristine wetlands and the territory of the Anishinaabe Peoples’ treaty lands through the headwaters of the Mississippi river up to the river banks of Lake Superior.
This is a time for mutual solidarity against racial capitalism, the carceral state, extractivism, patriarchy, and mass displacement. We are here to stand in solidarity with our relatives because there is no Climate Justice without Racial Justice.
“This is a time for mutual solidarity against racial capitalism, the carceral state, extractivism, patriarchy, and mass displacement. We are here to stand in solidarity with our relatives because there is no Climate Justice without Racial Justice.
Our fight to end centuries of colonization requires us to work together, to organize across borders and across languages in order to achieve liberation and self determination for our peoples across the hemisphere“, expressed Leo Cerda, founding member of the BILM Movement, and a member of the Kichwa indigenous people.
The State of Minnesota’s Environmental Impact Statement for Line 3 recognizes that the project will have “disproportionate and adverse impacts” on Native Peoples (Section 11.5), meaning this project does not comply with the basic environmental standard or the approved safeguards for recognized Indigenous territories. The construction of this pipeline is an act of environmental racism.
Amin Matias, member of the Dominican Afrodescendant Network, said that “Indigenous peoples, local communities and Black Peoples must resist against a development model that threatens our lives and the planet. We are here to condemn extractivism and fight against the structural racism that Black and Indigenous Peoples experience.”
The implementation plan for the Line 3 project will go through not only Anishinaabe territory, but also the territory of others, such as Dakota and Lakota Peoples. The establishment of this project would violate the Anishinaabe people and nation in its pathway, endangering the flora and fauna, pristine wetlands as well as the culture and the sovereignty of these indigenous Peoples.
Teresa de Jesús Mojica Morga, Coordinator of the Network of Afro-Latin American, Afro-Caribbean and Diaspora Women-Mexico Chapter, stated that
“Solidarity among Indigenous and Black Peoples strengthens our struggle against extractivism and the abuse of the great economic powers promoting Line 3 in Minnesota, as well as in many other territories. Indigenous Peoples protect nature to preserve the planet for all humanity”.
As for Rosa Marina Flores Cruz, an Black-Indigenous Binnizá woman from the Isthmus of Tehuantepec, Oaxaca, Mexico, and member of the Indigenous Peoples’ Assembly of the Isthmus in Defense of Land and Territory, declared:
“We are here to make a common front. In the Isthmus of Tehuantepec in Oaxaca, Mexico, we are facing mega wind energy projects, which is renewable energy, but also projects to establish gas pipelines, and paradoxically, both types of projects follow the same logic of dispossession and appropriation of our territories”.
The consequences of the extractivist activities in both North America and Latin America are reflected in the impact on the territories, biodiversity, forests, soil, water, and the air quality which above all affect the population living there, for example, the case of Texaco in the Ecuadorian Amazon, a company that during its extraction period (between 1960 and 1992) produced 68 million cubic meters of wastewater filled with heavy metals and carcinogens, affecting the Siona, Secoya and Cofán Indigenous Peoples for several generations.
“Indigenous Peoples have to stop the expansion of extractive industries. Line 3 is intended to transport crude oil, but in my territory, in the Kichwa community of Serena, in the Amazon jungles of Ecuador, they want to set up mining concessions not authorized by us, the Indigenous Peoples,” said Majo Andrade Cerda, an Indigenous person from the Kichwa community of Serena, in the Ecuadorian Amazon.
ABOUT BILM
The Black and Indigenous Liberation Movement (BILM) is a coalition of collectives, peoples, grassroots organizations and social movements from across the Americas. It was born in 2020 to support struggles against racism, discrimination, violence, colonialism and the ravages of racial capitalism. The movement seeks to unite all the voices of the continent and establish a solidarity action network that allows us to raise awareness of the demands of each community and territory so that together we can fight the inequality and injustice experienced by Indigenous Peoples and Black communities. More info
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Established in 1990, The Indigenous Environmental Network is an international environmental justice nonprofit that works with tribal grassroots organizations to build the capacity of Indigenous communities. IEN’s activities include empowering Indigenous communities and tribal governments to develop mechanisms to protect our sacred sites, land, water, air, natural resources, the health of both our people and all living things, and to build economically sustainable communities.
Learn more here: ienearth.org
by DGR News Service | Aug 24, 2021 | Biodiversity & Habitat Destruction, Climate Change, Colonialism & Conquest, Indigenous Autonomy, Mining & Drilling, Movement Building & Support, People of Color & Anti-racism, Protests & Symbolic Acts, Toxification
FOR PLANNING PURPOSES
CONTACT: media@resistline3.org or 406-552-8764
Jennifer K. Falcon, jennifer@ienearth.org, 218-760- 9958
(St Paul)- Indigenous water protectors and allies will gather at the Minnesota State Capitol in late August for Treaties Not Tar Sands. From August 23rd to 26th, Indigenous grandmothers from White Earth Nation will hold ceremonial space on the Capitol lawn. On August 25th, hundreds of people will gather for a rally from 2 – 5 PM to call on Governor Walz and President Biden to stop the Enbridge Line 3 pipeline from transporting tar sands oil across northern Minnesota. On Wednesday night after the rally, some water protectors intend to hold space and camp out on the Capitol lawn.
The primary public event, the rally on August 25th, coincides with the end of the Treaty People Walk for Water. Led by Indigenous water protectors, the walk began on August 7th from the headwaters of the Mississippi River, which is the site of several recent Line 3 spills. The walkers are bringing a message from the frontlines to Governor Tim Walz and President Joe Biden at the Capitol: “Stop Line 3!”
August 25th: Treaties not Tar Sands Rally details:
- What: A rally with hundreds of water protectors featuring drumming, singing, and remarks from Indigenous leaders in the movement to stop Line 3 and others.
- Where: Minnesota State Capitol, 75 Rev Dr Martin Luther King Jr Blvd., St Paul, MN
- When: August 25th, 2 – 5 PM
- Interviews: spokespeople will be available before, during, and after the rally
- Media check in: please check in at the media table when you arrive to coordinate interviews and get oriented to the event
August 24th: Additional Media Availability
Press are invited to attend a media availability with the Indigenous grandmothers leading ceremony and other organizers at the Capitol at 11:30 AM on August 24th.
Press are welcome to attend the second day’s ceremonial opening that morning at 10 AM. While you may be permitted to document some elements of ceremony, please respect requests from Indigenous leaders to stop filming or photographing at any point.
There are opportunities for photo and scheduled interviews Monday the 23rd to Friday the 27th.
The Ceremony at the Capitol has been organized by elder women from the White Earth Nation, and the events including the rally and encampment are organized by groups including the RISE Coalition, Indigenous Environmental Network, and MN350, and are endorsed by a broad coalition of Minnesota racial and environmental justice groups. For more information visit: Treaties Not Tar Sands and the event Facebook page.
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Established in 1990, The Indigenous Environmental Network is an international environmental justice nonprofit that works with tribal grassroots organizations to build the capacity of Indigenous communities. I EN’s activities include empowering Indigenous communities and tribal governments to develop mechanisms to protect our sacred sites, land, water, air, natural resources, the health of both our people and all living things, and to build economically sustainable communities.
Learn more here: ienearth.org
by DGR News Service | Aug 19, 2021 | Biodiversity & Habitat Destruction, Colonialism & Conquest, Indigenous Autonomy, Repression at Home
By Survival International.
Featured image: Rita Piripkura, the only contacted member of the Piripkura tribe. Her brother and nephew, Baita and Tamandua, are known to still live inside the territory.
© Survival
The only contacted member of the Amazon’s Piripkura tribe has voiced her fears that loggers operating illegally inside her people’s territory will soon kill her relatives.
Rita Piripkura is the only Piripkura person in regular contact with outsiders. In a unique interview released today by Survival International, she describes how nine of her relatives were massacred in one attack by loggers, and says that her brother and nephew, Baita and Tamandua, are known to still live inside the territory.
Rita says: “There are lots of land grabbers around… If they kill them, there won’t be anyone left.”
The Piripkura’s forest was deforested more than any other uncontacted tribe’s territory in Brazil in 2020. It is believed other members of the tribe are also living in the territory, having retreated to the depths of the forest.
The Piripkura’s forest is currently shielded by a Land Protection Order – an official order used to protect uncontacted tribes’ territories that have not been through the long process of official demarcation – but the order is due to expire on September 18.
A judge recently ordered the authorities to remove farmers and loggers inside the territory, but like most such edicts requiring government action, little has been done to comply.
Six other tribal territories are currently protected by similar Land Protection Orders, and in total they cover 1 million hectares of rainforest. But President Bolsonaro and his allies want to open up these territories, which remain vulnerable until they are fully demarcated as indigenous lands, as part of his government’s all-out assault on indigenous rights.
Sarah Shenker, head of Survival’s Uncontacted Tribes campaign, said today: “Rita Piripkura’s harrowing and urgent appeal for the survival of her relatives should be heard far and wide. The Piripkura people have been decimated by decades of killings at the hands of outsiders. Now those few that are left face the same fate, as ranchers and politicians, boosted by President Bolsonaro’s genocidal actions and proposals, are trying to rip up all protection of the Piripkura’s forest.
“The Land Protection Orders – and proper enforcement of them – are the only thing standing between uncontacted tribes like the Piripkura and total extinction. They must be renewed, all invaders evicted, and the land fully protected.”
by DGR News Service | Aug 11, 2021 | Colonialism & Conquest, Indigenous Autonomy, Repression at Home
This is a press release from the Center for Democratic and Environmental Rights.
Action filed against Minnesota Department of Natural Resources to Stop Diversion of 5 Billion Gallons of Water for Enbridge “Line 3” Pipeline.
WHITE EARTH, Minn. – On August 5, an action was filed in the Tribal Court of the White Earth Band of Ojibwe in Minnesota, by Manoomin (wild rice), the White Earth Band of Ojibwe, and several tribal members, to stop the State of Minnesota from allowing the Enbridge corporation to use five billion gallons of water for the construction of the oil pipeline known as “Line 3.”
This is the first case brought in a tribal court to enforce the rights of nature, and the first rights of nature case brought to enforce Treaty guarantees.
In December 2018, the business committee of the White Earth Band of Ojibwe adopted a “rights of manoomin” tribal law, which recognized wild rice as having the rights to exist, flourish, regenerate, and evolve, as well as inherent rights to restoration, recovery, and preservation.
The rights of manoomin law is the first tribal law to recognize legal rights of a plant or animal species.
This action was brought to enforce both the rights of manoomin (pursuant to the tribal law), as well as Treaty rights held by the tribe and tribal members. The Treaty rights, recognized in the 1837, 1854, and 1855 Treaties with the Chippewa and U.S. government, guaranteed the rights of the tribe to gather wild rice and other aquatic plants from public waters on Treaty lands.
Plaintiffs assert that the diversion of 5 billion gallons of water for an oil pipeline will interfere with both the rights of manoomin, as well as the rights of tribal members to use Treaty lands to hunt, fish, and gather wild rice.
Frank Bibeau, lawyer for the plaintiffs, stated, “The State of Minnesota is ignoring its treaty obligations and tribal laws in allowing the Enbridge corporation to take five billion gallons of water for the construction of the pipeline. This action is about upholding manoomin’s right to exist and flourish as established by tribal law, and about Minnesota’s legal obligations pursuant to the Treaties signed with the Chippewa. All we are demanding is that those Treaties be honored, and manoomin recognized as having the sacred status as recognized by tribal law.”
Mari Margil, the Executive Director of the Center for Democratic and Environmental Rights (CDER), who assisted with the drafting of the tribal law, explained, “This is the second rights of nature enforcement action filed this year, and the first filed by a tribe seeking to enforce those rights in tribal court. These corporate giveaways that destroy ecosystems and species, and violate Treaties, must stop. It’s time to pull the plug on Line 3 and other pipelines across the country that are a clear and present danger to communities and the planet.”
The action was filed in the White Earth Band of Ojibwe’s Tribal Court, and the complaint will be served on Minnesota officials.
