Editor’s note: The Extraction Economy and oil pipelines are everywhere, and they affect everyone. If you are white enough, rich enough, and/or lucky enough, the pipelines might not be built in your backyard, but no matter who you are, they contaminate the water, air, and land upon which you depend for your life. The distance does not keep you safe, it only delays alarm. There are no safe places to hide from a culture and economy based on extraction, drawdown, theft, genocide, and ecocide; this culture eats beautiful forested lands, rich seas, and clear skies and leaves behind wasteland, toxic dead zones, and, possibly in the near future, an inhabitable planet. If it doesn’t seem like this culture and its economy steals wealth of all sorts for the benefit of a few, it’s very likely that you live in an exclusion zone rather than a sacrifice zone. The exclusion zones are where resources are sent, where power is concentrated, where the in-group is nourished. Sacrifice zones are where resources are extracted, where power is enforced to maintain subjugation, where the out-group is impoverished. Even if you recognize the material problems this culture produces, its strong tradition of silencing dissent, erasing indigenous cultures and knowledge, and spreading self-serving disinformation obscure the root cause of these problems. For thousands of years, the dynamic of the haves and the have-nots has been at the core of an evolving culture that dominates and erases other cultures. It has taken many forms, including city-states, empires, kingdoms, feudalism, mercantilism, colonialism, white supremacy, patriarchy, capitalism, and fascism. The common denominator is a selfish urge to profit at the expense of others, beginning about 10,000 years ago with the advent of agriculture and male subjugation of women. This developed into various socioeconomic structures that depend on and thus facilitate the destruction of life. The dominant culture abuses the earth just as it abuses women.
“When it comes to protecting the planet, stopping pipelines needs to be one of our first priorities. And like other Earth-destroying machinery, pipelines are very vulnerable. They stretch on for miles with no guards, no fences, and no protection.” – Max Wilbert
When Enbridge Inc. announced on September 29, 2021, its “Line 3 Replacement Project [was] Substantially Completed and Set to be Fully Operational,” Winona LaDuke, Executive Director of Honor the Earth, issued a video response from the White Earth Reservation in Northern Minnesota. After years of fighting against Enbridge’s efforts to desecrate Anishinaabe lands, Winona refused to give up the fight. In her words, “They’ve created their jobs. They put in their pipe. They won. They’ve committed a crime. And someone needs to stop them from making a profit off of that crime. Do something for the people. Stop Line 3 and give us a ‘just transition.’”
Line 3 is a project of Enbridge Inc., a multinational corporation headquartered in Alberta, Canada. Enbridge transports 30% of all oil produced in North America and operates 76,546 miles of pipeline across the continent. Last year, Enbridge reported yearly revenue of $39.853B, a 33.53% increase year-over-year. Line 3 is part of Enbridge’s Mainline System and runs 1,097 miles from Edmonton, Alberta, to Superior, Wisconsin. Line 3 transports ‘tar sands oil,’ a variant of oil that the Union of Concerned Scientists denounces as “a mixture of mostly sand, clay, water, and a thick, molasses-like substance called bitumen…[which] on a lifetime basis…produces about 15% more carbon dioxide emissions.” Built in 1960, Line 3 initially transported 760,000 barrels of oil a day. But, as of 2019, it could only transport 390,000, about half the amount. Enbridge Inc. announced its Line 3 Replacement Project on October 24, 2014, by filing a Notice Plan with the Minnesota Public Utilities Commission (MPUC). In Enbridge’s words, the Line 3 Replacement Project will “maintain … high safety standards…and restore the historical operating capabilities of Line 3.”
But, the story of Line 3 is not that of “safety standards” and “operating capabilities.” Instead, it is the story of Honor the Earth and the Anishinaabe’s resistance against Line 3. It is the story of ‘manoomin,’ and Turtle Island again being attacked by the “Black Snake.” And it is the story of the MPUC’s failure to honor treaty rights and protect the Earth. Line 3 was not a failure of the State of Minnesota but rather the logical consequence of a settler-colonial political system determined to destroy the Earth and any potential for Native sovereignty. Enbridge knew it would face a fight, as with the Dakota Access Pipeline and Keystone XL. But, this time, it came prepared. It assembled the Northern Lights Taskforce, “brought jobs to Minnesota,” and pursued every legal and illegal option available to nullify resistance to Line 3. Enbridge wielded its power to its advantage, and it won. But, that doesn’t mean that the resistance failed.
Andy Pearson, Midwest Tar Sands Coordinator at MN350, who was also detained at an MPUC hearing, said, “Although Line 3 is in the ground, the fight against tar sands and pipelines…is something that does continue and will continue. We’re seeing action against Line 5 in Northern Wisconsin, and we’ll see more work to build against the Enbridge Mainline System.” While Line 3 is just a single component of Enbridge’s vast infrastructure holdings across the so-called United States, Enbridge appeared determined to influence every unit of the State of Minnesota to its advantage. Despite resistance by Honor the Earth, StopLine3, MN350, the Giniw Collective, the Sierra Club, and many others, Enbridge was able to use the police, the legislature, and the PUC to neutralize the Anishinaabe people and affiliated water protectors.
Enbridge’s relationship with Minnesota law enforcement is well established. Before beginning construction on Line 3, Enbridge obtained a permit through the MPUC that outlined its financial responsibilities to the State of Minnesota, including Minnesota law enforcement. It states:
“Prior to construction, the Permittee shall establish a Public Safety Escrow Account…Local Government Units (LGU) shall submit in writing an itemized request to the Public Safety Liaison sufficient to recommend to the Commission’s Executive Secretary whether services rendered were additional municipal services uniquely provided as a result of construction of the pipeline during the term of this permit.”
While Enbridge didn’t explicitly approve of nor solicit this inclusion, it’s hard to imagine that they do not approve. The Northern Lights Task Force, a coalition of Police Departments in Northern Minnesota, including the Aitkin Police Department and Palisade Police Department, is also the direct beneficiary of this provision. The Escrow Account functions as a blank check written by Enbridge on behalf of the policing agencies in Northern Minnesota. There are few limitations on what can be included in a reimbursement request. And in documents obtained by The Intercept, one Aitkin Police Department Seargent expressed hope that “the pipeline will give us an extra boost to next year’s budget, which should make it easy for me to propose an upgrade/trade to your rifles rather than a rebuild of our 8 Bushmasters.”
Shanai Matteson, a Cultural & Campaign Organizer at Honor the Earth and lifelong resident of Palisade, Minnesota, was heavily involved in the resistance against Line 3. In one incident, Shanai was charged for, in her words, “conspiring, aiding and abetting trespass on critical public infrastructure” for making “a speech at a rally where I live, also known as the Welcome Water Protectors Camp.” On the 30th Anniversary of the Enbridge Oil Spill in Itasca County, Shanai was charged after officers “kettled and arrested dozens of people taking part in a memory march.” When asked about the relationship between the State of Minnesota and Enbridge, Shanai indicated, “What happened here in Northern Minnesota sets a dangerous precedent…with local law enforcement paid to police the property and profits of a private company.”
According to a Permit Compliance Filing with the MPUC, “$250,000 was deposited on May 8, 2020” into the Escrow Account. But, in total, Enbridge paid $2,171,008.84 to the Minnesota Department of Natural Resources (DNR) and millions more to police departments across Northern Minnesota. Winona LaDuke, Executive Director of Honor the Earth, said she “was charged by a DNR officer first…so the guys charged with protecting us are the guys arresting us.” On June 15, 2021, Enbridge pierced an aquifer near its Clearbrook Terminal worksite. According to the DNR, as of September 5, 2021, 24.2 million gallons of groundwater had been spilled. As a penalty, the DNR ordered Enbridge to pay 3.32 million dollars. And yet, on September 10, 2021, Enbridge pierced another aquifer near the Fond du Lac Band of Lake Superior Chippewa Reservation, spilling 220 million gallons of groundwater.
The Department of Natural Resources and the State of Minnesota did nothing to stop Enbridge’s criminal misconduct in Northern Minnesota. But that shouldn’t be a surprise. Enbridge bought off the police and was willing to accept whatever fine the DNR might levy, as long as it meant Line 3 was in the ground. Yet, at the same time, viewing Enbridge’s relationship with the Northern Lights Taskforce, the State of Minnesota, and the Department of Natural Resources through this lens of corruption or malfeasance doesn’t do justice to the nature or extent of the relationship. It is no mistake that the Fond du Lac Band of Lake Superior Chippewa Reservation had 220 million gallons of water spilled into its Dead Fish Lake, threatening its wild rice harvest. Nor was it a mistake that Winona LaDuke, the ‘guardian ad litem for the Shell River’ appointed by the White Earth Band of Ojibwe, was arrested protecting the very river she swore to protect.
The Public Utilities Commission’s permit for Line 3 includes provision 6.11, titled Tribal Economic Opportunity and Labor Education Plan, which states, “The Plan must include…a discussion of how Minnesota-based tribal members and businesses will be given preference under the committed target.” Additionally, it demands that “The Plan…include: a discussion of a Regional Native American Training Program with the purpose of recruiting and training Native Americans in the region.” Enbridge employed 12,155 workers during its Line 3 Replacement Project, 295 of which identified as Native Americans and residents of Minnesota.
Even the Public Utilities Commission, despite serving as Enbridge’s puppet, recognized the plight of Native communities in Northern Minnesota.
Due to the legacy of displacement, assimilation, and extermination, Anishinaabe communities in Northern Minnesota have the highest poverty rates in the State. I.e., the 36.8% poverty rate on the Red Lake Reservation or the 37.9% poverty rate on the Leech Lake Reservation. If it could have a consciousness, Enbridge would not devote it to Minnesota, and certainly not the Anishinaabe. To Enbridge, the Anishinaabe are a resource and, at times, a nuisance. They are ‘people of the past’ and people to control. The MPUC urges Enbridge to “train” the Anishinaabe. But, here, “train” does not mean support or teach; instead, it means ‘to control.’ For Enbridge, it would be financially expedient to exterminate the last and only obstacle standing in the way of Line 3—the Anishinaabe who have stewarded the land for generations.
And while the Public Utilities Commission forbade “counterinsurgency tactics or misinformation campaigns” in Provision 5.5 titled Public Safety and Security, Enbridge didn’t listen. Documents obtained by the Intercept indicate that Enbridge launched an initiative titled “Opposition Driven Operational Threats,” which systematically documented and categorized Native individuals, tribes, and organizations into color-coded arrangements indicating whether or not they were a threat. In 2021, Enbridge event went so far as to purchase land near the headquarters of Honor the Earth (which they later sold after completing Line 3). While the relationship between Enbridge and the Northern Lights Task Force is well documented, Enbridge’s internally discussed strategy in directing the police against water protectors is less well known. Like a ‘black box,’ we know the result—nearly 900 arrests—but don’t know all of what went into Enbridge’s strategy.
While the battle against Line 3 is over, that does not mean that Honor the Earth or, for that matter, any other individual or organization involved in the fight against Line 3 has given up. Hundreds of water protectors are still facing charges, many of them, in StopLine3’s words, “with trumped-up felonies, with most of the felonies being bogus “theft” charges,” and a new campaign, “Drop the Charges,” has been launched to support those facing jail time upon conviction. But Enbridge hasn’t given up either. The fight against Line 5 is heating up in Michigan as Enbridge attempts to build a tunnel underneath the Straits of Mackinaw despite the opposition of the State of Michigan and the Bad River Tribe. When asked about the battle against Line 5 and why, despite the massive influence of a corporation like Enbridge, it’s still work fighting, Paul DeMain, Board Chair of Honor the Earth and Tribal Member of the Bad River Tribe, had this to say: “You know why? Because Enbridge fears the truth. And that’s what we’re fighting up against.”
Editor’s note: Colonialism has not ended. It is in full force. It is what civilization does. For this to end, governments must give the Land Back. All BLM, Forests and Park land should be returned to the sovereign Nations it was stolen from. Turtle Island is Treaty Land, ceded or unceded. Treaties are the Supreme Law of the Land and must be honored. Australia just returned more than 395,000 acres of land to the Eastern Kuku Yalanji people. It included the Daintree National Park which is believed to be the oldest living rainforest in the world. Protections for the Bears Ear National Monument are being reinstated and management of the 1.3 million acres will be placed back into indigenous management. Rightful Lands, Rightful Hands!
As Colorado and other states eliminate Columbus Day as a holiday, it might seem as if our society has begun to repudiate the legacy of a slave trader/explorer who fed Spain’s lust for gold by trafficking in, and annihilating, native peoples. In truth, we continue to celebrate it.
We celebrate it every time the desires of the dominant culture override the concerns of native peoples about destruction of their homelands and sacred sites. Despite relentless legal and political resistance from affected tribes, Canadian oil that is produced by converting forests to sand pits recently began flowing through the Enbridge Line 3 pipeline.
The U.S. Senate should adopt a resolution endorsing the UN Declaration and explicitly repudiate the white supremacy of Johnson v. McIntosh. Only then will Columbus’s legacy be in doubt.
Earlier this year, a federal court ordered the federal government to reassess the environmental impacts of the Dakota Access Pipeline, yet the Biden administration is allowing it to continue to operate.
In the coming days, it is likely that, over the objections of native people, including the Fort McDermitt Paiute-Shoshone Tribe and Atsa Koodakuh Wyh Nuwu/People of Red Mountain, backhoes will claw into Thacker Pass, Nevada, a relatively pristine desert landscape and site of a U.S. Cavalry massacre of Paiutes. Thacker Pass contains the largest lithium reserves in the United States. The mine will destroy nearly 5,700 acres to fuel the “green energy” revolution touted by advocates of the Green New Deal.
Affected tribes and native activists asked U.S. District Court Judge Miranda Du to stop the excavation, which she declined to do. The federal-agency defendants “do not dispute that the Tribes consider the entire Thacker Pass area sacred,” Judge Du stated. Regardless, she noted that the tribes lack the “right to prevent all digging in the entire Project area” and instead are entitled only to consultation with U.S. officials.
What Columbus achieved through bloodshed and savagery is now accomplished with paper weapons wielded in a federal court.
Judge Du’s blunt statement about the toothless legal recourse available to tribes also reveals the white supremacy embedded in federal law. In 1823, in Johnson v. McIntosh, Justice John Marshall cited the “superior genius” of Europe as justification for federal dominance over native nations. Marshall acknowledged how “extravagant the pretension of converting the discovery of an inhabited country into conquest may appear.” Still, “if the principle has been asserted in the first instance, and afterwards sustained; if a country has been acquired and held under it; if the property of the great mass of the community originates in it, it becomes the law of the land and cannot be questioned.”
Nearly 200 years after Marshall invoked the “Doctrine of Discovery,” the fundamental relationship between native nations and the U.S. government is unchanged. Despite occasional pledges from presidents to honor native rights, those promises are mostly gimmicks designed to distract from the day in, day out policy choices that undermine native rights through federal approval of projects like the Thacker Pass lithium mine and the Dakota Access and Enbridge pipelines.
The Obama administration endorsed the UN Declaration on the Rights of Indigenous Peoples, which requires states to obtain “free, prior and informed consent” before taking actions that affect native peoples, yet that endorsement has had no effect on approval of massive projects so destructive to native lands. For this reason, the Biden administration should immediately enforce those protections in federal permitting decisions. The U.S. Senate should adopt a resolution endorsing the UN Declaration and explicitly repudiate the white supremacy of Johnson v. McIntosh. Only then will Columbus’s legacy be in doubt.
Karen Breslin is an attorney and teaches political science at Metropolitan State University of Denver.
In response to the completion of the contested Line 3 pipeline, which is now reportedly operational, thousands of Indigenous leaders and climate justice advocates are kicking off the “People vs. Fossil Fuels’’ mobilization, an Indigenous-led five-day action of civil disobedience at the White House to demand President Biden declare a climate emergency, divest from fossil fuels and launch a “just renewable energy revolution.” “This pipeline doesn’t respect treaty rights,” says Winona LaDuke, longtime Indigenous activist and founder of Honor the Earth, a platform to raise awareness of and money for Indigenous struggles for environmental justice. “They’re just trying to continue their egregious behavior. It’s so tragic that, on the one hand, the Biden administration is like, ’We’re going to have Indigenous Peoples’ Day, but we’re still going to smash you in northern Minnesota and smash the rest of the country.’” LaDuke faces criminal charges linked to her protest of pipelines in three different counties.
Transcript
This is a rush transcript. Copy may not be in its final form.
AMY GOODMAN: This is Democracy Now!, as we continue to talk about Indigenous action to save our Earth. This week, thousands of Indigenous leaders and climate justice advocates are expected to participate in a historic five-day massive action of civil disobedience at the White House to continue to pressure President Biden to declare a climate emergency, divest from fossil fuels and launch a, quote, “just renewable energy revolution.”
The “People vs. Fossil Fuels” mobilization, led by the Indigenous Environmental Network, 350.org, Sunrise Movement, the Center for Biological Diversity and others, comes as Canadian pipeline company Enbridge has completed the construction of its contested Line 3 crude oil pipeline in northern Minnesota. The pipeline is reportedly now operational, violating the treaty rights of local Indigenous communities. Line 3 is set to carry over half a million barrels of tar sands oil every day from Alberta, Canada, through Minnesota to the tip of Lake Superior in Wisconsin, threatening sacred wild rice watersheds in Minnesota, local waters and lands, and doubling Minnesota’s greenhouse gas emissions.
Indigenous leaders and land and water defenders, who have been resisting Line 3 for years, often putting their own bodies on the line, vowed to continue the fight against the pipeline. Last week, a small group of water protectors confronted Minnesota Senator Amy Klobuchar at a fundraising event, where advocates say plates cost $1,000 a person, demanding her to take action against Line 3.
WATER PROTECTOR: We’re asking you to call on President Biden to stop Line 3. It has a higher carbon footprint than the entire state of Minnesota. And this climate crisis — I mean, you saw Hurricane Ida. You saw how many people died. And we just really need you to call on him and ask him to stop it.
AIDE: Excuse us.
SEN. AMY KLOBUCHAR: Thank you. Yes, I know about the concern.
WATER PROTECTOR: Because you have so much power. You have so much power.
SEN. AMY KLOBUCHAR: I’ve brought those concerns to him. Thank you.
WATER PROTECTOR: And as a young person, the climate crisis is a thing that really concerns me, and stopping Line 3. We can’t have climate justice without you stopping Line 3 and asking President Biden.
SEN. AMY KLOBUCHAR: Thank you.
WATER PROTECTOR: I know that you don’t have a vote, and I know that you can’t vote in the Senate to stop Line 3. But President Biden has that power. And you have the power.
AMY GOODMAN: “You have the power.” More than 900 water protectors have been arrested over their resistance to Line 3, with some protesters facing felony charges as they were brutalized by police. Some water protectors also reported being denied medical care and being placed in solitary confinement after their arrests. Well, The Guardian newspaper revealed last week that Enbridge paid Minnesota police $2.4 million in reimbursements, all costs tied to the arrests and surveillance of hundreds of water protectors, including officer training, wages, overtime, meals, hotels and equipment for the local police, paid for by an international corporation.
For more, we’re joined in Ponsford, Minnesota, by Winona LaDuke, longtime Indigenous activist, who’s been organizing for years to block Enbridge Line 3. She lives and works on the White Earth Reservation in northern Minnesota, is executive director of Honor the Earth. Her piece for the Minneapolis Star Tribune is headlined “Line 3 opponents can savor this defeat.” Her latest book, To Be a Water Protector.
Winona, welcome back to Democracy Now! So, if you can talk about these latest revelations of this Canadian company paying the local police to arrest you all, and also what it means that Enbridge says Line 3 is operational?
WINONA LADUKE: [inaudible] Enbridge’s Line 3 is operational will say that they’ve been hurrying really fast because the federal court has yet to rule on whether Enbridge has any ability to move forward. There’s no federal environmental impact statement on this project, which is why we want Joe Biden to stop it. I mean, they stole 5 billion gallons of water, fracked 28 rivers out, and then they have this broken aquifer losing 100,000 gallons a day of water. They have no idea how to fix this stuff, since January. You know, it’s really horrible up here. So, you know, Enbridge has been trying to rush to get this online before the court will rule against them, because, generally, courts have not ruled in favor of pipelines. That’s the status that we have seen, you know, in the federal court ruling on the DAPL, where the federal court ordered them to close down. This is the same company. Enbridge was 28% of DAPL. And when the federal court ordered them to close down the pipe, they said no. When the state of Michigan ordered them to close down a pipe this last May, they said no. So they’re just trying to continue their egregious behavior.
It’s so tragic that, you know, on one hand, the Biden administration is like, “We are going to have Indigenous Peoples’ Day, but we’re still going to smash you in northern Minnesota and smash the rest of the country.” Same thing, you know, Klobuchar and Smith, the two Minnesota senators, shameful their lack of courage, not only for Indigenous people but for the planet, you know?
So Enbridge is trying to get that oil out. In the meantime, it’s a disaster up here. I’m still up here monitoring the line and monitoring what’s going on, because it’s crazy. And just to say, they don’t have Indigenous Peoples’ Day apparently in Becker County, because have a court date today. So, you know, no break for Indigenous people. You could still go to court. You know, it’s just insane up here.
AMY GOODMAN: So, how does your activism change now that it’s supposedly operational, the pipeline? And what exactly does it mean? For people who aren’t familiar with Line 3, talk about its course, from Canada through the United States, and why you’re so concerned about this particular pipeline.
WINONA LADUKE: OK. Well, first of all, the pipeline is 915,000 barrels a day of oil. That’s a lot of oil that’s going to move through it, if they get their way. And that oil, like, this is the last tar sands pipeline. Now, how we know this is the last tar sands pipeline is that our alma mater — remember, Amy, when we were at Harvard trying to get them to divest in South Africa? No, but they just are divesting in fossil fuels. Everybody is fleeing the tar sands. And it’s an industry that’s at its end. Like, Canada needs to quit trying to breathe life into the tar sands and breathe life into boarding schools and residential schools. They need to just stop being the criminals that they are.
You know, so, forcing them — they’re four years behind schedule, if they get to oil. And in that four years behind schedule, the industry is falling apart. There’s no new investment in tar sands infrastructure. And it’s the dirtiest oil in the world. Then add to that the fact that the company can’t even get insurance for its pipeline. Like, I’m just trying to understand what kind of fiscal responsibility exists in the state of Minnesota, that Enbridge divulged a couple of weeks ago that they can’t get insurance for their pipeline. And so, you have an accident, it’s going to be just like Bhopal and Union Carbide. These guys are going to pack up and go back to Canada. You know, I mean, it is a really horrific situation. And, you know, the impact of it is so wrong. You know, I mean, it’s not only the equivalent of 50 new coal-fired power plants, but right now our rivers are dry. They took 5 billion gallons of water from the north. Enbridge and the Walz administration are climate criminals.
And the Biden administration needs to stand up. You know, on one hand, I’m looking at Joe Biden, and I’m so grateful. Like, Bears Ears, that was the right thing to do, you know, to get back and to be the people that are supporting Indigenous people and Land Back. Let’s go, Joe. Let’s go. Let’s go, Joe. You know, 80 million acres of national parks stolen from Indian people, let’s start returning those, too, along with creating new national parks. We could just start returning land that was stolen. That would be a great step.
And then, actually, when you have Indigenous people in your administration, Joe, like Deb Haaland or maybe Jaime Pinkham at the Army Corps of Engineers, let them do their job, instead of having politics, oily politics, intervene. You know, I know that Deb Haaland does not support this pipeline. No sane person supports this pipeline. Only people who want to take oil money from Canadian multinationals support this pipeline. And I know that Jaime Pinkham, assistant in the Army Corps of Engineers, came up here, came up and visited, and saw what was going on and the disaster.
Our tribes have sued, you know, trying to stop this, sued in federal court. That federal court hearing is yet. And our tribes also have a tribal court hearing, where the federal courts have ordered Enbridge to come to our court, because we say that they’re climate criminals and they’re destroying the rights of wild rice. Actually, the state DNR has been ordered into tribal court.
You know, so, Joe, if you appoint Indian people, don’t just make them pretty Indian people that sit in your administration. Let them do their job. Indigenous thinking is what we need in the colonial administration. That’s when change happens.
AMY GOODMAN: As we wrap up, Winona, in August, you met with the U.N. special rapporteur on human rights defenders to share the police violence suffered by water protectors protesting the Line 3 construction site. And now we are learning just how much money the Canadian corporation gave to the local police to do the arrests, to do the training, etc. What happened with the U.N. rapporteur?
WINONA LADUKE: The U.N. rapporteur has asked the United States a bunch of questions and is expecting a response on what exactly the United States is planning to do to protect the human rights of Indigenous peoples, because this pipeline does not respect not only treaty rights, but, you know, when you get 900 people arrested and they’re brutalized with all kinds of — you know, I mean, it is torture. Some of what was done to these people is classified as it’s excessive force. So, the United Nations has called to task the United States on the Enbridge pipeline. And so, on Indigenous Peoples’ Day, that’s part of what we are saying, too, is it’s a time to account.
And I just want to say that this isn’t just like our problem, because the Enbridge model — like, first of all, Canadian multinationals kill people in Third World countries. That’s what they do. You know, that is known. Seventy-five percent of the world’s mining corporations are Canadian, and all through Latin America there’s human rights violations. This is no different. This is a Canadian multinational and Indigenous people. And two years ago, we told Attorney General from Minnesota Keith Ellison that this was going to be a problem. You know, we have had no action. And instead what we have is our rights continue to be violated. And, you know, I’ve got charges in three counties, more probably coming soon. I mean, this is like —
AMY GOODMAN: What do you face?
WINONA LADUKE: And this is a national problem, because the Minnesota model is being considered nationally, that corporations should finance your police. And that is — you know, in any way you look at it, that’s definitely a violation of the public trust, to have corporations financed by the police. And the Minnesota —
AMY GOODMAN: What charges do you face, Winona?
WINONA LADUKE: I’ve got trespassing, obstruction. I think I’ve got some public safety, you know, causing public safety problems because cops could have been doing something else instead of monitoring people on the pipeline. A lot of trespassing charges — Aitkin, Hubbard, Wadena County. I’ve got charges in three counties so far.
AMY GOODMAN: Well, best of luck to you today in court, Winona LaDuke, longtime indigenous activist, executive director of Honor the Earth, speaking to us from northern Minnesota.
When we come back, we look at the Russian journalist who was just awarded the Nobel Peace Prize on Friday. Stay with us.
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Shanai Matteson, a 39-year-old White settler, sat in the stuffy overflow room watching the packed Public Utility Commission meeting, along with more than a hundred others, in St. Paul, Minnesota, in June 2018. Over several hours, she listened as dozens of people—Native elders, local landowners, and young people concerned about their futures—testified against the Line 3 tar sands pipeline, urging the commission to deny the project a key permit. She listened, too, as Enbridge workers, bused in by the company, voiced their support for the pipeline.
Matteson remembers the collective dismay and anger in the room as the five-person board approved Enbridge’s permit request. She also remembers what happened next: Tania Aubid, a member of the Mille Lacs Band of Ojibwe, stood up and told the commissioners that they had just declared war on the Ojibwe people.
Outside of the conference hall, organizers held a rally. Matteson listened as Winona LaDuke, a member of the White Earth Nation and executive director of the nonprofit Honor the Earth, spoke alongside several youth interveners—teenagers who were suing to stop the pipeline in court. Listening to their words, Matteson was moved by their unwavering dedication―to the land, water, and climate, but also to upholding the treaty agreements, which were being violated by this pipeline project.
After the news conference, Matteson packed her two young children into the car. They drove for nearly three hours before reaching a part of the land where the Mississippi starts to widen into one of the nation’s most storied rivers. It was a place she knew well. Matteson’s family had lived in the area for five generations, ever since her great-great-grandfather, Amasa, settled a homestead and opened a small sawmill on 1855 Treaty land. She’d grown up in the nearby town of Palisade, Minnesota, population 150.
Here was where Enbridge planned to drill the Line 3 pipeline under the Mississippi.
Standing on the riverbank that night, Matteson made a pledge to do everything she could to uphold the treaties and to stop Line 3. “I remember that day, saying to myself ‘I am making a commitment to this fight,’ ” Matteson recalls.
Defending Treaty Rights: From the Salish Sea to Line 3
On July 25, a Lummi Nation-carved totem pole will pass through the Mississippi Headwaters, under which Enbridge plans to drill the Line 3 pipeline. It’s part of a 1,500-mile journey from the Salish Sea in the Pacific Northwest through numerous Indigenous sacred sites, including Bears Ears in the Southwest and Standing Rock in the Midwest, en route to Washington, D.C. The totem pole is intended to invite Native and non-Native people to connect with the idea of broken treaties and the ongoing efforts to honor them, especially when treaty rights come into conflict with extractive capitalism.
Putting a hand on the totem pole, as people are invited to do at each sacred site event stop, one can’t help but feel a sense of awe for the many stories, hopes, and prayers it carries—and to offer their own. The 24-foot pole, hauled on a trailer behind a pickup, bears images that tell stories of the present-day struggles faced by Indigenous communities—including the epidemic of missing and murdered Indigenous women, the crisis of children held in cages at the U.S.-Mexico border, and the work of language revitalization. One carving is a grandmother with seven tears, using culture to teach her granddaughter how to turn trauma into wisdom. The totem pole aims to serve as “a reminder of the promises that were made to the first peoples of this land and waters,” Lummi master carver Jewell James told The Washington Post.
These promises were made in the form of nation-to-nation treaty agreements, recognized in the U.S. Constitution as “the supreme law of the land.” For non-Native individuals residing in the U.S., treaty rights are still the legal mechanism giving people the right to live on ceded tribal land. Put another way, if settlers (like the two of us writing this piece) are not actively holding up their end of the deal, then they forfeit the right to be here.
In exchange, the U.S. government promised tribes services, such as health care, education, and housing—and in many cases, treaties reserved the right for Native people to hunt and fish within their traditional territory. Instead, the reality has been a history of genocidal massacres, forced displacement, brutal residential schools, the outlawing of language, religion, and culture, and broken treaty obligations. Only by confronting the context of the U.S.’s settler-colonial history can settlers begin to reckon with their personal identity as treaty people.
“Part of what’s so wonderful about the pole is how it invites people to learn about the treaty, and to learn about the true history of this country,” says Lummi tribal fisher and treaty advocate Ellie Kinley, co-founder of Sacred Sea, a Indigenous-led nonprofit whose mission is to defend Lummi sovereignty and treaty rights and promote Indigenous stewardship of the Salish Sea.
“Once you know the true history, you can learn from it, and become wise from it.”
“We Are All Treaty People”
On June 7, 2021, about 2,000 people attended Treaty People Gathering, a mass Line 3 protest in rural northern Minnesota. At one of two actions that happened that day, more than 1,000 people marched to a part of the Mississippi where the pipeline is slated to be drilled; at the other action, hundreds risked arrest (and more than 200 were arrested) shutting down an Enbridge work station for the day.
“We Are All Treaty People” was one of the gathering’s main rallying cries. They are words that Matteson has thought seriously about since that night at the Commission hearing.
In 2020, after two decades living and working in Minneapolis, Matteson moved her family back to Palisade. She quickly got involved with the Welcome Water Protector Center, a cultural camp supporting people standing with the Ojibwe opposing Line 3. She is now close friends with Tania Aubid, the founder of the camp and the Ojibwe woman who informed the PUC commissioners that Line 3 was an act of war upon her people. The women’s friendship has given them both the strength to do more. In early 2021, they embarked on a hunger strike together. To bring attention to the fight to stop the pipeline, Matteson went 21 days without food; Aubid went 38.
When asked why she moved with her two young children to the Welcome Water Protector Center, Matteson is clear that protecting the water and the climate were reasons, but so too was ensuring that her government upholds its side of the treaties.
“I’ve been reminded by so many Indigenous people that the treaties are not just a concern for Indigenous people,” she says, golden light falling between the trees at camp. “They were entered into by the U.S. government, and as citizens, we have a responsibility to ensure our government honors that law.”
Over the course of the 19th century, the Red Lake Nation, the White Earth Nation, and the Mille Lacs Band of Ojibwe signed treaties with the U.S. government—treaties that granted rights to U.S. citizens and reserved rights for tribal members. In recent years, tribal attorneys have argued that Line 3 would infringe upon those treaty-protected rights, including the right to cultivate and harvest wild rice―manoomin in the Ojibwe language―which is regarded as a sacred species and is a vital source of sustenance for local tribal members. “It’s a perpetuation of cultural genocide,” founder of Line 3 resistance group, Giniw Collective, Tara Houska told The Guardian, describing the impact Line 3 would have on manoomin.
It has been a long road for the tribal attorneys, a road made more complicated by the fact that some Native-owned construction companies and two other Ojibwe nations support the pipeline. Most recently, on June 14, the Minnesota Court of Appeals ruled against the tribes, finding that Enbridge had appropriately demonstrated that there was a need for the pipeline. There are, however, reasons to believe the Tribes’ case will fare better in a case at federal court, where it is to be heard in the coming months. In 2019, the U.S. Supreme Court ruled in the favor of treaty rights in two high-profile cases.
But as the case makes its way slowly through the federal court system, the fight for treaty rights is playing out on its own timeline in the woods of rural Minnesota.
Before Line 3 was anywhere near the edge of the great Mississippi, Aubid and Winona LaDuke built a waaginogaaning, a traditional Ojibwe prayer lodge, on the banks of the river, in the exact spot where Line 3 was slated to be drilled under its waters. Earlier this year, in the depths of the Minnesota winter, Enbridge workers appeared on site, nailing “No Trespassing” signs to trees.
The workers informed Aubid and LaDuke that they were trespassing on Enbridge property.
“No, you’re trespassing,” Aubid replied.
When the workers returned with law enforcement, Aubid handed the police officer a copy of the 1855 Treaty Authority letter, informing them of her legal, treaty-protected right to practice her religion there. The police and the Enbridge workers left Aubid in her prayer lodge soon after, but nobody expected Enbridge to stay away for long.
They didn’t. In July 2021, Enbridge drilled under the river, despite Aubid, Matteson, LaDuke, and others wading into the river to try and stop them.
The prayer lodge still stands in the path of the pipeline, and dozens more people have joined the Welcome Water Protector Center as the fight against the pipeline is reaching a boiling point. Since December alone, nearly 600 people have been arrested for actions related to stopping the construction of Line 3 and tens of thousands more have marched, demanded that Biden intervene, and protested the banks funding the pipeline.
Aubid is clear on what she hopes will happen next. “We’d like more people to come here,” she says. “We’d like people to help us protect the lands, protect the waters, and to do what they can to uphold their side of the treaties.”
Later, as we walk beside the languorous waters of the Mississippi, Matteson reminds us of the importance of settlers upholding the treaties. “This isn’t history,” she says. “This is happening here. It is happening now.”
CORRECTION: This article was updated at 5:26p.m. on July 20,2021, to reflect the current state of the drilling. Read our corrections policy here.
Reporting from amidst fields of fracking wells in Colorado, Trinity La Fay writes about the conscious experience of being in relationship to the place she lives, and the disconnect between people and land needed to maintain the destruction.
On the Colorado Rising website, the maps of oil and gas rigs light up the area just above where I live, past my friend’s house halfway up the state, all the way up and out along the plain in a great sweep. Like some demented statistical X, the active wells appear in a sea of blue dots: the abandoned wells. Combined, they swarm completely around the jagged Rocky Mountains, a rising, desperate sea of exploitation.
I remember when the word fracking was used as a supplemental television curse. The way that they said it seemed perfect, as if they understood that it was a primary contributing source of the doom. The story was about a people who, ejected from a poisonous Earth, had colonized in space only to be pursued repeatedly by a predatory cybernetic race. A race they had created. I think stories are important. So does Joseph Campbell, but, as Mary Daly quotes him regarding child victims of sati (the Hindu practice of burning widows alive in the funeral pyres of their late husbands):
“In spite of these signs of suffering and even panic in the actual moment of the pain of suffocation, we should certainly not think the mental state and experience of these individuals after any model of our own more or less imaginable reactions to such a fate, for these sacrifices were not properly individuals at all.”
While I have visions of flickering relatives keening at the river’s edge, smell burning hair, feel the air being sucked from my lungs: he does not imagine their stories are relevant to his experiences.
So, harrumph.
Scrolling out on the Drilling Maps.com site, I see that we, at least, have the resistance of Mountain Range.
Texas; Oklahoma; Louisiana; Mississippi; Kansas; Michigan; the border between North Dakota and Montana. Just about every square inch from Cleveland, Ohio to Pittsburgh, Pennsylvania to Charleston, West Virginia: like fire, the red dots blend. The names of places are all but erased behind them. I cannot see Arkansas written, but I know it is there. From Pennsylvania’s border with New York; all the way down California; all the way up from the Gulf of Mexico to the ice of the Beaufort Sea.
From the Great Lakes down to the Rio Grande; like a ring of fire around the coast of South America, like accidents waiting to happen from the Gulf of Oman to the Barents Sea; like sinking islands from the Arabian Sea to the Yellow Sea to the Tasman Sea. From the North to the South Pacific: companies know no boundaries.
The beneficiaries of these companies, the responsible, I wonder if they learn these names.
I wonder if they are all unreachably psychopathic, or stupid, or if it matters. The dead squirrel on the road; the stoodup friend; the barren landscape full of ghosts: to their experience, it does not matter if it was cruelty or carelessness.
Besides making it possible to set aflame the now undrinkable water that results from such enterprise, whose footage abounds online, Elementa, Science of the Anthropocene, hosts a special collection forum of “Oil and Natural Gas Development: Air Quality, Climate Science and Policy” wherein an article by Chelsea R Thompson, Jacques Hueber and Detlev Helmig, entitled Influence of oil and gas emissions on ambient atmospheric non-methane hydrocarbons in residential areas of Northeastern Colorado discusses ozone levels and calls it abstract.
Like Paul R. EhrlichPaul R. Ehrlich and Carl Sagan in The Cold and The Dark: The World After Nuclear War, everyone agrees that this is not working. Unlike that pivotal conference, however, modern realizations are lost in a desperate sea of distractions. Here is what The Cold and The Dark said abstractly:
“- survivors would face starvation [as] global disruption of the biosphere could ensue. In any event, there would be severe consequences, even in the areas not affected directly, because of the interdependence of the world economy. In either case the extinction of a large fraction of the Earth’s animals, plants, and microorganisms seems possible. The population size of Homo sapiens conceivably could be reduced to prehistoric levels or below, and extinction of the human species itself cannot be excluded.”
Boundaries are underrated.
According to me. Lots of people like to travel; I’m not into it. I have fallen in love with every landscape I’ve seen, but then, I didn’t get to know them. I live in a hard place that I know very well. Wendell Berry and Wes Jackson have a wonderful conversation during which they speak about the necessity of listening to the Others that are places to care for and live with them, and also the joy of being of a place: the intimacy that comes from noticing what cannot be observed in passing. It can be argued that Amber is ancient light that has been stored and that Jet is ancient darkness. Like Saga, they keep our stories. Shale; Oil; Gas; Tar: these exhumed ancestors seem to bellow as they burn that we wake sleeping titans at our peril. Or, as the article put it:
“The findings presented here suggest that oil and gas emissions have a large-scale regional impact on ambient [non methane hydrocarbons] levels, thereby impacting a large population of [-] residents, and representing a large area source of ozone precursors. The short-chain alkanes exhibit strong correlations with propane in Erie/Longmont, Platteville, and within Denver, supporting the conclusion of widespread impact of [oil and natural gas] emissions.”
They recommend further monitoring.
Trinity La Fey is a smith of many crafts, has been a small business creatrix since 2020; published author; appeared in protests since 2003, poetry performances since 2001; officiated public ceremony since 1999; and participated in theatrical performances since she could get people to sit still in front of her.
Ehrlich, Paul & Harte, John & Harwell, Mark & Raven, P & Sagan, C & Woodwell, George & Berry, Joseph & Ayensu, E & Ehrlich, A & Eisner, T. (1984).Long-Term Biological Consequences of Nuclear War. Science (New York, N.Y.). 222. 1293. 10.1126/science.6658451.
