The Legality Of Construction Of The Dapl. Dakota Access Pipeline

The United States is currently attempting to build a pipeline underneath Lake Oahe that will damage Native American burial sites and will contaminate primary source of drinking water for the Sioux Tribe. First there will be a brief description of what happening with the protest at Standing Rock. Following these facts about this atrocity this paper will begin with a historical summary of the Sioux Tribe, the main set of protesters who are fighting to keep the pipeline from being constructed. Following this the paper will discus the culture and sacred sites that the pipeline would be affecting for the Sioux Tribe. Therefore no tribe should have to go through these abuse violation of their lands and such should be a better policy to protect

Justin Worland reports in TIME, since 2010, 3,300 incidents of leaks and ruptures have been reported on oil pipelines and even the smallest spill could damage the tribes water supply. This can be very controversial, but with over 10,000 Native Americans living on the Standing Rock Reservation, many lives may be affected. In fact, the pipeline would travel directly under the Missouri River which is the tribes primary drinking water source. Also, Native Americans received specific rights they have obtained since 1898. The Lakota tribe signed the Fort Laramie Treaty in 1898 that protects hunting, fishing and water rights in the surrounding area(Ward). As a result of signing this treaty, officials cannot threaten their water by installing a pipeline. Furthermore, the 1972 Clean Water Act declares it is unlawful to discharge any pollutant from an identifiable source into bodies of water without a permit(Brodwin). The problem found within the pipeline is that is causes potential harm to drinking water. Therefore, the significance of Native Americans relying on this drinking water overpowers the installation of the Dakota Access

In this article, the Terry Wade and Ernest Scheyder discuss the protesters citing a treaty in order to occupy the land. Protestors are advocating for the rerouting of the pipeline on the grounds that further construction carries potential spills into drinking water and damage historical tribal sacred lands. The article cites the Fort Laramie Treaty of 1851, in which the protestors cited, and further discusses how treaty has not been taken seriously in the court of law. The article suggests that at one point the Energy Transfer Company planned to run the pipeline near Bismarck and far from the reservation, but instead decided to choose Standing Rock Sioux Land. This article is useful to point out a solution to the problem as well as the impact of protestors have on this

As professor Ferguson related “Six months ago the Dakota Access Pipeline was provided a permit for the construction to begin. For six months or so there has been development of this pipeline. Now, enter the Standing Rock Sioux, which are one of the Sioux nations, a sovereign indigenous tribe who has historically experienced loss of land and tree rights and been prevalent in this area. Many of them have been pushed into these certain areas called reservations were the last remnants of land were provided, this history is important. The broken promise of the government and other parties that promised that things would be okay has been long standing.” For the standing Rock Sioux they see the pipeline going through the Missouri River as creating problems with water access for the tribe, change in the water environment and a threat to their access to water quality. Secondly, the pipeline itself is also going to upset and encroach upon Native American burial sights and artifact sights that have existed for years untouched until there was a change in the interest regarding oil. This pipeline has threatened these rights for the Standing Rock Sioux. As a Sovereign Nation, they see this change fueled by national and corporate interest as a direct threat to their nationhood because access to water is key to survival. Professor Ferguson also emphasized that “There is also a larger story, and it comes from the call for all for the great Sioux Nation and all indigenous people to come and gather in protest against the pipeline. These protest then have larger meaning because they address the threat to indigenous people around the world and not just in the united states” because often times the narrative of losses for indigenous people around the world are a very similar

The North Dakota Access Pipeline will span from the Bakken, North Dakota to southern Illinois. The Standing Rock Sioux reservation opposes the pipeline because they believe that it goes through sacred land. The Sioux tribe also opposes the pipeline because it will cross the Missouri River twice, which is the reservations main water source. They believe that the pipeline may contaminate the Missouri River, but the pipeline company claims that the pipeline is the safest method to transfer the oil. I believe that this is a tough topic to form an opinion on, but I will hopefully explain my stance on this issue throughout this essay.

Since 2010, there have been “more than 3,000 incidents of leaks and ruptures at oil and gas pipelines” according to the Pipeline and Hazardous Materials Safety Administration (Worland). The Dakota Access Pipeline has sparked controversy between the U.S. Army of Engineers and Native Americans. With threats of damaging their water supply, cultural land, and impeding a treaty made in 1851, had Native Americans protesting by resisting removal. The threatening impact on Native Americans deemed unconsidered and unheard of by government when they originally planned to build the pipeline through the area. And despite a severe winter storm bringing freezing conditions, protesting Natives remained (Maher and Connors). But why did it have to come to desperate measures that endanger one’s personal safety, just to gain the attention of the government? Native American sovereignty has been repeatedly impeded on, forcing them to take matters into their own hands. Concerning the decision prior to construction, the Standing Rock Sioux tribe claims the federal agency did not appropriately consult them prior to construction (Merrit). Recently, Army Corps have halted the passage of the Dakota Access Pipeline due to their outcry. But if the government had just considered the vote of Native Americans in the first place, the decision could have satisfied everyone who at least got a say

The native americans and other DAPL (Dakota Access Pipeline) opposers are filled with determination, distress, passion, and such resentment towards the pipeline project because it would run under and through ground that their ancestors knew as sacred and those beliefs are still very alive to this day. The pipeline is a 1,172 mile underground oil pipeline that will aid transporting oil through all 50 states in the USA; it was projected to go through sacred lands, reservations, and rivers. There are multifarious issues and concerns pertaining to project but some of the preeminent concerns are; historic preservation and sacred grounds becoming significantly damaged and irreparable, climate change and how it would just increase the production of CO2, and potential pipeline fractures and spills that would mutilate the crucial nearby farms and threaten contaminate for the water supply of thousands of people who depend on it.

Dallas Based Energy Transfer Partners, the company responsible for the construction of the pipeline, claims they have met with tribal leaders “many” times over the past two years, but, “the Standing Rock Sioux claims that meaningful consultations with their leaders were never held and that their concerns have been ignored” (Dakota Access Pipeline 12). This is blatant discrimination of the Standing Rock Sioux Tribe and disregards any concerns they may have. Cooperation with the tribal leaders would allow the tribe to communicate any further concerns with construction. Instead they have ignored the Standing Rock Sioux tribe and decided to do what they think is best for themselves. An ideology that has always haunted the Native American people. The discrimination continues with the Pipeline being built on Sioux territory and further violates treaties. Sincere Kirabo, coordinator at the American Humanist Association, states, “[the pipeline] does cross through territory that belongs to the Sioux, which directly violates the 1868 Treaty of Fort Laramie that states the land is reserved for ‘undisturbed use and occupation’ of Native inhabitants” (26). The treaties once created by the government to create peace, is now being disregarded and not being upheld. This is denying their freedom of being equal before the law and further shows discrimination against the

The Energy Transfer Partners wants to install the Dakota Pipeline near the Standing Rock Sioux Reservation, but the Sioux tribe is fighting to stop the installation of the pipeline to preserve their culture and assert their right to the property. The Dakota Pipeline is an oil pipeline that would transport oil from North Dakota through South Dakota and Iowa into Illinois. The Dakota Pipeline should not be installed because it disrespects the Native Americans’ culture and discriminates against The Sioux, a minority within the United States. The unjust treatment of Native Americans is due to the government’s disregard for Native American property rights and the government’s belief that they can simply take Native American property away because they are

The Standing Rock Sioux tribe claims that the pipeline goes against their culture and history on the reservation. As Worland puts it, it “transverses a historic burial ground and continues a legacy of

Oil is one resource America relies heavily on. Oil has a negative impact on the environment and has long lasting affects. The Dakota Access Pipeline is a major controversial topic in the news. The Dakota Access Pipeline is being used to transport oil from North Dakota to Illinois. The Standing Rock Sioux Tribe is located where the pipeline will be passing through. The pipeline disrupts the lives of the Native Americans who live there. I believe that the Dakota Access Pipeline should not be built because of the affects on the environment and goes against the rights of the Standing Rock Sioux Tribe. Greider and Garkovich’s Landscapes: The Social Construction of Nature and the Environment discusses how the environment we live in is apart of our landscape. The Standing Rock Sioux Tribe sees their landscape as sacred and a place they need to protect.

Protect the native’s land and the planet! The Dakota Pipeline project is not going to be as beneficial as it’s made out to be. “It’s a 3.7 billion dollar project that would cross four states. The results could be an economic boon that makes the country more self-sufficient or an environmental disaster that destroys sacred Native American sites” (Yan). Construction of the Dakota pipeline does not only violate the Fort Laramie Treaty of 1851, but implementing this pipeline will release more pollution, risk contamination of the water supply, and provide temporary jobs.

The Dakota Access Pipeline is a pipeline that moves crude oil from the west side of North Dakota to the border of Illinois and Canada. There is a lot of controversy around it because it runs right past The Great Sioux Reservation. The Reservation has had many problems with the US Government throughout the years. Many people are protesting the construction of it, much to their prevail, Obama’s administration delayed its construction.

Native Americans are being disrespected, harmed, and their homeland is being taken from them. Am I talking about events taken place centuries ago? No, because these unfortunate circumstances yet again are occurring right here, now, in the present. This horrid affair has a name: The Dakota Access Pipeline. This Pipeline is an oil transporting pipeline, which is funded by the U.S Army Corps of Engineers, who have devised a plan for the pipeline to run through the states of North Dakota, South Dakota, Iowa, and Illinois. However, unfortunately, this pipeline will run straight through the reservation of the Standing Rock Sioux Tribe. The Standing Rock Sioux tribe, expressing their distress for the pipeline have said, that the pipeline will be “Destroying our burial sites, prayer sites, and culturally significant artifacts,” Arguments for the pipeline however have tried to counter this claim, trying to emphasize that “The pipeline wouldn 't just be an economic boon, it would also significantly decrease U.S. reliance on foreign oil”, and that the pipeline is estimated to produce “374.3 million gallons of gasoline per day.”, which could help the sinking oil economy. (Yan, 2016) However, despite the economical growth it could achieve, the Dakota Access Pipeline could have damaging environmental effects on the Standing Rock Sioux Tribe and the areas surrounding.

When offered financial compensation for land used for the pipeline, tribal leaders refused outright. If an agreement is going to be made that satisfies both parties, each will have find the middle ground in certain areas. After the initial Environmental Impact Statement, Energy Transfer Partners agreed to lower the depth that the pipeline runs under Lake Oahe to double the originally planned depth. If Energy Transfer Partners are willing to make changes to their plans, then the Sioux should also. It is understandable that the Sioux refused, as they see the land as their own and do not think that they should be required to make exceptions for corporations to build on it. However, one must acknowledge the realities of the world we live in today and accept that certain projects are going to continue whether the tribe like it or not, so they might as well attempt to get the best deal that they