GREAT FALLS, Montana – Even after a federal judge here revoked permission for the Keystone XL Pipeline construction across unceded 1868 Ft. Laramie Treaty territory in mid-April, the Canadian builder of the private hazardous materials infrastructure was still proceeding with work in May all along the route across Montana, South Dakota and Nebraska.
When Montana U.S. District Judge Brian Morris revoked the federal Army Corps of Engineers’ Nationwide Permit 12 for TC Energy Corp.’s proposed route across hundreds of Missouri River Basin waterways on April 15, it was a moment of celebration for tribal opponents of the 1,200-mile toxic tar-sands crude-oil conduit.
Judith LeBlanc, director of the Native Organizer Alliance, pronounced the permit revocation “a victory for treaty rights and democracy.”
The judge banned any and all “dredge or fill activities” until the Corps of Engineers conducts and completes a public consultation process, as per the Endangered Species Act.
Just before the court decision, grassroots pipeline resisters held a water prayer ceremony in Sweetgrass, Montana, where the pipeline is being built across the Canada-U.S. border under a separate permit. Photo courtesy Kokipasni – No Fear
LeBlanc noted that enforcement of the Endangered Species Act provides tribal nations “a renewed opportunity to exercise our legal and inherent rights to protect the water of the Missouri River bioregion for all who live, farm and work on the land.”
Faith Spotted Eagle, founder of the Yankton Sioux Brave Heart Society, added: “For years, our tribes’ concerns that the Army Corps’ Nationwide Permit process was arbitrarily contrived with no clear path for consultations or legality have been ignored. Today, thankfully, we were heard as the water crossings spoke loud and clear against the Keystone XL Pipeline.”
The non-profit Indigenous Environmental Network gathered reactions from Indian country on the case filed by the statewide grassroots Northern Plains Resource Council, headquartered in Billings, Mont.
Dallas Goldtooth, Keep it in the Ground coordinator for the Indigenous Environmental Network, responded: “We wish to recognize the tremendous work by our allies! This decision vindicates what we have always known. We can only hope that our organization’s ongoing litigation will receive a comparable decision as well. In the meantime, we fight on in defense of the sacredness of Mother Earth!”
Fort Peck Assiniboine Sioux frontline group Kokipasni held their first #NoKXL action against TC Energy on the pipeline route in northern Montana yesterday.
— Indigenous Environmental Network (@IENearth) April 15, 2020
The network and tribes have an ongoing case against the pipeline project in the same district court, arguing treaty rights violations.
The morning of the court decision, grassroots pipeline resisters held a water prayer ceremony in Sweetgrass, Mont., where the pipeline is being built across the Canada-U.S. border under a separate permit.
Their group, Kokipasni -- No Fear, describes its adherents as “frontline organizers from the Fort Peck Assiniboine Sioux tribal nation protecting our land, water, and sky.”
Women and youth of Kokipasni, led by Angeline Cheek, took part in an Assiniboine Medicine Lodge Pipe ceremony, “praying for our people, the 24,000 clean water drinkers of Northeast Montana, the land, the sky, the sacred sites and even for the KXL workers coming in from the four corners of the United States not protected against the Covid-19,” said celebrant Lance Fourstar.
“I prayed that this pipeline be stopped, the hearts and minds of all sides be touched by the creator and given guidance, strength, endurance and protection. I prayed for our Medicine Lodge, that we are protected against this pandemic,” he explained.
Native pipeline fighters from all three impacted states produced a poster dissing the pipeline and sent it to their governors. They asked people to sign the related online “Cancel KXL” petition at nokxlpromise.org/covid-19.
