Standing Against the Dakota Access Pipeline

2016

Research Project of Fall 2016 CMST 130 Class

Protecting Our Future

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Acknowledgments

NWIC Informational Literacy and Critical Thinking Students

Lauren Casimir

Conan Goebel

Jane Jefferson

Natalya Johnson

Megan Kennedy

Dionisio Romero

Hamilton Seymour

NWIC Staff Guidance

Wayne Woods

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Introduction

There is a saying, “For every action, there’s a reaction.” Everything that we do in life has

a consequence, whether we like it or not. That’s just how it goes, and you’ll never please

everyone. But, if there’s a problem and one clear and logical solution, then you should use the

solution to solve the problem. Do not let the problem get bigger, and sit there helplessly. Do

something and work to make the results that you’re seeking come to reality. As humans, we

face so many things in life; it’s what we do about them that help define who we are.

Temptation and greed will be the downfall of mankind.

Right now, a problem that’s occurring in the year 2016, and one that will most likely go

into 2017, is the Dakota Access Pipeline in North Dakota. So many issues have risen from this

pipeline you would think it would be over by now, but this is not the case. Native American

people have known for centuries that you must take care of the Earth, as the Earth has taken

care of you, a reciprocal ideal that was in the forefront of Native life. Unfortunately, as time

went along and colonizers took over this land, this ideal has not remained in mainstream and

poor treatment of the Earth is starting to comeback around. The Dakota Access Pipeline

continues the horrible treatment of the Earth and represents not only the idea that this is okay,

but the oppression of Native people. The Standing Rock Sioux, one of the tribes most affected

by the pipeline, along with tribes from around the country, have stood up against this injustice

to their Tribe and the Earth.

About the Pipeline

The Bakken oil field spreads across four different territories across Canada and the

United States, spanning about 200,000 square miles. The two territories in Canada are

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Saskatchewan and Manitoba and the two in the

United States are Montana and North Dakota. All

of these territories are the traditional lands of

Indigenous peoples. There is an estimated 7.4

billion barrels of undiscovered oil on the U.S. side

of the Bakken and the three forks formations of

the Williston basin. The type of oil they are

extracting from the Bakken Formations is called petroleum or crude oil. It’s a really a big

environmental concern, for this type of oil effects multiple important qualities to our life.

North Dakota is a state of nearly 740, 000 people. The project will require the

construction of approximately 1,172 miles of 12-inch to 30-inch diameter pipeline, and will be

buried a minimum of 60 inches, under roads, and streams. There will also be a minimum of two

feet separation between the pipeline and existing infrastructure, such as drain tiles.

“The proposed Dakota Access Pipeline, which is set to cost $3.7 billion, would start in

North Dakota, stretch across

parts of South Dakota and Iowa,

and end in southern Illinois,”

(Ellis, Almasy, Park, & Marco,

2016). As you can see on the

map, where and how the

pipeline would stretch across the

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country.

The Dakota Access Pipeline is only in the development phase, but the Sunoco Logistics

Partners, L.P are in the operational phase. The partners to the Dakota access pipeline are

Energy Transfer Partners, Phillips 66, Enbridge, and Marathon Petroleum.

Environmental Issues

Fracking

The process to get the oil out of the ground is called Hydraulic Fracturing (Fracking). To

get the oil out, they drill to the shale rock then, inject the fracking fluid (primarily water,

containing sand or other proppants suspended with aid of thickening agents). There are a lot of

health risks while using this type of oil extraction, such as risk of chemical and radioactive

pollutants. In 2011, a hazard assessment recommended a full disclosure of chemicals used for

hydraulic fracturing and drilling. Many have immediate health effects and many others have a

long-term health effects. Surface spills of the hydraulic fracturing

presses, including the oil and the water used, can contaminate

the underground water and the emissions to air have health

impacts as well.

There are also serious environmental impacts. These

impacts include air emissions, contribution to climate change,

high water consumption, water contamination, land use and risk of earthquakes. The hydraulic

fracturing uses between 1.21 and 3.5 million US gallons of water per well. It also affects the

wild life of that area once there is a spillage. Not only are the people at risk, the wildlife, and

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the environment are as well. Hydraulic fracturing can also induce seismicity causing

earthquakes happen. Some of them are too small to detect at the surface, but tremors

attributed to fluid injections in to the wells have been large enough to be felt by people. These

earthquakes can also lead to property damage and injuries. The oil itself is also so acidic that it

is almost a guarantee that it will rupture a pipeline.

At the Bakken oil fields, there are a lot of dangerous factors to think about when

extracting the oil. The oil companies offer financial incentives to the workers for speeding up

production. Because of this on average every six weeks someone dies while working on the

Bakken oil field. It was estimated that around 74

people had died while working on the Bakken since

2006. This number is thought to be much higher

because the federal regulators do not have a system

in place to record how many deaths that are

involved with oil- and gas-related deaths. North

Dakota is the second-largest oil reserve in the U.S just behind Texas. Both states together are

about half of all the crude oil production in the country. Workers just describe the explosions,

that it would smell of crude oil and that their coworkers were beyond burnt, nothing but char.

Throughout the presses there are a lot of different explosions and when a worker gets hurt the

companies shield themselves through a web of different companies so they can avoid paying

the workers and their families the full cost of settlements.

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Harmful Oil Effects

In North Dakota, it’s apparent that there is an oil boom that’s bringing more detrimental

damage to the state than it is prosperity. Oil companies are spilling and dumping drilling waste

onto lands and into its waterways. Hydraulic fracturing is a worldwide controversial process

being used as companies are drilling down into the earth with a high-pressure water mixture

that is directed at the Shale rock. Water, sand and chemicals are injected into the Shale rock at

high a pressure which allows its natural gas to flow out to the head of a well. With this method,

companies are leaving chemical infused wastewater known as brine to be absorbed into the soil

and fracking smoke stacks, polluting the air. There are active wells that are already drilled into

and along the Bakken Formation in the areas of Alberta, Canada and runs into Montana and

North Dakota, states that all are using this Hydraulic Fracturing methods. Fracking uses huge

amounts of water, which must be transported to the fracking site, at significant environmental

cost. Leaving the Native Americans and environmental activists worried about the risks of

wasteful water use and transporting Shale oils down through Dakota Access Pipeline crossing

the South Dakota state through the Sioux Nations water source and sacred traditional burial

sites.

Defining future risk is important to many at this stage of protesting and development,

because finding the facts of risk shows the probability of how oil effects can have negative

consequences to the earth and human race.

Oil is transported in a diluted form of bitumen called dilbit (where there is one or more

petroleum product added. Diluting bitumen makes it much easier to transport) through steel or

plastic tubes and some research shows that the Canada’s Athabasca oil sands has more

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corrosive properties and Bakken Formation crude oil is more volatile and can be more explosive

then your conventional crude. There can be no sure way to know when and how or when an oil

spill will occur. The extent of risks comes in many forms unique to the community’s ecosystems,

human health, waterways and the regional economics.

In the construction process of building pipelines, you harm ecosystems by fragmenting

wildlife habitats and migration patterns. Today there are many animals that are on the

endangerment list and changing habitats only increases those chances of losing animals for

good. When building roads to reach sites, it causes the earth soils to be contaminated with the

pollution of the oils from vehicles, chemicals and equipment that can cause erosion of the dirt

and minerals that can lead into the nearby streams. The permanent removal of standing forest

is one of the most harmful effects you can see in the ecosystem, because trees and vegetation

regulate our climate, remove harmful CO2 emissions and can help slow the rate of climate

change. When taking out trees and plants you increase Greenhouse gases which is a compound

in the atmosphere that are capable of absorbing radiation by trapping and holding heat in. With

more heat in the atmosphere you increase global warming.

Pipelines are said to last many years through oil company’s studies, but the material

they are made from are subject to deteriorate and crack from corrosion and when this happens

there can be pipeline ruptures causing huge amounts of shale oil to leak in land, soil, and water

sources. The focus of the Dakota Access Pipeline protestors is “water” and with that comes

hand in hand with human health, because we need the future of water to last for our

sustenance. The state already controls the water flow, storage and keeps it from flooding with

their main-stem dams for over 50 years, but water contamination that happen from oil

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ruptures or leaks and can lead to massive health problems according Worcester Poly Tech study

they compiled information from three different major oil spills, they found an increase of

occurrences of cancers and digestive problems in people who had ingested the contaminated

water with shale oil directly such as drinking from their house taps and indirectly as such from

eating livestock that drank or ate water and grass that oil contaminated. Human contamination

also accurses from daily cleaning regiment for instance bathing the study showed that the

water would give people skin problems like lasting eczema to malignant skin cancers.

Oil spills negatively impact the reginal economy, not only does it make temporary jobs

for the cleanup of ruptures or leaks, after homeowners are left with downgraded land

inspections and home being placed in decreasing pricing markets with clientele low because no

one wants to buy a home where the land and water have been contaminated. At that point it is

safe to say that the local community will have a significantly change in employment because

the oil spill put existing jobs at risk and less home owners in the community. A clear example of

oil effects is back in 2015 the Bridger Pipeline was transporting crude oil from Bakken oil region

in Montana the pipeline ruptured and pumped tens of thousands of gallons of shale oil along

the Yellow Stone River near Glendive. There is no clear estimate that can be verified of the

correct amount of oil spilled, but residents would share with local media that they could tastes

oil in their drinking water an hour after the spill and their local authority could not inform their

community if their drinking water was either safe to drink or not. Today they still have a set

team that checks over the oil that is still lefts in the Yellow Stone River and the drinking water is

still unknown if it’s free of contamination.

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Other Places Effected by the Pipeline

When talking about the Dakota Access Pipeline and the people protesting it, people

often mistake it as Native Americans protesting for their land. What people don’t realize is that

the pipeline doesn’t just affect Native Americans; it affects people all over America. The

pipeline will cause economic and environmental damage throughout the U.S. if ruptured.

“The Native Americans who have spent the last months in peaceful protest against an oil

pipeline along the banks of the Missouri are standing up for tribal rights. They’re also standing

up for clean water, environmental justice and a working climate. And it’s time that everyone

else joined in,” (New York Times). The issue of the Pipeline does not only apply to the Native

Americans and the Standing Rock Sioux tribe, but to every water source connected to the

Missouri River. The pipeline will go underneath the Missouri River, and could cause serious

environmental damage. There are

many water sources connected the

Missouri river that spread from,

almost, the west coast to the east

coast. This pipeline can cause tons

of pollution to most the U.S., and if

the states are affected so are the

reservations.

Even if this pipeline could create jobs, and lessen gas prices, pollution is real, and it

doesn’t just affect tribal people. Pollution affects the rich and the poor. Oil spillage is a frequent

hitter in polluting drinking water for tons of people. For example, in Shelby County, Alabama a

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pipe burst and released 250,000 gallons of crude oil into the water supply of the people. When

pipes age it makes for a higher chance of corrosion. The people fighting the pipeline aren’t just

fighting for their treaty rights they are fighting for clean water. In the long run a pipe will

rupture from old age, and this one in particular will affect people across the United States,

killing tons of water sources. This pipeline will not only affect indigenous people, every citizen

connected to the Missouri River. Everyone should be resisting this pipeline because nobody can

drink oil.

Water Rights

Water is without a doubt is the most important resource on our planet. It’s the resource

that’s responsible for all life on Earth. Without it, nothing can survive. It’s used and consumed

by all humans, plants, and animals every day. So as human beings, what is our right to this all-

important resource? Do we have any rights to water? Should we? What are we doing to

protect the most important resource that’s needed for all life to survive? Most people would

agree that all people should absolutely have the right and the ability to access fresh clean

drinking water, regardless of their financial standings. Most people would also agree that we

should be doing everything possible to protect and preserve our fresh water, and the lakes,

rivers and aquifers we get it from.

For most of us, it’s been easy to take water for granted, especially in America where we

can turn on any faucet, and water comes pouring out, clean, plentiful, and readily available.

However, it’s not like this worldwide, not even in parts of the United States. There are many

countries where people don’t have easy access to fresh clean drinking water and countries

where the population is so great that they’re using more water than what is available to them.

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The truth is that we are amid a global freshwater crisis. Around the world, rivers, lakes, and

aquifers are dwindling faster than Mother Nature can possibly replenish them. Goldman Sachs

estimates that global water consumption is doubling every 20 years, and the United Nations

expects demand to outstrip supply by more than 30 percent by 2040.

On July 28th 2010, through Resolution 64/292, the United Nations General Assembly

explicitly recognized the human right to water and sanitation and acknowledged that clean

drinking water and sanitation are essential to the realization of all human rights. The Resolution

calls upon States and international organizations to provide financial resources, capacity-

building, and technology transfer to countries, developing countries in particular, in order to

provide safe, clean, accessible and affordable drinking water and sanitation for all. In November

2002, the Committee on Economic, Social and Cultural Rights adopted General Comment No.

15 on the right to access water. Article 1.1 states that "The human right to water is

indispensable for leading a life in human dignity. It is a prerequisite for the realization of other

human rights". Comment No. 15 also defined the right to water as the right of everyone to

sufficient, safe, acceptable and physically accessible and affordable water for personal and

domestic uses.

However, that still doesn’t resolve the issue that, one day, there won’t be enough water

for everyone living on this planet. And big business knows this. In today’s world where

everything is driven by money and profits, all resources are susceptible to becoming owned,

marketed, and sold for financial gains. Water has become one of the most profitable resources

we have. Many of us have no idea where our water comes from, let alone who owns it. In fact,

most of us would probably agree that water is too precious for anybody to own. It would be

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morally wrong and dangerous to allow any person, business or corporation to own the rights to

something that is so vital to the existence of all life on his planet. But the rights to divert

water—from a river or lake or underground aquifer—are indeed purchasable and sellable

commodities; so too are the plants and pipes that process that water and deliver it to our taps

at home.

In 2040, there won’t be enough water for everyone. That’s not very far off. That will be

us and our kids. All people have the right to accessible, clean fresh water. So, it should also be

our right, our duty, and our obligation to protect our fresh water resources and the places we

get it from. Is there ever any reason why we should be putting this all-important life sustaining

resource in jeopardy?

Water is the essence to all life it’s our human right to use it but not own it. It’s also our

human right to protect it and defend it. Because to destroy or jeopardize our natural fresh

water is to destroy all living inhabitants on this planet and that is something we don’t have the

right to do.

Cultural Issues

Environmental Racism

Environmental racism is the settlement of low-income or minority communities in

proximity to environmentally hazardous or degraded environments, such as toxic waste,

pollution and urban decay. While there are competing views as to an exact definition, the

interplay between environmental issues and social indicators are the key to its understanding.

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The Dakota Access Pipeline is causing many conflicts with numerous federal laws and

agreements, including the Clean Water Act, the National Environmental Policy Act, the National

Historic Preservation Act, and the Native American Graves Protection and Repatriation Act, as

well as federal trust responsibilities guaranteed in the 1851 and 1868 United States treaties

with the Lakota, Dakota, and Nakota tribes. The tribal rights of natural resources, and treaties

to these tribes is only right, given that the US was founded on the genocide of Native

Americans, and the theft of their land.

The United Nations Declaration on the Rights of Indigenous Peoples states, Indigenous

have the right to determine and develop, priorities and strategies for the development or use

of their lands and other resources (United Nations, 2008). Oil production, and transportation,

can disrupt the human population and the animal and fish life of the region. Oil waste dumping,

production pollution, and spills wreak havoc on the surrounding wildlife and habitat. It

threatens the extinction of several plants, and has already harmed many land, air, and sea

animal.

These actions can affect many people’s lives, the water, plants, and animal lives and

scared lands of the indigenous people. There have been many of these oil pipelines, and many

of them have had harmful results. The desire for oil resources and an increase in oil production

has had an opposing effect on the land and environment.

Natural resource extractions have negatively harmed indigenous land in places like

Arizona and Oklahoma, such as the uranium mining fallout across the Navajo Nation, or the

lead contamination on lands leased by the Quapaw’s. Despite these cases and several large oil

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spills that have happened in recent years, the world has failed to realize the environmental

consequences that arise from the economic dependence on oil resources. Even if companies

and governments would make a total effort towards environmental safety, substantial

accidents will still, and most likely occur.

Native Americans in North Dakota are being treated as criminals for trying to protect

their land and their natural resources, while the government and oil company’s only concerns

are about money.

Sacred Sites

Since time immemorial, the Standing Rock Sioux have lived and governed a large mass

of land in known today as North and South Dakota, and extending onto Iowa, Minnesota,

Montana, Nebraska, and Wyoming. Today the tribe resides in central North and South Dakota,

but due to their expansive historical land base, the Standing Rock Sioux have cultural history on

areas that are no longer recognized as tribal land. The Dakota Access Pipeline routes through

many culturally important areas to the Standing Rock Sioux, including burial grounds, sacred

sites, and other major culturally important archaeological sites.

The Dakota Access Pipeline goes through over more than 200 waterways, and the

passage of the pipeline through waterways requires permits from the U.S. Army Corps of

Engineers (Ecowatch, 2016). However, the Army Corps of Engineers must also comply with

federal laws and acts, and approval of the Dakota Access Pipeline threatens to violate the

National Historic Preservation Act of 1966.

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The National Historic Preservation Act was created in 1966 when the expansion of

infrastructure in America after World War II was quickly destroying historically important sites

across the county. NHPA helps to protect ancient archeological sites, cemeteries and burial

grounds, and historic buildings from destruction and declared that the preservation of

America’s shared heritage is in the public interest of the American people. The NHPA ensures

that “future generations receive a genuine opportunity to appreciate and enjoy the rich

heritage of our Nation,” as well as encourages the increased knowledge of historic resources

and of their preservation. The NHPA specifically states that the federal government shall work

with Indian tribes under NHPA (NHPA, 1966). Native Americans have been the longest residents

of this land, with the longest history; the National Historic Preservation Act is an important act

to protecting the right and histories of tribes.

However, the NHPA does not guarantee preservation; it only requires that decision-

makers consider the importance of preservation in conjunction with the importance of

development. While tribes must be consulted about places that have religious and cultural

significance, the federal government can still approve development in these areas if they

believe it is more important than the historical significance. On September 3rd, 2016, Dakota

Access Pipeline construction bulldozed an area the Standing Rock Tribe had pinpointed as an

area with important cultural significance, including 82 cultural features and 27 graves

(Democracy Now, 2016).

The NHPA was not able to fully protect the sites the Standing Rock Sioux hold sacred,

the federal government once again failing Native people by not listening to their voices. Federal

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law requires meaningful consultation with Tribes when scared and traditional lands are

involved, but the Standing Rock Sioux were not given that consultation.

About the Water Protectors

The Standing Rock Sioux are currently in the process of protesting the Dakota Access

Pipeline. The DAPL did not inform the people at Standing Rock Reservation but still tried to

proceed with construction. Once Standing Rock found out that the pipeline was going to go by

them, they started protesting. The protesters call themselves and request to be called the

Water Protectors and the encampments that these protectors currently occupy are the Oceti

Sakowin Camp, Red Warrior, Rosebud and Sacred Stone Camps.

Today there are thousands of water protectors from all over the world that are

supporting the Standing Rock Sioux tribe, in fighting against the Dakota Access Pipeline. The

DAPL is trying to ignore the Standing Rock Reservation, so the Standing Rock Reservation went

to the government. They wanted a better protection of tribal lands, resources, and treaty

rights. The Standing Rock Sioux Tribe filed a complaint in federal court against the construction

and operation of the

pipeline, stating it

threatened the Tribe's

environmental and

economic well-being,

and would damage and

destroy sites of great

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historic, religious, and cultural significance to the Tribe, as well as affect the Tribe’s drinking

water supply.

Since the start of the protests, state troopers around that area have become militarized

with batons and riot helmets. What stood in front of them were mostly young native activists.

The Water Protectors are getting arrested and physically abused for peacefully protesting a

pipeline that not only harms their water source, but harms their sacred sites! “More than 525

people have been arrested Since August,” (MacPherson, 2016). It’s crazy how this one sided

controversial subject is getting overlooked. People are getting seriously injured for protesting

this pipeline by militarized police, and its so wrong. “The Morton County Sherriff’s Office said

protesters set fires while officers tried to disperse the crowds with tear gas, rubber bullets and

water sprayed from hoses attached to fire engines. Tempratures were below freezing that

night” (Ellis, Almasy, Park, & Marco, 2016).

Many younger people are proud to be protesting something so important to their

people, something much bigger than

themselves, to be able to help their tribe

overcome something so important. The

Standing Rock is protest is non-violent

and there are no drugs, alcohol, or

weapons. The people at the camp chop

wood, feed horses, prepare meals, visit with their neighbors, and most importantly they tell

their stories. They also have different ceremonies and training workshops; they are waiting to

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see how they can make history for the next generation to come. Standing Rock is not just

speaking out for them, but for the generations to come.

Indigenous Solidarity Worldwide

There have been about one-hundred and eighty different tribes that have sent letters to

Standing Rock, voicing their support for the Standing Rock reservation. Currently there are

nearly 200 flags from different Native American tribes across the country at the protest site,

helping to support Standing Rock’s decisions. When our tribes are being threartend we all stand

up and against the issue. That can range from defending treaty rights, pleading for help to stop

a coal train, and of course to stop the installment of a pipeline. One thing that all indegenous

people are trying to do is protect their sovereign rights. Indigneous people know when their

rights or culture is being threatened.

The Dakota Access Pipeline has received so much attention in both the Indiginous and

non-Indigenous world. If you’re someone that comes from an indigenous background or you’re

aware, then you know what’s going on. One group of Indigenous people that are half way

across the world showed support for Standing Rock in a way that gives Native Americans hope,

and showed us we’re not alone. “Many Maori, the native people of New Zeland, have taken

social media to stand in solidatary with Standing Rock Sioux Tribe, . . . The Maori are showing

their support by posting hakas, a traditional war dance that the Maori would perform on the

battlefield, to a Facebook group called Haka with Standing Rock, which currently has over

11,000 members…We need to show them the power and strength of indigenous international

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unity,” (Dewey, 2016). Many Maori have also come to Standing Rock to show their solidarity in

person as well.

Every tribe and nation is so similar but so different and unique. We all have one thing in

common though; anywhere you go, water is sacred, water is life. For Coast Salish tribes, the

water was one of the ways of transportation with canoes, it was and still is a food source for

fish, clams, mussles, etc… but you don’t have to be Native American to think of water as sacred,

water is literally life. It is one of the few things that we actually need to survive.

This subject doesn’t just affect one ethnicity or group of people. It affects us all, simply

due to the fact that it’s the year 2016. One day there will never be full blooded Indians, white

people or black people. We’re all becoming intergrated and having mix breed childeren. So if

we go to the future right now, this situation doesn’t just affect Native Americans. It affects

everyone.This isn’t about one culture it’s about all cultures.

Conclusion

Water is life and it covers about 71% of our earth, (Perlman, 2016). The people from

Standing Rock can’t drink oil. Since they’re Native American and being mistreated and their

rights are getting disrespected, all Native Americans should feel that we are being mistreated

and our rights are getting disrespected. Our ancestors didn’t try to secure rights and a better

relationship with the government just so everything they fought for can be broken. All

indigenous people are feeling violated by the fact that our own country isn’t supporting us, and

that promises are never upheld if money is a factor.

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This pipeline must be stopped, for the sake of the future generations, environment, and

economy. We’re stronger as a people when we drop the “I” and pick up the “we”. As humans

we’re all in this together. We either survive together or die together, and that decesion is made

by the choices we make today. This pipeline will affect more than just one nation and group of

people, and it’ll have collateral damage that affects people of all backgrounds.

“The Standing Rock Sioux Tribe says construction of the pipeline – which is currently

slated to run under the Missouri river – could affect its drinking water supply and put

communities living downstream ‘at risk for contamination by crude oil leaks and spills’,” (Ellis,

Almasy, Park, & Marco, 2016). Water is life, and these big, multimillion dollar

companies/corporations don’t even care because they don’t think it’ll affect them. In reality, it

doesn’t just affect the people that live in North Dakota or just the Native Americans; this

pipeline affects multiple people and cultures.

Native Americans have been mistreated for many generations. This injustice of what the

Native Americans in North Dakota are going through is as severe as the day Christopher

Columbus so called discovered America. The Water Protectors continue daily in their resistance

to protect their water, land, cultural, and human rights. They defend the Earth and refuse to let

the promises of the United States be broken again for the befit of others. The Water Protectors

defend their lands so they have the teachings that the land has to offer, the food the land has

to offer, most importantly the memories that water has to offer. To show the next generation

that their people and many tribes across the nation, stood up for what they believed in, that

they were not pushed around even when it seemed like there was no end.

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