You've reached the end of your free preview.
Want to read all 5 pages?
Unformatted text preview: Cannon 1
Isapela Cannon
Mrs. Dodd
AP English III
29 October 2017
Standing Rock Pipeline Civil Disobedience
In December 2014, the Texan Energy Transfer Partners LP applied for a 1,172 mile long
multi-state oil pipeline that would carry 570,000 barrels across sacred Sioux Standing Rock
Tribe land; the pipeline was approved by President Trump on February 7, 2017. With the direct
violation of the Clean Water Act, the 14th Amendment, and the Fort Laramie Treaty of 1851, the
implementation of the LP pipeline directly infringes on the rights of the Sioux Standing Rock
Tribe in South Dakota. With the pipeline’s approval by President Trump and numerous federal
officials, the US government shows support for the unjust encroachment of sacred indigenous
lands in pursuit of money and more oil.
On March 11, 2016 the proposed multi-state pipeline was approved by all four affected
states, but the Texan oil company failed to gain the approval of the tribe’s government to build
the pipeline on sacred indigenous land. With the placement of the pipeline, the main water
source of the tribe is at risk, and the tribe will be slowly pushed further off of the reservation, yet
the Sioux government is not being consulted despite the significant effect that the pipeline will
have on the tribe’s resources and land. On November 18, 2016, the Sioux tribe petitioned to
reroute the pipeline but the Texan company refused to compromise by stating that, “The
project..will have no permanent effect to vegetation, fisheries, wildlife, migratory birds, listed
species or their habitat,” and will not impact, “surface water, groundwater, or [bodies of water],” Cannon 2
in their environmental report addressed to discouraged environmentalists (Bubenik). The
pipelines establishment on indian land directly violates the Clean Water Act which applies to all
American citizens - Native Americans included. The Clean Water Act deems it unlawful for any
person to, “Discharge any pollutant from a point source into navigable waters,” unless a permit is
obtained under its provisions and an approval from the regional government is met (EPA). The
act also, “[Establishes] water quality criteria, within the US and aids environmentalists by
enforcing clean water standards in various sized bodies of water (EPA). Without the approval of
the tribal government, the pipeline’s construction unlawfully pollutes Lake Sakakawea and Lake
Oahe, both which are considered Sioux Sacred sites.
With the construction of the pipeline rushed by American government officials and
President Trump, the construction directly violates the Fourteenth Amendment of the US
Constitution. The 14th Amendment states that, “All persons born or naturalized in the United
States.. are citizens of the United States,” and that no state has the right to enforce a law that
abridges the privileges or, “[deprives] any person of life, liberty, or property.. [or] equal
protection [under] the laws,” of the constitution (Editors). Despite the tribes situation on indian
reservation land, they are still legally protected under the rights of the constitution as they were
born on US soil and have remained in the US legally. Even though multiple attempts for
compromise were made by the Sioux, the Energy Transfer Company refused to reroute the
pipeline off of indian reservation as it was supposedly ‘too late’, months before construction
began. Although the involved state governments approved the construction of the pipeline, the
land is legally reserved for the Sioux and must be sanctioned for change by their government and
people before the state government proceeds, even with Trump’s signed approval to continue Cannon 3
construction. With President Trump’s signed approval, he directly condones the obstruction and
encroachment of the individual rights of American citizens protected under the 14th
Amendment.
The implementation of the pipeline also breaks the Fort Laramie Treaty of 1851. The
treaty was constituted between the Dakota and Lakota people and the US government to,
“Assign each tribe a defined territory where they were to remain,” and “[define] territory for
each tribal group in order to end inter-tribal rivalry,” but also to delineate which territory
belonged to the tribal governments and which belonged to the US government (Howe). With this
treaty in place, the federal and state governments are required to obtain the approval of the tribe
before any economic or environmental changes are made to their land because the land
technically belongs to the tribal governments. With the ruin of their sacred lands, the Sioux
began peaceful protests but were quickly shut down by officials with pepper spray and brutal
beatings. Along with the illegal disruption of their lands, numerous archeological artifacts were
found near the proposed site of the pipeline, leading to larger environmentalist riots against the
unjust construction of the pipeline. With the unnecessary violence against the tribe and the
federal and state governments failure to gain the approval of the Sioux pre-construction, the
obstruction of the Sioux’s sacred land is unauthorized and needs to cease.
Due to the illegal desecration of the Standing Rock Sioux land, the pipeline construction
must discontinue as it unlawfully contravenes laws under the American constitution and between
the US and Sioux governments. With the approval from Trump and numerous governmental
officials, the US is setting the example that defying treaties and laws between indigenous tribes
and the US is acceptable. Even though the Sioux live on reservations, that we pushed them onto, Cannon 4
they are still natural born US citizens and are protected under the same laws that
non-reservationists are safeguarded by and should be treated as such. Cannon 5
Works Cited
Bubenik, Travis. “Energy Transfer Responds To Public Comments On Pipeline Border Review.”
Marfa Public Radio, 29 Sept. 2015,
marfapublicradio.org/blog/energy-transfer-responds-to-public-comments-on-pipel
ine-border-review/.
EPA. “History of the Clean Water Act.” EPA.gov,
.
Editors of Encyclopedia Britannica. “Fourteenth Amendment,” Encyclopedia Britannica,
Encyclopedia Britannica, 29 Oct. 2017,
.
Howe, Neil D. “The 1851 Fort Laramie Treaty.” Nd Studies,
.
Meyer, Robinson. “The Legal Case for Blocking the Dakota Access Pipeline.” The Atlantic,
Atlantic Media Company, 9 Sept. 2016,
499178/.
Miller, Ryan W. “How the Dakota Access pipeline battle unfolded.” Usatoday, 4 Dec. 2016,
e-and-protests/94800796/.
Worland, Justin. “Dakota Access Pipeline: What to Know About the Controversy.” Time, Time,
time.com/4548566/dakota-access-pipeline-standing-rock-sioux/. ...
View
Full Document
- Fall '18
- Jennifer Dodd
