International Indian Treaty Council sends urgent communication to UN about Dakota Access pipeline

The International Indian Treaty Council has filed an urgent communication with four of the UN Special Rapporteurs regarding the Dakota Access pipeline and the concerns raised about it by the Standing Rock Sioux Tribe. The communication is addressed to four thematic rapporteurs: on the situation of human rights defenders, on the rights of indigenous peoples, on the human right to safe drinking water and sanitation, and the environment and human rights.

This press release from the International Indian Treaty Council  explains that the urgent  communication  "requests the intervention of these UN human rights mandate holders to call upon the United States to uphold its statutory, legal, Treaty and human rights obligations and impose an immediate and ongoing moratorium on all pipeline construction until the Treaty and human rights of the Standing Rock Sioux Tribe, including their right to free prior and informed consent, can be ensured."

Dakota Access Pipeline Getting National Attention in the US

Efforts to continue construction on the Dakota Access Pipeline in spite of the concerns and protests of the Standing Rock Sioux Tribe have finally reached national consciousness in the United States. The Standing Rock Sioux Tribe  has been raising concerns about the pipeline for months. This blog has been following the developments and concerns raised about the pipeline since March of this year.

There is a growing camp of supporters and protesters in North Dakota. There is also a law suit that has been filed, with a ruling expected than “no laterthan Sept. 9 on a request by the Standing Rock Sioux to stop construction andreconsider permits the project has received.” 

The comparisons to the controversial Keystone XL pipeline are inevitable, with this story noting that  the Dakota Access pipeline is “quickly emerging as a sort of Keystone XL Part 2.”

Delay to the Dakota Access Pipeline: Route May Cross an Ancient American Indian Burial Ground

Despite opposition from members of the Standing Rock Sioux Tribe,   plans to construct the Dakota Access pipeline across four states continue, with construction under way in North and South Dakota and Illinois.


 Construction has been delayed in Iowa,  because of “the possibility of an American Indian burial site” on the planned pipeline construction route. 

A construction permit has been revoked by the US Fish and Wildlife Service, who owns the property in question, pending further investigation into the claims of the burial site. 

The Dakota Access pipeline continues to get attention in the media, as events continue to unfold about its possible construction. A state permit has been requested from  Iowa to begin construction on the pipeline.  According to this article, there was an application made for an expedited decision on the permit, but that that request was not successful. Instead, the decision about the permit will proceed in the usual fashion, which allows "public comments through March 25." Among other requirements to obtain the permit, the article says that "The terms and conditions issued by the board include Dakota Access must:

• Obtain and maintain a general liability insurance policy of at least $25 million

• Demonstrate and file the unconditional and irrevocable guarantees from its parent companies for remediation of damages from a leak or spill

• Make modifications to easement forms on properties utilizing eminent domain

• Continue to offer to purchase voluntary easements

• File a revised Agricultural Impact Mitigation Plan to include landowner notifications and the separation of all topsoil from affected areas

• File a winter construction plans

• File quarterly status reports"

Indian Country Today Media Network has a detailed article on the pipeline plans, which discusses the concerns raised by the Standing Rock Sioux Tribe. These concerns include the damage that would result from a pipeline leak: "If a leak were to occur, it would undoubtedly devastate the environment, people, resources and land of the Standing Rock nation. The quality of the water of the Missouri River is critical to the health and well-being of the tribe, both economically and culturally."

More Pipelines in the News: Dakota Access Pipeline

The issue of pipelines has not gone away, entirely, it would seem. And this is to do with a pipeline other than the controversial Keystone XL project. Now in the news is the proposed Dakota Access pipeline, which would run "through North Dakota, South Dakota, Iowa and Illinois." 

This proposed pipeline is being opposed by members of the Standing Rock Reservation. 
Tribal members cite concerns about the environmental hazards posed by the proposed pipeline  by putting water supplies at risk, as well as alleging that the  "company bypassed federal laws requiring direct discussion with the tribes." 

Approval for construction of the pipeline was secured in Iowa on March 11, 2016.  This is despite objections raised by Iowa land owners who would be affected by the pipeline construction. 

While the threat from the Keystone XL pipeline may have abated, the appetite for pipeline building does not seem to have been curbed, even with the current very depressed prices for oil and gas.