Standing Rock

Water Rights Protests at Standing Rock

By Willow Leland

Background

The Dakota Access Pipeline (DAPL) was initially proposed in 2014 by an oil company in Texas named The Energy Transfer Partners. The pipeline was intended to run from North Dakota to Illinois, transporting a massive 500,000 barrels of oil daily (Kickingwoman, 2020). While an asset to Energy Transfer Partners and oil companies, the pipeline would contribute to the distribution and widespread use of fossil fuels. The DAPL would contribute to the oil economy, therefore raising CO2 emissions, but it also directly posed a threat to communities downstream of the Missouri River, specifically Native tribes. The DAPL was to be constructed across a section of the Missouri River, the primary water source for the Standing Rock Sioux Reservation. Not only did the potential for a leak in the pipeline raise concerns for drinking and irrigation water essential to the reservation, but the pipeline would eventually cross through and destroy multiple sacred sites such as burial locations (Hersher, 2017).

Figure 1: Image depicting the section of the DAPL that would run through the Missouri River

In 2016, the U.S. Army Corps of Engineers wrongfully determined that the DAPL would not harm any historic property and plans to begin construction were set. Later that year in August, protests at standing rock began. (Hersher, 2017). The protesters argued, “the Dakota Access Pipeline violated Article II of the Fort Laramie Treaty, which guarantees the ‘undisturbed use and occupation’ of reservation lands surrounding the proposed location of the pipeline.” (Smithsonian, 2018). The Sioux view themselves as water protectors and feel that instead of the Earth protecting us, we are responsible for protecting the Earth.

They stood in the way of construction while enduring extreme reactions from law enforcement. Concussion grenades, tear gas, and water cannons in freezing temperatures were all used against the Standing Rock protestors (ACLU, 2022).

Despite this, the water protectors did not lose hope and continued to fight for their rights. The Standing Rock camp represented something beyond just a pipeline protest. The protests represented revolting against the hundreds of years of oppression Indigenous folk have faced from colonizers and “brought together 200 or so tribes that have not united for more than 150 years” (ACLU, 2022). Within the larger camp, smaller communities created space to be with like-minded people while fighting for what they believed in, such as the two-spirit camp led by Candice Brings Plenty. Standing Rock symbolized unity among indigenous tribes speaking out about the constant oppression and disregard placed on them by policymakers and the American government (Plenty, 2019).

Figure 2: Protesters with signs at a protest against the DAPL. Source: Flickr, Fibonacci Blue, 2016

The persistent resilience in the face of violence garnered attention on social media, which allowed for support from individuals that otherwise may have never known of the DAPL. With the protest now in mainstream media, former President Trump acted, deciding to override the environmental review of the pipeline that the Sioux had fought for and expedited the construction of the DAPL, pushing the reality of contaminated water, destroyed sacred sites, and disputed support of the fossil fuel industry closer to Standing Rock. Eventually, in 2017, the pipeline was finished and began transporting oil throughout the proposed pipeline. Shortly after its operation began, as suspected by the Sioux tribe, leaks were reported throughout North and South Dakota. The leaks contaminating the sacred water were continuously ignored to the point of Energy Transfers Partners submitting plans to more than double the amount of oil being transported, sparking more outcry from the tribes, knowing this would create more leakage. After another legal battle, the Sioux suffered an additional loss when the North Dakota Public Service Commission voted to allow the expansion of oil transport by the DAPL (Kickingwoman, 2020).

Just when all hope seemed lost, it was proven that the effort at Standing Rock did not fall on deaf ears. The world had been watching and the water protectors successfully made their voices heard by standing their ground.

In 2020, an unnamed federal judge mandated Energy Transfer Partners to conduct a full environmental review of the DAPL. Energy Transfer Partners sought to appeal to avoid this environmental review. The appeal was immediately shut down by the US Supreme Court. It is reasonable to expect the DAPL will not pass the environmental review, and that in the next few years, we will see an order for operations of the DAPL to cease. (Kickingwoman, 2020; Lakhani, 2022). An ongoing fight for 8 years has finally become a victory for not only the Standing Rock Reservation, but for all Indigenous communities having their land violated.

Reasons For Hope

There is a long history in the US of taking advantage of Indigenous people and sacred land to benefit Western culture and the fossil fuel industry. The DAPL not only passes through essential land for Sioux folks today but is built in its entirety on stolen land, as is all of America. In recent years, it has not just been the DAPL that has violated native land. A similar example is the Keystone XL Pipeline which takes a similar path through the country as the DAPL. These pipelines not only actively harm tribes in the sense that it pollutes their water, and air, and decreases their land ownership but it also goes directly against the Indigenous belief of protecting the earth. Often, it feels as though there is nothing that can be done by individuals to stop the steamroller that is the US government from taking and destroying native land, however, this case study is a beautiful example that with resilience and persistence there is something to be done.

Throughout the timeline of the DAPL, the Standing Rock protestors suffered loss after loss, but through physically blocking the construction of the DAPL and educating anyone who would listen, they were able to overcome the odds and resist the financially favorable party. The mandated environmental review for the DAPL is not only a major win for the Standing Rock tribes but also for environmentalists. With one million barrels of oil potentially prevented from being transported daily, the fossil fuel and oil industries must work harder to make their profit. The Standing Rock protests against the Dakota Access Pipeline are a shining example of community engagement and resilient protest to shift policymakers' focus from financial gain to the benefit of the community and the planet.

Figure 3: Protesters at a Trump protest holding a sign against the DAPL. Source: Flickr, Fibonacci Blue, 2017

Figure 4: A girl holding a sign saying "People over pipelines" at a DAPL protest. Source: Flickr, Fibonacci Blue, 2016

Insights and Applications

While the main strategy of the Standing Rock protests was to spread their word and educate others (Plenty, 2019) it is the responsibility of colonizers and their descendants to educate themselves on how to support local native communities and protect the planet we all inhabit. Western culture can a lot from Indigenous practices, one lesson being putting community and the earth before our own selfish desires. Indigenous protesting strategies and mindsets can take us a long way in the battle against climate change.

When it often feels like protesting can be hopeless and make no change, Standing Rock proves otherwise. They demonstrated with patience and self-sacrifice; change is within reach. Writing to local politicians, protesting, and forcing individual opinions to be heard impact the world we live in. Donating what we can to protect Indigenous communities and clean energy can be a first step for many looking to get involved in similar fights. A substantial portion of the untouched land we have left is protected by native communities. After all the damage and hardship Western culture has caused said native communities and land, the very least that can be done is to protect what is still standing.

Date: Fall 2022

Location: Standing Rock Reservation, North Dakota

Tags: Community Action, Policy and Law