Only 10 Days Left to Comment on Tar Sands Pipeline EIS; What We Learned from the Bemidji Hearing

Hundreds packed the Sanford Center in Bemidji.

The latest round of public meetings to speak out against a proposed tar sands crude oil pipline through northern Minnesota are over, but you can still make your voice heard until July 10!

The project is called Enbridge Line 3, and it runs from Alberta, Canada, to Superior, Wisconsin, crossing the length of northern Minnesota and passing near some of our cleanest lakes and rivers.The Minnesota Public Utilities Commission isn’t expected to vote on the project until early 2018, but this is a critical step. The Minnesota Department of Commerce issued a draft Environmental Impact Statement (DEIS) which will shape the debate. The DEIS is deeply flawed. Commerce needs to hear from citizens like you just how bad it is.

Here are four quick points that show how bad a proposal it is. Any one of these should be a deal killer.

1. Tar sands mining is doing incredible damage in Canada and adding to climate change. Tar sands mining generates as much air pollution as the city of Toronto. It has created 300 billion gallons of toxic tailing ponds with mercury, arsenic and benzene (and growing). Canada’s First Nations people are bearing a disproportionate pain from this pollution.
2. The new Minnesota route crosses the Mississippi Headwater region. What more needs to be said?
3. The proposed pipeline crosses lands where the Anishinaabe (Ojibwe) have treaty rights to hunt, fish and gather. The draft EIS all but admits the proposal violates these treaty rights.
4. Minnesota does not benefit from this project. Our state’s petroleum use is on the decline. The U.S. already imports more crude oil than it needs. These new pipelines support foreign exports.

Here are ways you can still make a difference. Please share with your friends.

• Check out Stop Line 3 for action items.
• Sierra Club’s North Star Chapter has a sign-on letter.
• Sierra Club youth leaders have organized a letter writing event at the Birchwood on Saturday, July 8th from 3-5 p.m. Facebook announcement here.
• You also can comment directly by emailing Pipeline.Comments@state.mn.us.  (Include the docket numbers, CN-14-916 and PPL-15-137, in your comments when emailing them in directly.)

This proposal has drawn strong public reaction. The last of 22 public meetings was held June 22 in Bemidji. It was another jam-packed hearing room, another strong showing by those opposed to the proposed Line 3 expansion, and another time the Department of Commerce had to extend the hearing to give more people a chance to speak.

Each hearing generates new insights. Here is what we learned from Bemidji.

Reflections on “Scaffold”: Artistic Freedom, the Son of Sam, and Repentance

“Scaffold” sculpture was removed from the Walker Sculpture Garden.

The Walker Art Center made the right decision when it agreed to remove Scaffold from its new Sculpture Garden, yet for some thorny questions of artistic freedom remain.

We get stuck in this debate when we see the decision to remove Scaffold as a referendum on artistic freedom. That polarizes people. Yes, we deeply value artistic freedom, yet we hold other deep values, too, like fairness and inclusion. When values don’t line up on a particular decision, we have a difficult choice to make.

So here’s the question: In the case of Scaffold, how would those of us who agree with removing the sculpture describe our deeper values, those that in this case override our value for artistic freedom?

Gingrich Plays the “Scalp” Card, the Metaphor that Wouldn’t Die

Have you ever seen a picture of an Indian getting scalped by a settler or soldier? We know it happened a lot. Why don’t we ever see that image or read about it?

That question came to mind reading a story from The Hill, headlined: Gingrich: Somebody probably going to jail over Russia investigation. In the story, former House Speaker Newt Gingrich compared those investigating the Russian ties in the Trump administration to an “Indian hunting party.”

“This is like watching an old-fashioned Western movie. This is an Indian hunting party,” Gingrich said. “They’re out looking for a couple scalps, and they’re not going to go home until they get some.”

It’s a 19th Century metaphor that won’t go away. His career grinding to a halt, I guess former House Speaker Gingrich is trying to stay in the spotlight by being controversial. But what a bizarre image to conjure up. It denigrates Native Americans as savage. It makes the investigators asking tough questions seem savage. It makes high-powered politicians under investigation seem like helpless, brutalized victims.

The use of the “Scalps” metaphor requires a quick Public Service Announcement on the matter. This was not a uniquely Native American practice. In fact, it was the settlers’ free enterprise idea of paying for scalps that accelerated the practice.

DAPL Court Ruling a Mixed Bag: Reveals Deeply Flawed Environmental Justice Review, but Weak on Treaty Rights

A recent court ruling on the Dakota Access Pipeline (DAPL) is stunning for what is reveals about how the U.S. Army Corps of Engineers conducted its so called “environmental analysis” of the project.

The June 14 decision by U.S. District Court Judge James Boasberg will require the Corps to go back and do the analysis correctly. He left open the possibility that the court could shut down the pipeline until these issues are resolved. That decision will come at a later hearing.

The court ruling says the Corps analysis “did not adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice.” Read more deeply into the decision, and it raises questions about whether the Corps is simply oblivious to the concept of environment justice or whether its staff willfully slanted the review to get the outcome it wanted.

(In a related matter, the Trump administration has proposed eliminating the Environmental Justice Program altogether and making deep cuts to other civil rights services. See this CNN story.)

According to the court decision on DAPL: “The purpose of an environmental justice analysis is to determine whether a project will have a disproportionately adverse effect on minority and low income populations.”

The problem with the Corps’ environmental justice analysis boils down to this: It drew such a tiny circle defining the project’s impact area that it excluded the Standing Rock Nation from consideration.

That’s right. The Corps’ environmental justice analysis only looked at the impact on a predominantly white community mostly upstream from where DAPL crossed under Lake Oahe. It did not consider the impact on the Lakota people of the Standing Rock Nation just downstream from the crossing — the community that would be impacted by any spill.

MnDOT Project Desecrates Native Graves, One More Example of Native Invisibility

Here’s another tragic example where Native lives and history are invisible to key decision-makers: The Minnesota Department of Transportation thoughtlessly unearthed Anishinaabe graves as part of its Mission Creek Bridge project in Duluth. Just like officials at the Walker Art Center and the controversy over Scaffold, MnDOT is now scrambling to offer a profound apology. Here it is, reported by Minnesota Public Radio:

“No question, disturbing the sacred burial sites was an incredibly horrific event,” MnDOT Commissioner Charles A. Zelle told a meeting at the Fond du Lac Community Church last night. “We do take responsibility. … We’re just beginning to understand the pain and the anger that comes from a disruption that we could have avoided.”

According to the Duluth News Tribune report on the community meeting:

[People wanted to know] how and why, after five years of planning, the [Fond du Lac] band was not consulted and no flags were raised, considering the historic nature of the area in Duluth’s Fond du Lac neighborhood where highway construction was taking place.

The agency said its process did not include working with the band, and that process had failed.”

Just like Walker’s decision to erect a sculpture replicating the scaffold used to hang 38 Dakota men — one of the most tragic days in Dakota history — no one at MnDOT thought to consult with affected Native communities. There wasn’t any policy in place to even raise the question.

This issue is bigger than the Walker; it is bigger than MnDOT. It reflects our state’s lack of education about Minnesota’s first peoples and their history — and our institutional cultures that are comfortable remaining ignorant.

Surveillance-Industrial Complex Unmasked in Leaked DAPL Documents

To the water protectors who tried to stop the Dakota Access Pipeline (DAPL), the fact that law enforcement and security firms coordinated efforts to undermine the camps is old news. For those less familiar, the news site The Intercept is providing new details on the behind-the-scenes surveillance and public relations operations by the government and private security.

The Intercept received leaked documents from a contractor who worked with TigerSwan, a private security firm hired by Energy Transfer Partners to coordinate DAPL security. The Intercept just published its second story in a three-part series.

TigerSwan is largely made up of special operations military veterans, (which tells you a lot about the approach Energy Transfer Partners wanted to take in the conflict). TigerSwan “was formed during the war in Iraq and incorporated its counterinsurgency tactics into its effort to suppress an indigenous-led movement centered around protection of water,” The Interept story said.

The story raises serious questions about law enforcement’s impartiality and the “Surveillance-Industrial Complex.”

Guest Blog on “Scaffold”: A Sacred Call for Deconstructing Oppression

Karen Hering is a consulting literary minister for Unity Church Unitarian in St. Paul and writes a blog called: “Writing to Wake the Soul.” She wrote a powerful reflection on the removal of “Scaffold” from the Walker Sculpture Garden. It is republished here by permission.

Taking It Down: A Sacred Call for Deconstructing Oppression

A crowd gathered for a Dakota healing ceremony.

On June 2, 2017, over 300 people gathered in downtown Minneapolis on the grounds of the Walker Art Museum’s redesigned sculpture garden, not quite finished and not yet opened, to witness the ceremonial deconstruction of an installation titled “Scaffold.” Designed by artist Sam Durant, “Scaffold” was modeled after a gallows used to hang 38 Dakota men in Mankato, Minnesota in 1862, the largest public execution in the history of the U.S.. A week before the planned reopening of the sculpture garden, the Walker engaged Dakota elders in a conversation about “Scaffold” and its possible impact on local audiences. Protests immediately called for its removal, and within one week, the Walker had postponed the garden’s reopening, participated in an independently mediated conversation with Dakota elders and the artist, and agreed to dismantle the installation in a public ceremony planned and led by Dakota elders.  Other posts on-line offer more information about the sculpture and its deconstruction.  

This reflection is based on my experience of the June 2 ceremony, with the hope of sharing the sorrow, the power and the call of that day’s events. The quotes are all from Sheldon Wolfchild’s opening words, delivered before the sacred ceremony began (which we were asked not to record out of respect). The wooden structure required four days to dismantle; the “Scaffold’s” understructure of steel and cement was then broken down by the Walker and also removed.  

Taking It Down: a sacred call for deconstructing oppression

June 2, 2017: It is a hot summer’s day. Sun high in the blue sky. A crowd of over 300 gathers, a drum beats, a song thrums. Sheldon Wolfchild, Dakota elder from the Lower Sioux Agency, addresses the crowd. He says:

This is a sacred process…. Let us remember what this historical truth has brought us.

Behind him a newly constructed wooden scaffold looms. Unlike the gallows built in Mankato in the dead of winter 155 years earlier, after which it is modeled, this one is solid and built to last. Its beams are treated to withstand all weather, its foundation is cement, its invisible supports made of steel. The photos of it published in the previous week do not begin to represent its ominous presence and menacing energy. Wolfchild continues:

This is a sacred process to dismantle negativity. Let us all work together in one prayer from the heart, not the mind, as our elders say.