Manoomin (wild rice), the White Earth Nation, and others are suing the Minnesota Department of Natural Resources (DNR) in White Earth Tribal Court over the DNR’s decision to approve excessive dewatering as part of Enbridge Line 3 pipeline construction.
Those speaking on behalf of Manoomin, the lead plaintiff, said Manoomin requires water to live and thrive and the Line 3 dewatering threatened its very existence during a severe drought.
Native Nations and environmental groups opposed to the Enbridge Line 3 tar sands pipeline announced Wednesday they would appeal to the Minnesota Supreme Court to overturn the pipeline’s Certificate of Need and Route Permit.
One notable advocate that had sued to stop Line 3 dropped out this time: The Minnesota Department of Commerce. Commerce represented the public interest before the Minnesota Public Utilities Commission (PUC). It has consistently argued that Enbridge failed to prove that future oil demand justified building the new and larger Line 3.
Those continuing litigation to overturn the PUC’s Line 3 permits are: The White Earth Band of Ojibwe, the Red Lake Band of Chippewa, the Sierra Club, Honor the Earth, Friends of the Headwaters, and Youth Climate Interveners.
Gov. Tim Walz appears to have caved to political pressure. His administration’s decision to drop the appeal emphasizes what’s been clear for a while: In spite of promises, Walz is not taking climate damage or treaty rights seriously.
In related news, top elected leaders from the White Earth Nation came to the Capitol today to press the Walz administration for nation-to-nation consultation around Line 3.
This day in history, Congress creates the ‘White Earth Roll Commission’
The White Earth Nation (Gaa-waabaabiganikaag) is invoking its treaty rights to stop the Enbridge Line 3 tar sands pipeline from being built. To date, it’s had no success. For White Earth and other Ojibwe bands and nations, it’s the latest in a long string of treaty abuses.
Let’s look at one other example. On this day in history, June 30, 1913, Congress created the White Earth Roll Commission to determine which White Earth Band members were “full blooded” and which were “mixed blood.” This was not a distinction Native communities made. Congress created these designations so businesses could “legally” steal White Earth’s valuable pine lands.
On one hand, it’s a typical story about people with money and power abusing the system to enrich themselves. On the other hand, it’s a little known story about how the United States decided, in its hubris, that it could dictate who is an “Indian” and who is a “mixed blood.”
Treaties are a two-way street with rights and responsibilities for both parties. On Line 3, Minnesota is failing its duty.
The Treaty People Gathering, June 5-8, garnered extensive media coverage, notably the June 7 actions taken to stop construction of the Enbridge Line 3 tar sands pipeline through northern Minnesota.
The media covered the political pressure placed on President Joe Biden to live up to his campaign promises to address climate change and respect Tribal sovereignty. It covered water protectors chaining themselves to Enbridge equipment and the subsequent arrests of approximately 200 people. It covered speeches by important movement leaders and celebrities such as Winona LaDuke, Tara Houska and Jane Fonda.
Most stories made a passing reference to treaty rights, but failed to give the topice much ink. It’s not something that fits easily into a two-paragraph summary or a 30-second video clip.
The problem is that many non-Indigenous people erroneously view treaty rights as a gift from the United State government to Indigenous Nations. Treaty rights are a binding contract between two parties, each with their own rights and responsibilities.
Darrell G. Seki Sr., chair of the Red Lake Band of Chippewa and Michael Fairbanks, Chair of the White Earth Band of Ojibwe wrote a strong letter to President Biden last winter asking him to shut down Enbridge Line 3 by executive order.
They asked Biden to respect Tribal sovereignty and treaties. “As elected leaders, we wish to state clearly that the Bands never gave consent for the construction of the pipeline through our treaty lands,” the Feb. 2 letter said. “In fact, the Bands’ governing bodies have each enacted multiple Resolutions throughout the course of the five-year regulatory process in opposition to the 338 miles of pipeline construction through the largest concentration of wild rice watersheds in the United States.”
With Walz being a wallflower in the Line 3 debate, Tribes, water protectors and their allies have ramped up presidential pressure.
Last month, more than 300 organizations “representing Indigenous groups and national and local organizations, sent a letter to the Biden Administration calling on him to immediately suspend or revoke Enbridge’s Line 3 permits,” WECAN reported.
Sam Strong, Secretary of the Red Lake Nation, issued a call for public help in stopping Enbridge from building its Line 3 pipeline. He calls the project a violation of Red Lake’s treaty rights.
Indigenous-led organizations such as Honor the Earth and the Giniw Collective have been on the front lines trying to stop Line 3. This is the first call from one of Minnesota’s sovereign Native nations asking people to come to northern Minnesota to support the pipeline resistance.
The Minnesota Public Utilities Commission (PUC) today rejected requests from the Red Lake and White Earth nations to delay construction of the Enbridge Line 3 pipeline.
Further, the tribes said the arrival of out-of-town construction workers would increase the spread of COVID.
Further, the tribes and other intervenors have cases pending in the Minnesota Court of Appeals trying to reverse Line 3 approvals. The issues range from Line 3’s climate damage and treaty rights to the Minnesota Department of Commerce’s argument that Enbridge failed to prove this pipeline is needed.
The tribes argued that if the PUC didn’t delay Line 3 construction, the environmental damage would be done before the court reaches a decision, which would be unfair.
In a 4-1 vote, the PUC rejected the request for a “stay” in construction. Commissioner Matt Schuerger was the lone vote in favor of the stay. He called the tribe’s arguments “persuasive and critically important.”
Red Lake and White Earth are expected to appeal the PUC’s decision to the Minnesota Court of Appeals.