Tag Archives: Dakota Access

Authorities Drop 33 Cases Against Dakota Access Protesters

PHOTO: (Supplied: Sacred Stone Camp)

  • Staff | (AP) APR 23 2017

BISMARCK, N.D. — Authorities dropped nearly three dozen cases last month that stemmed from arrests of protesters against the Dakota Access crude oil pipeline, court records show.

The Bismarck Tribune reported Saturday that prosecutors and judges dropped the 33 misdemeanor cases while another 14 were resolved by guilty pleas. Most of the cases dropped last month related to criminal trespass charges from the late summer and fall.

Prosecutors struggled to prove those charges before Judge Allan Schmalenberger, who ruled in multiple cases that the Morton County State’s Attorney office had failed to meet its burden of proving that protesters were given proper notice that they were on private land, either with signs or verbal warnings.

Demonstrators staged months of protests near the Standing Rock Reservation in North Dakota to try to stop the $3.8 billion, four-state pipeline, saying it will pollute water and damage Native American sacred sites. Dallas-based Energy Transfer Partners, which built the line, says it’s safe. According to the joint information center, 761 arrests were made during the protests.

Protesters who got their charges dropped last month included Rebecca Kemble, a Madison, Wisconsin, City Council member, who was acting as a legal observer on Oct. 10, according to her defense attorney’s brief. She was charged with criminal trespass, engaging in a riot, resisting arrest and tampering with evidence, but her attorney argued she was arrested while trying to leave and was simply turning off her camera, not deleting evidence.

Those pleading guilty included actress Shailene Woodley, star of the “Divergent” films, who livestreamed her arrest on Facebook. Her plea deal on a disorderly conduct charge called for no jail time.

Assistant State’s Attorney Brian Grosinger said some of those dismissed cases would be re-charged.

[SOURCE]

The FBI Likes Your Water Protectors Post Too: The Do’s and Don’ts

Protesters and law enforcement, including armored vehicles, converge at the front line of demonstrations on Highway 1806 in North Dakota. (Alan Berner/The Seattle Times)

The fight against Dakota Access is not over. Court battles continue, divestment efforts have pulled billions from the company, and resistance all over Turtle Island is ongoing. But while we, water protectors, stand up for the future generations, a massive strategy by state and federal law enforcement seeks to repress and destroy us.

To date, more than 800 cases have been filed against water protectors in the state of North Dakota. Police are combing social media, additional charges are being filed, and grand juries continue to issue indictments.

Despite the attack dogs, mace, rubber bullets, Tasers, water and sound cannons, tear gas, pepper spray, concussion grenades, and dog kennels, our people remained strong. But we must protect ourselves, relatives. Please consider these simple actions to keep you and your fellow water protectors safe:

Don’ts

Do not create lists of water protectors, do “shout outs” for water protectors or “tag” water protectors from direct actions

As great as it is to share memories from the frontlines and remind ourselves of the amazing people we met at camp, law enforcement wants to know who our networks are also. A quick moment of recognition is not worth the scrutiny of federal and state agents.

Compiling a list of water protectors makes the job of law enforcement easier, and can get into consent issues. Regardless of whether we are already on a list somewhere, we shouldn’t put ourselves and others at any unnecessary risk.

Do not spread gossip or rumors

Divide and conquer is an old tactic, and one that can be highly effective. Remember our common goal, despite our differences.

Do not tell others about your arrest prior to being in handcuffs

What happened leading up to your arrest is the part most interesting to prosecutors. They want to build a case against you, to get details that will lead to a conviction.

Do not believe law enforcement can get you out of trouble

Law enforcement does not have to tell you the truth. They are looking for information to hand to a prosecutor building their case.

Do not talk to anyone but your attorney about details of your case

Telling friends, loved ones, fellow water protectors, etc. puts them at risk for receiving a subpoena from the court. Save it for your attorney!

Do’s

Do exercise your right to remain silent if approached by law enforcement of any kind

You have the constitutionally guaranteed right to remain silent. Once you assert this right, make sure you don’t break it – if you do, just restate it. Do not lie to law enforcement, that can get you in trouble. But always remember that law enforcement does not have to tell you the truth and you do not have to talk to them!

Do assume your social media is being monitored by law enforcement

That post about remembering the day you were arrested? Or the time you and your crew counted coup on DAPL security? Police see those posts, too. Protect yourself and others – think about how law enforcement would view your post before you post it!

Do put strong passwords on your phone, social media, email, etc. and use encrypted services like the Signal app or Riseup.net

Remember when your phone kept crashing at camp and you were pretty sure it kept being hacked? Better safe than sorry – do what you can to protect your personal information by using strong password (capital letter, lowercase letter, a number and a symbol) and applications that are encrypted.

Do contact legal support if you do not have an attorney yet

A court support team is working around the clock to get attorneys connected to water protectors, tracking court dates, handling travel back to North Dakota for court, and logistics for upcoming trials. Please fill out the online form to reach the team here. Fill out a travel form if you need assistance getting to court here.

Do look up your court date if you are unsure

Check here, under “Search Calendar” to determine when your court date is. If you have questions, call the Morton County Clerk at (701) 667-3358.

Do contact the legal team if you are a criminal defense attorney who is interested in representing water protectors

We have a huge caseload and need additional criminal attorneys to ensure representation of the water protectors who stood up for Mother Earth. Please contact us here.

If you’re a water protector and in need of legal advice, please contact the Freshet Collective or the Water Protector Legal Collective.

by Tara Houska, Indian Country Media Network, April 17, 2017

[SOURCE]

How to Fight A Pipeline: Dakota Access Battle offers Blueprint for Protest

The tactics used in North Dakota — resistance camps, prominent use of social media, online fundraising — are now being used against several projects.

Staff – Red Power Media | April 08, 2017

Prolonged protests in North Dakota have failed to stop the flow of oil through the Dakota Access pipeline, at least for now, but they have provided inspiration and a blueprint for protests against pipelines in other states.

The months of demonstrations that sought to halt the four-state pipeline have largely died off with the February clearing of the main protest camp and the completion of the pipeline, which will soon be moving oil from North Dakota to a distribution point in Illinois.

Four Sioux tribes are still suing to try to halt the project, which they say threatens their water supply, cultural sites and religious rights. But they’ve faced a string of setbacks in court since U.S. President Donald Trump moved into the White House.

Despite the setbacks, Dakota Access protest organizers don’t view their efforts as wasted. They say the protests helped raise awareness nationwide about their broader push for cleaner energy and greater respect for the rights of indigenous people.

“The opportunity to build awareness started at Standing Rock and it’s spreading out to other areas of the United States,” said Dave Archambault, the chairman of the Standing Rock Sioux tribe, which has led the legal push to shut down the pipeline project.

As protesters left the area in southern North Dakota where the Dakota Access pipeline crosses under a Missouri River reservoir that serves as the tribes’ water supply, organizers called on them to take the fight to other parts of the country where pipelines are in the works.

The tactics used in North Dakota — resistance camps, prominent use of social media, online fundraising — are now being used against several projects. They include the Sabal Trail pipeline that will move natural gas from Alabama to Florida; the Trans-Pecos natural gas pipeline in Texas; the Diamond pipeline that will carry oil from Oklahoma to Tennessee; and the Atlantic Sunrise pipeline that will move natural gas from Pennsylvania to Virginia.

They’re also being used against projects that are still in the planning stages, including the proposed Pilgrim oil pipeline in New York and New Jersey and the proposed Bayou Bridge Pipeline in Louisiana.

Dakota Access opponents have also vowed to fight against the resurgent Keystone XL pipeline, which would move crude oil from Canada to Nebraska and on to Texas Gulf Coast refineries.

“A big part of our message was not just to nationalize the fight against Dakota Access, but to highlight regional issues that people are facing,” said Dallas Goldtooth, an organizer with the Indigenous Environmental Network. “To use our momentum.”

The influence of the Dakota Access protest is evident in various forms. For example, some who protested in North Dakota have gone to Texas and Florida to help with those demonstrations, according to Goldtooth. The Red Warrior Society, a pipeline protest group that advocated aggressive tactics in North Dakota, is promoting resistance in other states via social media.

There are nearly a dozen accounts on the GoFundMe crowdfunding site seeking money to battle the Sabal Trail and Trans-Pecos pipelines. The Society of Native Nations, which is fighting the Trans-Pecos, used the protest camp model from North Dakota to set up a camp in Texas, according to Executive Director Frankie Orona.

“I really believe this momentum is going to stay alive,” said Orona. “Standing Rock was the focal point, was the root of this movement. If we learned anything from Standing Rock, it’s the power of unity. It wasn’t one (tribal) nation — it was more than 400.”

Hundreds, and sometimes thousands, of Dakota Access opponents congregated at the main protest camp for half a year, often clashing with police to draw attention to their cause. More than 750 people were arrested between early August and late February, when the camp was closed in advance of spring flooding season.

The prolonged protest garnered widespread and consistent attention on social media, and it has filtered down, to some degree, to the pipeline protests elsewhere. That has elevated activists’ concerns from local demonstrations to a national stage, according to Brian Hosmer, an associate professor of Western American history at the University of Tulsa.

“Social media makes it more difficult to shut off the camera,” he said. “In some way, they’re their own reporters and they don’t need the networks to report it. Social media connects the tribe; it now connects all of these separate groups.”

For now, the energy industry and its allies say they’re unconcerned.

The Dakota Access movement wrote the new playbook for pipeline opponents, but it might be less effective under Trump, said Craig Stevens, spokesman for the MAIN Coalition, a group of agriculture, business and labour entities that long spoke in favour of the pipeline. Trump approved its completion shortly after taking office and he has taken other steps favourable to the fossil fuel industry while rolling back Obama-era environmental protections.

U.S. Rep. Kevin Cramer, a North Dakota Republican who has advised Trump on energy issues, said pipeline developers have learned to prepare for resistance, and he thinks the anti-pipeline movement will fade if protesters fail to achieve their goals and get discouraged.

Juliana Schwartz, senior campaigner for Change.org, which helps people and groups advance causes, disagrees, saying the environmental protest movement appears to be strong. A “people against pipelines” page on the group’s website recently listed 16 petitions related to energy projects — mostly pipelines — in more than half a dozen states, with nearly 725,000 supporters.

“The broader movement to stop resource extraction has taken inspiration from (Dakota Access),” Schwartz said. “I think we can expect to see this trend continue as more and more communities feel that their safety and health is under threat due to the president’s support of the fossil fuel industry over marginalized communities.”

Article written by Blake Nicholson, published in the Associated Press, on April 2, 2017

Contributing to this story were Associated Press writers Justin Juozapavicius in Tulsa, Oklahoma; David Warren in Dallas; Dave Kolpack in Fargo, North Dakota; and Ken Miller in Oklahoma City.

[SOURCE]

U.N. Investigator: Native American Rights Violated by DAPL Law Enforcement

Victoria Tauli-Corpuz visited Dakota Access protest camps in Morton County.

Tauli-Corpuz is the U.N.’s special investigator on the rights of indigenous peoples.

She says authorities used unnecessary force and that the reports of the cleanup in the county have been blown out of proportion.

She also says the Standing Rock Sioux tribe was not consulted on major issues.

Gov. Burgum says the state is focused on maintaining peace, protecting the environment and restoring a good relationship with the tribe.

Tauli-Corpuz’s report will be given in September to the U.N. Human Rights Council.

[SOURCE]

Dakota Access Pipeline Protesters Regroup, Plot Resistance To Other Pipelines

Protesters march along the pipeline route during a protest against the Dakota Access pipeline near the Standing Rock Indian Reservation in St. Anthony, North Dakota, U.S. November 11, 2016. REUTERS/Stephanie Keith

Protesters march along the pipeline route during a protest against the Dakota Access pipeline near the Standing Rock Indian Reservation in St. Anthony, North Dakota, U.S. November 11, 2016. REUTERS/Stephanie Keith

Native Americans hope their fight against Dakota Access will spur similar protests targeting pipelines across the United States and Canada

  • By Terray Sylvester | Reuters, Feb 26, 2017

CANNON BALL, N.D. – Opponents of the Dakota Access Pipeline who were pushed out of their protest camp this week have vowed to keep up efforts to stop the multibillion-dollar project and take the fight to other pipelines as well.

The Oceti Sakowin camp in Cannon Ball, North Dakota, was cleared by law enforcement on Thursday and almost 50 people, many of them , were arrested.

The number of demonstrators had dwindled from the thousands who poured into the camp starting in August to oppose the pipeline that critics say threatens the water resources and sacred land of the Standing Rock Sioux Tribe. The tribe has said it intends to fight the pipeline in court.

The 1,170-mile (1,885 km) line, built by Energy Transfer Partners LP, will move crude from the shale oilfields of North Dakota to Illinois en route to the Gulf of Mexico, where many U.S. refineries are located.

Tonya Olsen, 46, an Ihanktonwan Sioux from Sioux Falls, South Dakota, who had lived at the camp for 3-1/2 months, said she was saddened by the eviction but proud of the protesters.

She has moved to another nearby camp on Standing Rock Sioux Tribe reservation land, across the Cannon Ball River.

“A lot of people will take what they’ve learned from this movement and take it to another one,” Olsen said. She may join a protest if one forms against the Keystone XL pipeline near the Lower Brulé Sioux Reservation in South Dakota, she added.

Tom Goldtooth, a protest leader and executive director of the Indigenous Environmental Network, said the demonstrators’ hearts were not defeated.

“The closing of the camp is not the end of a movement or fight, it is a new beginning,” Goldtooth said in a statement on Thursday. “They cannot extinguish the fire that Standing Rock started.”

Many hope their fight against the project will spur similar protests targeting pipelines across the United States and Canada, particularly those routed near Native American land.

“The embers are going to be carried all over the place,” said Forest Borie, 34, a protester from Tijuana, Mexico, who spent four months in North Dakota.

“This is going to be a revolutionary year,” he added.

NEXT TARGETS

Borie wants to go next to Canada to help the Unist’ot’en Native American Tribe in their long-running opposition to pipelines in British Columbia.

Energy Transfer Partners, the Dallas-based company constructing the Dakota Access pipeline, is already facing pushback from a diverse base of opposition in Louisiana, where it is planning to expand its Bayou Bridge pipeline.

Other projects mentioned by protesters as possible next stops include the Sabal Trail pipeline being built to transport natural gas from eastern Alabama to central Florida, and Energy Transfer Partners’ Trans-Pecos in West Texas. Sabal Trail is a joint project of Spectra Energy Corp, NextEra Energy Inc and Duke Energy Corp.

Another protest is focused on Plains All American Pipeline’s Diamond Pipeline, which will run from Cushing, Oklahoma, to Valero Energy Corp’s Memphis refinery in Tennessee.

Anthony Gazotti, 47, from Denver, said he will stay on reservation land until he is forced out. Despite construction resuming on the Dakota pipeline, he said the protest was a success because it had raised awareness of pipeline issues nationwide.

“It’s never been about just stopping that pipeline,” he said.

June Sapiel, a 47-year-old member of the Penobscot Tribe in Penobscot, Maine, also rejected the idea that the protesters in North Dakota had failed.

“It’s waking people up,” she said in front of a friend’s yurt where she has been staying. “We’re going to go out there and just keep doing it.”

[SOURCE]