Tag Archives: Standing Rock

Judge dismisses defamation claim by Dakota Access protester

Photo by Rob Wilson.

BISMARCK, N.D. (AP) — A federal judge has dismissed part of a lawsuit by a New York City woman who was severely injured in an explosion while protesting the Dakota Access oil pipeline in North Dakota four years ago.

In a 54-page ruling issued Thursday, U.S. District Judge Daniel Traynor dismissed claims of defamation against law enforcement officials who made public statements blaming the woman for her own injury.

Sophia Wilansky, who was 21 at the time, suffered an arm injury in a violent November 2016 clash between protesters and police during the unsuccessful months-long protest in southern North Dakota against the pipeline.

Protesters allege the blast was caused by a concussion grenade thrown by officers, but law enforcement said it was caused by a propane canister that protesters rigged to explode.

Wilansky’s lawsuit filed two years ago also seeks millions of dollars for alleged excessive force, assault, negligence and emotional distress. Those parts of the lawsuit are still pending.

Traynor, who is based in Bismarck, sided with government attorneys who argued statements about news events released to the public by law officers as part of their official duties are entitled to immunity.

Government lawyers also argued that Wilansky’s father, Wayne, had given interviews to the news media giving her side of the story.

Attorneys for Sophia Wilansky did not immediately return telephone calls Monday.

Texas-based Energy Transfer Partners built the $3.8 billion Dakota Access pipeline to move oil from the Dakotas through Iowa to a shipping point in Illinois, which it began doing in June 2017.

Thousands of opponents gathered in southern North Dakota in 2016 and early 2017, camping on federal land and often clashing with police. Hundreds were arrested over six months.

The Standing Rock Sioux Tribe opposed the pipeline over fears it would harm cultural sites and the tribe’s Missouri River water supply — claims rejected by the company and the state.

By James MacPherson, Associated Press.

[SOURCE]

Indigenous Mexican farmers fight giant gas pipeline

  • TransCanada is building a gas pipeline in southern Mexico that’s threatening to cast indigenous communities off their land. But some are refusing to yield to the pressure to leave and are taking their fight to court.

Article originally published by DW.com

As Dona Maura Aparicio Torres finished planting her corn, she saw a man walking through her field. He trampled over her plants, took photographs and scribbled in a notebook as he approached her house.

A few days later, he was back. This time, he came with a demand that she give him the paperwork for her land. “We’re going to build a pipeline here,” he told her. That was in May 2017.

Two years earlier, the Canadian company TransCanada won the contract to build the Tuxpan-Tula pipeline, a 287-kilometer (178-mile) structure that will run across four states in southern Mexico to the Gulf of Mexico. The state energy authorities had approved the pipeline, as part of reforms begun under Mexico’s former president, Pena Nieto.

Much of the structure has already been built, apart from the final 90-kilometer stretch that runs through the village of Chila de Juarez and intersects the field where Torres grows corn and peanuts.

Resisting the state

“Our harvest is the most valuable thing we have,” says Torres, who was born into the Otomi indigenous community in Chila de Juarez. She still lives in the area with her husband and three children, in a house she bought from her mother-in-law. She sees no alternative but to stand up for what is hers.

“I don’t know where I would go if I lost my land,” she told DW.

A number of indigenous communities have joined forces to fight the pipeline. The sign here reads: ‘Say no to the gas pipeline. We’re an indigenous community and demand respect’

She is now part of a protest movement led and advised by a regional council of indigenous peoples in the states of Puebla and Hidalgo. The group was formed to share information and join forces in their claims against TransCanada.

Spokeswoman Oliveria Montes says a feeling of mistrust reigns — toward the company, the state and even neighbors.

“As soon as one person in the community sells their land, the neighbors thinks they have to sell theirs too,” she told DW.

Part of what the indigenous council does, she says, is to explain that people who are promised money to leave their land often never see a cent.

Torres received an offer of money on one of the many return visits she received from the man who had trampled her plants. When she asked him how much was on the table, he refused to name a figure. “We’ll resettle you,” he told her. “Where?” she asked. His response was another demand that she hand over the paperwork for her land. She refused.

He left his telephone number and a threat to build on the land whether she moved or not. She never called. And for the time being at least, she is still there.

A temporary reprieve

At the end of 2017, construction on the pipeline was paused following a complaint filed by the indigenous council. The case, which involves Chila de Juarez and four other communities, is now in court because before such a mega-project can be built the Mexican energy ministry must assess its impacts on the environment and residents.

While the ministry did produce such an impact report, the council questions its findings. According to Raymundo Espinoza Hernandez, a lawyer representing the council, 459 communities and 260,000 people would be affected by the construction, but the ministry assessment “only made mention of 11 communities,” he says.

TransCanada is also building other pipelines in Mexico, including the Tamazunchale pipeline extension (pictured) which runs through some of the country’s most mountainous terrain

When asked to comment, TransCanada said its subsidiary Transportadora de Gas Natural de la Huasteca (TGNH) was responsible for the Tuxpan-Tula pipeline. The same company that employs the man Torres found traipsing across her property.

TransCanada also said it knew nothing of appropriation of land in indigenous communities and does not support moving people off their land without prior consultation and consent. It concluded that it was ultimately up to the Mexican government to decide whether construction could proceed or not.

A charged atmosphere

TransCanada is under pressure. The company wants the pipeline to be up and running at the beginning of 2019. It’s part of a larger network that would eventually see natural gas flowing from Brownsville in Texas to Tuxpan and Tula in the heart of Mexico. And it’s already come under fire in the United States for the Keystone pipeline, which runs through Native American land.

So far, the delays on the pipeline as a result of resistance have pushed its costs up by a third to almost €347 million ($400 million) and Espinoza is worried that will have a negative impact on those standing in the way.

“They’ll play the communities off against each other,” the lawyer said. “If the company can’t continue with legal means, they’ll use violence to force their way into the communities.”

Torres shares his fears. “I’m afraid they’ll destroy me,” she said.

Dona Maura Aparicio Torres and her husband don’t want to leave their land nestled below the holy mountain of the Otomi people. They say they don’t know what they would do without it.

Immovable mountain

Her husband, Salvador Murcia Escalera stands among young peanut plants with a pick in his hand. He spent 14 years working as a hired hand on a plantation in California so he could send money back home. He returned when his wife called him to say her land was under threat.

“The land gives us everything,” says Torres. And she doesn’t want to see that taken away from her. She also worries that the holy mountain of the Otomi people could be blown apart to facilitate the pipeline, as has already happened in other communities.

She looks up at the mountain into which her land nestles. Legend has it that a young man called Margarito once climbed to the top, and was so tired on arrival that he laid down to sleep and never returned. The Otomi in Chila de Juarez worship him as a rain God, taking sheep, beans and corn to the mountain for him. Just like Margarito, Torres never wants to leave.

[SOURCE]

Red Fawn Fallis Sentenced to 57 months in Federal prison

Red Fawn Fallis

Red Fawn Fallis has been sentenced for her role in a shooting incident during the Dakota Access pipeline protests.

According to media reports, Fallis, 39, was sentenced Wednesday to four years and nine months in federal prison.

Fallis, a member of the Oglala Sioux tribe, was accused of firing a handgun three times while resisting arrest on Oct. 27, 2016. No one was hurt.

She pleaded guilty Jan. 22 to civil disorder and illegal possession of a gun by a convicted felon. Prosecutors agreed to drop another weapons charge.

Prosecutors were recommending seven years in prison, though U.S. District Judge Daniel Hovland could have gone as high as 15 years.

Fallis did not get credit for time served in a halfway house after she was arrested in January for violating her pretrial release agreement. Judge Hovland says he is recommending placement in Phoenix or Tucson, Ariz.

Fallis is also sentenced to three years of supervised probation after her release; including special conditions of drug and alcohol treatment and treatment for mental health issues.

The sentence can be appealed within 14 days of the judgement being signed.

Fallis’s arrest was one of 761 that authorities made during the height of the Dakota Access pipeline protests near Standing Rock, North Dakota in 2016 and 2017.

Canadian Indigenous Activist in North Dakota Court to face Standing Rock Charges

Kanahus Manuel is in a North Dakota court today to face charges after she participated in the Standing Rock protests last year. (Carrie Cervantes)

Kanahus Manuel was arrested near the construction of the North Dakota Access Pipeline Oct. 22

A Secwepemc activist from B.C. is in a North Dakota court today to face charges stemming from her involvement with protests in Standing Rock.

Kanahus Manuel was among dozens of people arrested near the construction of the North Dakota Access Pipeline last Oct. 22.

She faces charges of criminal trespass, engaging in a riot, obstruction of a governmental function, disobedience of a public safety order during riot conditions and disorderly conduct.

“They’re bogus charges. It wasn’t a riot,” Manuel told CBC via telephone after travelling to Mandan, ND from B.C.

“On the day I was arrested, it was during a prayer walk away from the pipeline.”

The sun was rising as the police began to make arrests, she said.

“It was really violent,” she said. “We had elders, women and pregnant women. It was a peaceful march, we were singing.

“The police started to mobilize…they came over the hill like a war movie. They looked like war machines to us as civilians having not ever seen these machines before. We started to retreat because they were overpowering us.”

Manuel spent the day and night in jail and was released the next day. Two weeks later, she plead not guilty to the charges against her.

“I believe that these are major human and Indigenous rights violations. Because when native people stand up to say ‘no’ to these development projects, whether it’s in Canada with the Kinder Morgan project or here with the North Dakota Access Pipeline, if we are really following international standards of the United Nations Declaration on the Rights of Indigenous People then these corporations and governments need the collective free, prior and informed consent of the Indigenous People, and they don’t have it. Indigenous People have said no.”

Facing charges

This isn’t the first time Manuel has faced criminal charges related to defending Indigenous rights.

In 2002 she was sentenced to three months in the Burnaby Women’s Institute for protesting the construction of the Sun Peaks Resort in her home territory, citing threats to traditional hunting grounds.

Manuel has also protested on the front lines against well-known development projects in B.C. like the Kinder Morgan pipeline expansion and the Mount Polley tailings spill disaster by Imperial Metals.

Manuel said she’s headed to the courthouse with a fearless attitude, carrying the prayers of her supporters and holding onto her faith in traditional ceremonies to help get her through.

“I’m going in with no fear. I’m not scared to speak the truth.”

She stressed she’s not alone, and hundreds more are going through similar struggles since the events at Standing Rock.

“There’s a lot of arrest warrants out, people on the run. It’s wrong — these are young people that are protecting their land and culture. Standing Rock wasn’t just about stopping a pipeline, it was about building a massive convergence of native people to bring back our culture and to stand up together.”

By Brandi Morin, CBC News Posted: Oct 03, 2017

[SOURCE]

 

Oil Giant Allegedly Hired International Counter-Terrorist Military Group to Fight Natives

Conor Varela Handley – Water protectors were under constant surveillance and harassment from the perimeters of their camps, day and night.

‘The Intercept’ posts internal memos by TigerSwan, an international counter-terrorist military group, allegedly hired by Energy Transfer Partners

May 29, 2017

The revelations posted by the investigative-news website The Intercept on Saturday May 27 did not come as much of a surprise to water protectors who spent time on the front lines or at the camps near Standing Rock in opposition to the Dakota Access Pipeline (DAPL). In fact the allegations of intense surveillance by private contractor TigerSwan, as if water protectors were terroristic jihadists rather than peaceful, prayerful protesters upholding the right to clean water, validated the experience of those people on the ground last summer and fall.

“While in the #OcetiSakowin camps, we knew that these counter intelligence and movement disruption tactics were being used,” said Dallas Goldtooth, the Keep It in the Ground organizer for the Indigenous Environmental Network, in a statement on Facebook. “Our devices would stop working for periods of time, hard drives would be cleared of information and footage, and from time to time camp security would identify infiltrators inside the camp who were working for Energy Transfer Partners.”

Over the course of the months-long protest, thousands of people descended upon land adjacent to the Standing Rock Sioux reservation to express their support for a change in route for the DAPL so that it would not pass within a half mile of the reservation or be routed through treaty land. Met with militarized police and private security forces, they were beset by dogs, shot with water cannons in subfreezing temperatures, and bombarded by rubber bullets and concussion grenades, some of which resulted in severe injuries.

Now, based on an exhaustive review of hundreds of documents, e-mails and reports, The Intercept alleges that TigerSwan, a private security company hired by DAPL builder Energy Transfer Partners, worked closely with authorities in several states, as well as the Federal Bureau of Investigation (FBI) and other agencies, to pursue ETP’s corporate agenda. Their goal was to not only stifle opposition but also infiltrate and discredit the movement, terming it dangerously religious.

“The leaked materials not only highlight TigerSwan’s militaristic approach to protecting its client’s interests but also the company’s profit-driven imperative to portray the nonviolent water protector movement as unpredictable and menacing enough to justify the continued need for extraordinary security measures,” reported Alleen Brown, Will Parrish and Alice Speri in The Intercept. The site alleges that internal TigerSwan documents were sent by a whistleblower. The trove of internal memos includes “detailed summaries of the previous day’s surveillance targeting pipeline opponents, intelligence on upcoming protests, and information harvested from social media. The documents also provide extensive evidence of aerial surveillance and radio eavesdropping, as well as infiltration of camps and activist circles.”

TigerSwan did not respond to requests for comment from ICMN. Energy Transfer Partners issued a terse statement to a request for a response.

“The safety of our employees and the communities in which we live and work is our top priority,” wrote ETP spokesperson Vicki Granado in a statement e-mailed to ICMN. “In order to ensure that, we do have security plans in place, and we do communicate with law enforcement agencies as appropriate. Beyond that we do not discuss details of our security efforts.”

Below are ten of the most shocking allegations from The Intercept, a website founded in 2013 by journalists Glenn Greenwald, Laura Poitras and Jeremy Scahill, after they helped bring forth disclosures by Edward Snowden, the National Security Administration (NSA) whistleblower, of extensive surveillance of individuals across the U.S. The Intercept’s full report contains much more, including links to downloadable originals of several of the documents cited. In addition, the story says, more coverage is in the works.

TigerSwan portrayed NoDAPL as a religious movement, akin to a jihad.

According to The Intercept, TigerSwan went so far as to compare water protectors with fundamentalist Muslims, calling the movement “an ideologically driven insurgency with a strong religious component” and alluding to Iraq and Afghanistan in terms of tactics.

TigerSwan worked against the water protectors as if they were jihadists.

Although the water protectors were unarmed, TigerSwan used tactics more often deployed against suicide bombers and violent protesters. TigerSwan infiltrated the water protectors’ ranks, trolled social media accounts for information and conducted helicopter and drone surveillance of activity far from DAPL construction sites.

People of Middle Eastern descent at the camps were identified and tracked closely as potential links to international terrorism.

TigerSwan, according to documents obtained by The Intercept, paid special attention to water protectors of Middle Eastern descent, in particular Haithem El-Zabri, a Palestinian-American activist.

“As indigenous people, Palestinians stand in solidarity with other indigenous people and their right to land, water, and sovereignty,” a shocked El-Zabri told The Intercept. “To insinuate that our assumed faith is a red flag for terrorist tactics is another example of willful ignorance and the establishment’s continued attempts to criminalize nonviolent protest and justify violence against it.”

They shadowed people of interest, from water protectors to at least one reporter.

An inkling of this seeped out when The Guardian reported earlier this year that counterterrorism experts had attempted to contact water protectors long after they had left Standing Rock. Upon reading The Intercept’s report, water protector Kandi Mossett, also of the Indigenous Environmental Network, posted photos of an alleged bugging device that had been found in a room of the Prairie Knights Hotel and Casino on the Standing Rock Sioux reservation, where many water protectors were housed. TigerSwan was especially interested in activist Cody Hall, who was shadowed constantly and was the subject of much communication, according to the documents obtained and posted by The Intercept. And it was not lost on him.

“It was obvious—they were driving in trucks, SUVs, they would be right behind me, right next to me … it was like, damn, man, it’s like you’re getting an escort,” said Hall to The Intercept. “That was always the scary thing: How did they know that I was coming?”

The intense surveillance continued even after Hall’s September arrest and release on bail.

“In a deliberate show of force, four units surrounded my car. Each car had three to four officers to take me into custody,” Hall said in a statement last fall after spending a weekend in jail. “Their intimidation tactics continued when we arrived at the Morton County Jail. Eight officers were waiting for me when the elevator door opened.”

Security forces had infiltrators working for them.

Infiltrators, allegedly using fake names, were reported as trying to gain trust and insinuate themselves into positions of influence at the camps. The documents convey the sense that these agents reported back to TigerSwan regularly. One October 3 TigerSwan dispatch discusses ways to pit camp residents against one another along classic lines: native versus non-natives and protectors campaigning for peaceful action against those arguing for more aggressive actions. All such infiltrations were a part of “our effort to delegitimize the anti-DAPL movement.”

The effort extended beyond the water protector camps at Standing Rock, with monitoring of activity in all four states that the pipeline passes through.

The security contractor planted fake social media pushback on social media accounts.

As the U.S. was consumed by reports of “fake news,” TigerSwan put out some of its own, planting fake assertions on social media.

In keeping with the religious theme, TigerSwan saw the dispersal of the protectors as a diaspora that needs to be tracked and contained.

TigerSwan said the water protector movement had “generally followed the jihadist insurgency model while active,” and predicted that “we can expect the individuals who fought for and supported it to follow a post-insurgency model after its collapse.”

They think the NoDAPL movement has imploded, and that they were responsible.

“While we can expect to see the continued spread of the anti-DAPL diaspora … aggressive intelligence preparation of the battlefield and active coordination between intelligence and security elements are now a proven method of defeating pipeline insurgencies,” TigerSwan said in a memo quoted by The Intercept.

They refer to the water protector camps and associated movements in militaristic terms and display an unnerving level of hostility.

TigerSwan terms the camps “the battlespace” and characterizes the water protectors’ actions at DAPL construction sites as criminal and a national security threat.

They are still at it.

Even though the camps have dissipated, surveillance was still intense. As recently as May 4 an alleged internal memo “describes an effort to amass digital and ground intelligence,” The Intercept revealed.

Such revelations only corroborated the water protectors’ experience.

“Now the evidence of this is coming to bear,” said Goldtooth in his Facebook statement. “This proof also tells us more about the militarization of the police and the violence they imposed on Water Protectors. By comparing Indigenous Peoples and civilians to Jihadist Terrorists, police and security were essentially given permission to carry out war-like tactics on Water Protectors—and perpetrate ongoing suppression of peaceful voices dedicated to the defense of water.”

[SOURCE]