Native American Tribes Suing to Invalidate Keystone XL Pipeline Permit

UPDATE — September 12, 2018: In a fresh bid to stop the Keystone XL pipeline, two Native American communities are suing the Trump administration, saying it failed to adhere to historical treaty boundaries and circumvented environmental impact analysis.

On that basis, the tribes are asking a federal judge in Montana to rescind the 2017 permit and block any further construction or use of the controversial pipeline.

The tribes' attorneys, the Native American Rights Fund, said in a statement on Monday that there had been no change to the permit application — which had been denied twice before — before the Trump administration granted it:

"There was no analysis of trust obligations, no analysis of treaty rights, no analysis of the potential impact on hunting and fishing rights, no analysis of potential impacts on the Rosebud Sioux Tribe's unique water system, no analysis of the potential impact of spills on tribal citizens, and no analysis of the potential impact on cultural sites in the path of the pipeline, which is in violation of the National Environmental Policy Act, and the National Historic Preservation Act."

Read Countable's original story from August 17, 2018 below.

The story

A federal judge in Montana on Wednesday ordered the State Department to do a full environmental review of a revised route for the Keystone XL crude oil pipeline, a move that could delay the project.

After the pipeline was rerouted to avoid environmentally sensitive areas in Nebraska, the Indigenous Environmental Network and other groups sued, successfully arguing that the changed route required a new environmental impact assessment.

Background

This ruling constitutes another setback to Canada’s oil industry, which has been trying for years to build a major pipeline to transport oil from Alberta to refineries along the U.S. Gulf Coast, which are built to handle the kind of heavy crude oil that comes out of Canada’s tar sands. OilPrice.com notes:

“The industry has been frustrated at every turn, with pipelines aiming east, west and south all delayed or derailed.”

Debate

Opponents have warned that the pipelines could endanger many animals and their habitats in the U.S. and Canada through the infrastructure’s construction, maintenance, and possible failures that could lead to an oil spill.

Many climate activists have opposed pipelines in general on the suspicion that they may increase reliance on fossil fuels, and further delay investment in cleaner alternatives.

The State Department said in a 2014 assessment that the Keystone XL pipeline would have no additional impact on greenhouse gas emissions because the oil would be extracted from tar sands in Canada at the same rate regardless. The Environmental Protection Agency contested that finding, saying that extracting oil from tar sands generates more greenhouse gases than extracting oil through more conventional methods.

Opponents also say the pipeline could pose an immediate threat to the drinking water of nearby communities and may damage areas considered sacred by Native American tribes.

The State Department estimated that the Keystone XL pipeline would create 42,100 jobs over the one to two years of the pipeline’s construction and would create 50 permanent jobs.

Alternative may not be better

The alternative to a pipeline also presents concerns. In May 2018, nearly 200,000 barrels of crude per day were transported by rail from Canada to the U.S., nearly five times the quantity recorded in June 2016. If no pipeline is built, that number will almost certainly increase.

Using trains to transport oil to refineries in the U.S. poses a safety concern because explosions can occur, killing people and damaging habitats nearby.

Several high-profile incidents in recent years underscore that risk. For instance, the town of Lac-Mégantic in Canada sustained 47 deaths and major property damage in 2013 when a train transporting crude oil jumped the tracks near the center of town.

What do you think?

Do you support the Keystone XL pipeline? Why or why not? Hit Take Action to tell your reps what you think, then share your thoughts below.

—Sara E. Murphy

(Photo Credit: shannonpatrick17 / Creative Commons)