Efforts to Keep Enbridge Pipeline Off Reservation
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TRIBAL LAWSUIT EXPANDS IN ALBERTA CLIPPER PIPELINE CASE: IS ENBRIDGE IGNORING ‘HUGE’ FINANCIAL RISK

Contact Information:
Marty Cobenais
Indigenous Environmental Network
(218) 751-4967
(218) 760-0284 (cell)
martyc@ienearth.org

On Thursday, October 8, 2009, Leech Lake Tribal Members, known as IN ZHA WEN DUN AKI, are leading the resistance against the “Alberta Clipper and Southern Diluents Pipelines” filed a motion in Leech Lake Tribal Court to include the Leech Lake Reservation Business Committee (RBC) and the Minnesota Chippewa Tribe.

We believe this will go before tribal court with the next month. “We believe at that time the Leech Lake Tribal Court will rule against all the named parties, recognizing that a grave injustice has been done and allow the valid petitions and a referendum vote to be admitted.” Says Marty Cobenais, IEN Pipeline Organizer.

Should the court agree with the plaintiff’s, Enbridge will have to stop construction of the entire route, as the FEIS, PUC ruling, and the Presidential Permit would no longer be valid, and would have to remove any new pipes within the Leech Lake Reservation boundaries that were placed in the ground at their own cost.

“Enbridge arrogantly believes that their money and legal power will allow them to bypass the tribes sovereignty; but they are taking a huge financial risk by continuing to work within the boundaries of the reservation at this time, as the lawsuit was started and was heard in the Leech Lake Tribal Court prior to the starting of construction of the pipelines”, Cobenais continued.

The tribal members are still opposing the construction of the “Alberta Clipper and Southern Diluent pipelines” that are currently being constructed within the boundaries of the Leech Lake Reservation. According to the Treaty of 1855, that formed the Leech Lake Reservation, and as defined by the U.S. Congress “Indian Country” runs from boundary to boundary regardless of who actually owns the land.

Background:

On September 18, 2009, the Leech Lake RBC denied to certify the 693 signatures on petitions that sought for the Leech Lake RBC to rescind and a second petition calling for a referendum vote to be allowed for the Leech Lake tribal members to decide on Resolution 2009-170. The resolution that was enacted on May 14, 2009, is the agreement between the Leech Lake RBC and Enbridge Energy L.P. that allows the two pipelines to be built and a right-of-way extension of the 4 current pipelines for another 20 years. The oldest of these pipes were put in the ground in 1949, which have laid on the bottom of Cass Lake for 60 years.

The RBC vote was split with two members voting for the denial of the petitions, and two other members abstaining from voting on the matter. District One Representative Robbie Howe stated in the meeting “I don’t know what the findings are, and I didn’t get a copy of the petitions”.

Leech Lake District 3 Representative Eugene “Ribs” Whitebird made the motion to deny the certification of the petitions, seconded by District 2 Representative Lyman Losh. Their decision was based on a memo, dated September 17, 2009, from Nancy Whitebird, Enrollment Department Coordinator, and aunt to Eugene Whitebird. In Ms. Whitebird’s review of the 2 petitions she cited 15 irregularities; the majority of them were arbitrary in nature and were contrary to the MCT Constitution residency requirement. According to the MCT Constitution, the requirements for a valid petition are eligible voting tribal membership and residency within the boundaries of the Leech Lake Reservation.

The tribal members dispute the findings of the Leech Lake RBC and the certification process. They discovered during this process that there are no policies or procedures in the MCT Constitution that outlines how the referendum petition is suppose to work. There are rules and guidelines for a recall petition for the removal of a tribal official, but they didn’t apply to this situation.

The Minnesota Chippewa Tribe is comprised of 6 tribal governments that include the following northern Minnesota reservations; Leech Lake, Bois Forte, Mille Lacs, White Earth, Grand Portage, and Fond-du-Lac. All of these reservations are currently required to follow the Constitution and By-laws of the Minnesota Chippewa Tribe.

Native & Green Groups Challenge State Dept. Permit for Dirty Oil Pipeline

Alberta Clipper’ Would Bring Canadian Tar Sands Crude to U.S.

FOR IMMEDIATE RELEASE: September 3, 2009

Marty Cobenais, Indigenous Environmental Network, (218) 760-0284
CONTACT: Sarah Burt, Earthjustice, (510) 550-6755
Kristina Johnson, Sierra Club, (415) 977-5619
Chuck Laszewski, MCEA, (651) 223-5969

SAN FRANCISCO, Sept. 3 -- Native American and environmental groups filed suit in federal court today challenging a proposed tar sands oil pipeline that would bring the dirtiest oil on Earth from Canada to the United States.

The U.S. State Department’s approval on Aug. 20 of Enbridge Energy's Alberta Clipper pipeline permits 450,000 barrels of tar sands oil per day to be pumped from northern Alberta to Superior, Wis., for refining.

Tar sands oil is dirtier and, over its lifecycle, emits more global warming pollution than any other type of oil. Tar sands development in Alberta is creating an environmental catastrophe, with toxic tailings ponds so large they can be seen from space, and plans to strip away forests and peat lands of an area the size of Florida. (Photos at www.dirtyoilsands.org.)

The Indigenous Environmental Network, Minnesota Center for Environmental Advocacy, National Wildlife Federation and Sierra Club filed the suit in the U.S. District Court for Northern California. They are represented by the nonprofit law firm Earthjustice. (Download the complaint here: http://tinyurl.com/mrrm7z.)

"The Alberta Clipper will mean more air, water and global warming pollution, particularly in communities near refineries that process tar sands oil," said Earthjustice attorney Sarah Burt. "The State Department fails to show how building a pipeline to import the dirtiest oil on Earth is in our national interest.”

Kevin Reuther, legal director of the Minnesota Center for Environmental Advocacy, said there are too many unanswered questions to allow the pipeline to go forward.

“What happens when this dirty oil leaks and spills from the pipeline?” asked Reuther. “How much more global warming pollution will be emitted? How much more water will be polluted? How many more migratory birds will die? No one knows, because neither the state nor federal agencies responsible for protecting us have done their jobs.”

The Alberta Clipper is the latest of a massive network of tar sands pipelines up for approval by the State Department . The agency has been under pressure from Canadian Prime Minister Stephen Harper to allow the pipelines to go forward, despite the risks they pose to American communities, clean energy jobs, and national security.

"This project will lock our nation into a dirty energy infrastructure for decades to come," said Sierra Club Executive Director Carl Pope. "Instead of increasing our reliance on oil and piping in pollution, the State Department should support clean, American energy and the jobs that come with it."

Marty Cobenais of the Indigenous Environmental Network of Bemidji, Minn., said the State Department’s permit is invalid because the Leech Lake Band of Chippewa had not given its approval in a tribal referendum. “The voices and rights of the Leech Lake Band members are not being listened to by the Obama Administration,” said Cobenais.

"This pollution pipeline will increase our dependency on foreign fuels and accelerate the development of one of the dirtiest, most destructive fuels on the planet," said Joe Mendelson, director of global warming policy for the National Wildlife Federation. "We should be investing in clean energy technologies that will help solve the climate crisis."

BACKGROUND:

Global warming pollution from tar sands production is three times that of conventional crude oil and tar sands oil contains 11 times more sulfur and nickel, six times more nitrogen and five times more lead than conventional oil.

The Alberta Clipper pipeline would cross the border in Neche, N.D., and run for 384 miles through the Chippewa National Forest and the Leech Lake tribal lands in Minnesota before terminating in Superior, Wis. Construction would impact over 200 water bodies and would destroy more than 1,200 acres of upland forested lands, more than 650 acres of open lands, and more than 1,300 acres of wetlands.

By approving the pipeline, the State Department overlooks the serious environmental, climate, and human health impacts of tar sands oil. The decision is a departure from the Obama Administration’s commitment to a clean energy future.

Development of tar sands oil poses a threat to national security because it increases our dependence on foreign oil and contributes to climate change, a growing source of concern for security experts. [Click here to read. NYT http://tinyurl.com/nx2r45]

Proponents of the pipeline claim it will create jobs. The truth is that more and longer-lasting American jobs can be created by investments in clean energy sources like wind and solar power.

Leech Lake Tribal Court: Fight against Enbridge Alberta Clipper Can Continue — Presidential Permit Poses “Imminent Irreparable Harm” to Tribe

For Immediate Release: August 21, 2009
Contact: Tom Goldtooth Indigenous Environmental Network 218 760 0442
Marty Cobenais Indigenous Environmental Network (218) 760-0284


Cass Lake, MN: In a decision issued on August 19th, Leech Lake Tribal Court Judge BJ Jones declined an attempt by Enbridge LLC to keep members of the Leech Lake tribe from voting on Enbridge’s contract with the Leech Lake Council. The decision keeps alive a David versus Goliath lawsuit between members of the Leech Lake tribe and Enbridge LLC.

Last week, Leech Lake tribal members went to court to seek an injunction to revoke permission for Enbridge Energy Company to build its pipeline on Leech Lake Tribal land. While the court agreed with the tribal members on three of their five arguments, the court was unable to issue a temporary restraining order because Enbridge did not yet have its Presidential Permit nor Department of Interior approval of the rights of way and permits. The court concluded that, if the referendum was held and the contract with Enbridge was rejected by tribal members, the court would have the authority to revisit the question of a temporary restraining order, at that time. The court also stated that, if a Presidential Permit was issued and if the Bureau of Indian Affairs signed off on permitting the pipeline to cross allotment lands, this would provide the proof needed to demonstrate “irreparable harm was imminent” to tribal members.

Since the tribal court’s ruling was received the same day that the State Department granted Enbridge its Presidential Permit, tribal members now are considering their next steps, both in court and in the referendum process.

Elizabeth Sherman, Leech Lake Tribal Member and petitioner said, “This fight is not over, the Court showed that we have merit, standing and are fighting in the right jurisdiction, namely Leech Lake Tribal Court.”

One issue the court left unaddressed was tribal sovereignty. The court suggested that this can be reviewed, once the Leech Lake Tribal Council makes a decision on a referendum that would overturn its decision to accept the pipeline. Over 600 tribal signatures for a petition have been collected to show that this must be allowed.

Sherman stated, “We feel that the Leech Lake Tribal Attorney, in cooperation with Enbridge attorneys, has delayed making a decision on the referendum process on purpose.”

Yesterday, the Sierra Club, Earth Justice, Minnesota Center for Environmental Advocacy also issued statements that they will plan to file lawsuits against the State Department about its decision to approve the Alberta Clipper pipeline which will bring vast amounts of Canada’s high-carbon oil sands into the US. from Alberta, Canada.
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BACKGROUND:
Court Ruling:

The first legal issue argued was, do the Plaintiffs have standing to bring this action to court. In the written decision Judge BJ Jones states “The Court concludes that the Plaintiffs in this case do have standing as petition signers and Band Members, not as landowners, whose interests may be harmed by the actions of the Defendant”. (Enbridge LLC)

The second issue raised was, Does Leech Lake Tribal Court have Jurisdiction on this case?

Judge BJ Jones ruled that Leech Lake Tribal Court has Limited Jurisdiction on this case. In the written decision Judge BJ Jones states “The Court further concludes that this Court has some limited jurisdiction in this action to determine the effect of a pending referendum petition submitted to the Leech Lake RBC on the contractual rights of the Defendant (Enbridge LLC) to proceed with the pipeline project and that the contract between the RBC and the Defendant does not deprive this Court jurisdiction over this discreet issue.”

A third issue raised was if enough evidence was provided to show that irreparable harm was imminent. The court ruled that since the Secretary of State and the Bureau of Indian Affairs have not signed off on the pipeline [as of August 18], there is no immediate imminent danger to the lands. Therefore, the Court declined to issue a temporary restraining order.

The court did state “This case will not be dismissed at this time, however, because it does appear that this Court may have some limited jurisdiction on the referendum issue once, and if, that issue ever becomes ripe for resolution.”

Controversial Enbridge pipeline permit sparks criticism in Canada, U.S.

By CAROL CHRISTIAN
Today staff

The U.S. presidential permit granted Thursday for Enbridge's controversial Alberta Clipper pipeline has launched environmental protests on both sides of the border, with opponents vowing a legal challenge.

According to a coalition of environmental and Native American groups, the decision goes against U.S. President Barack Obama's promise to cut global warming pollution and America’s addition to oil while investing in clean energy.

The groups — Earthjustice and the Minnesota Center for Environmental Advocacy as well as the Canadian and American offices of the Sierra Club and the Indigenous Environmental Network — have vowed to challenge the decision in court.

In addition, the indigenous network based in Minnesota is looking into the validity of the permit, as it wasn't signed by Hillary Clinton, U.S. secretary of state, as required. Marty Cobenais of the network said it was signed by the deputy assistant director instead, and he wants to check its validity. Cobenais says the coalition, especially the Leech Lake Band, which stands to be the most affected by the pipeline, is in for a David and Goliath fight with a multibillion-dollar industry and the American government.

“This fight isn't even just about the pipeline. We're fighting this fight down here … because we're against the expansion of the (Alberta) tarsands also,” said Cobenais.

The $3.6-billion Alberta Clipper pipeline will carry oilsands product from Hardisty, Alta. It will extend 525 kilometres from the U.S.-Canadian border near Neche, N.D., across northern Minnesota to an Enbridge terminal in Superior, Wisc. The project also includes associated pumping and terminal stations. Scheduled to be up and running in 2010, the pipeline has an initial capacity of 450,000 barrels of heavy crude a day. A second pipeline, Southern Lights, will consist of a new 51-centimetre pipeline extending 307 kilometres from Superior, Wisc., to an Enbridge terminal in Clearbrook, Minn.

Meanwhile, Simon Dyer of the Alberta-based Pembina Institute said this morning that while his environmental think-tank has not taken a position on the decision, the opposition to to the pipeline is indicative of the growing movement in the U.S. to oilsands and its infrastructure going into the states.

A press release from the U.S. state department said the presidential permit was granted to Enbridge for the Alberta Clipper pipeline following work with all relevant agencies and parties and with extensive public and stakeholder participation and outreach. Many factors were taken into account for the approval, said the release, including greenhouse gas emissions. The U.S. administration believes the reduction of greenhouse gas emissions are best addressed through each country’s domestic policies and a strong international agreement. It said the government is taking “unprecedented steps” at home to transform the way the U.S. produces and consumes energy and that the state department will continue to work with the two countries to ensure both take action to address climate change.

Click here to read the rest of this article at Ft. McMurray Today

Enbridge Pipeline Map -Alberta Clipper

Enbridge Energy's Alberta Clipper pipeline would run from Hardisty, Alberta, to Superior, Wis. (MPR Graphic/Than Tibbetts)



Dirty Oil Sands Network:

An international network of environmental groups recently kicked off a campaign asking Clinton to stop the Alberta Clipper pipeline project. The groups launched a web site, http://www.dirtyoilsands.org/, ran newspaper ads, and sent emails asking citizens to weigh in. More than 20,000 people have written Clinton.

The tar sands project threatens the Great Lakes and would crisscross the Northern Plains and Native American reservations. Proposed pipelines would run through the Dakotas, Illinois, Kansas, Minnesota, Missouri, Montana, Nebraska, Oklahoma, Texas and Wisconsin. Farmers, ranchers, tribes and Midwestern landowners have all opposed the pipelines, citing risks of oil spills and water and air pollution. Despite the significant threats this project poses to our national interest and economy, to date no national department has ever reviewed the full scope or long-term impacts of creating a permanent continental-wide infrastructure to accept Canada's dirty oil sands. Instead, this decision has been left to local jurisdictions to review, pipeline by pipeline, refinery by refinery, permit by permit. www.dirtyoilsands.org

Indigenous Environmental Network

Leech Lake: The Leech Lake Court hearing was only the latest in a series of actions that tribal members have been participating in. They have long been concerned about a wide range of issues ranging from tribal sovereignty issues; to environmental and health concerns should oil spills occur (with recent oil spills on record ); and threats to America’s second largest bald eagle population, which nest on tribal land. They have held rallies and marches, succeeding in getting participation from many non-tribal member. Over 600 petitions were signed to seek a referendum to overturn Leech Lake Tribal council’s vote permitting the pipeline. Leech Lake tribal members and IEN also recently sent a letter to Sec. Clinton asking her to deny the permit for the Alberta Clipper pipeline and they have begun outreach to other D.C. based politicians and policy makers.

IEN is an Indigenous environmental justice network-grassroots organization, founded in 1990. We strive to empower Indigenous and First Nations communities to speak for themselves; to build community leadership and develop capacity and political knowledge to protect and maintain the health of communities and tribal nations. We do this through direct engagement of the community, recognizing existing strengths and resources, such as traditional indigenous knowledge, and building upon them to create positive and lasting systemic change. Indigenous peoples have a strong tradition and history of caring for the environment, are disproportionately affected by environmental health risks, and yet are largely ignored within the environmental and other social justice movements. IEN works to bring the essential voice of Indigenous Peoples to the table.
Say NO to Enbridge

Leech Lake Band members trying to keep Enbridge pipeline off reservation



St. Paul, Minn. (AP) — Some members of the Leech Lake Band of Ojibwe are trying to stop a planned oil pipeline from crossing their reservation in northern Minnesota.

Member Sandy Nichols said she's gathered signatures from nearly 1,000 members out of about 9,800 statewide to oppose the pipeline known as the Alberta Clipper, which is being built by Enbridge Energy Inc. The 1,000-mile pipeline will travel from in Alberta, Canada, to Superior, Wis.

The pipeline will carry oil extracted from Canada's oil sands, a process which environmentalists have long opposed because they say it uses too much energy and contributes to global warming.

However, the Leech Lake Tribal Council has already passed a resolution that says it plans to accept $10 million from the company and would grant permits and leases for the pipeline.

Nichols and the Bemidji-based Indigenous Environmental Network said despite the resolution, it's not too late to hold a referendum on the issue.

Tribal officials did not immediately return calls seeking comment.

The Minnesota Public Utilities Commission has approved the pipeline, though the Minnesota Center for Environmental Advocacy is challenging that decision in court.

The project expects a final federal Environmental Impact Statement to be published soon, which will allow any pending permits to move forward, said Enbridge spokeswoman Denise Hamsher.

Construction on the pipeline is slated to begin in midsummer, Hamsher said.

Photo Caption: Leech Lake tribal member Sandy Nichols tells Minnesota Capitol reporters that she fears pollution will follow the construction of two pipelines across northern Minnesota. With her are Marty Cobenais of the Indigenous Environmental Network (center) and American Indian activist Clyde Bellecourt. (Photo Credit: Don Davis / ddavis@forumcomm.com)

American Indians promise Enbridge pipeline fight

By: Don Davis , Forum Communications

ST. PAUL – Some American Indians have threatened to stop efforts to build a pair of northern Minnesota oil pipelines.

Click here to read the rest of the article


Leech Lake Tribal residents file petitions to Leech Lake RBC requiring a Referendum Vote against the signed agreement with Enbridge and files lawsuit against Enbridge in Leech Lake Tribal Court

NEWS RELEASE

For Immediate Release: July 23, 2009
Contact: Marty Cobenais, Indigenous Environmental Network, (218) 751-4967, (218) 760-0284 (cell), Email: martyc@ienearth.org

Bemidji, Minnesota – On July 22, 2009, the tribal grassroots environmental justice group, “IN ZHA WEN DUN AKI” in Ojibwe meaning “Loving Mother Earth” of the Leech Lake Ojibwe reservation filed two petitions to the Leech Lake Reservation Business Committee (RBC) concerning the Enbridge Alberta Clipper and Southern Diluent pipeline project. Enbridge, a Houston, Texas corporation is contracted by large oil companies to transport the “Dirty Tar Sands Oil”. The group is challenging the terms of an agreement with Enbridge that would allow construction of the Alberta Clipper and Southern Lights Diluent pipelines on tribal lands. The first petition asks that the Leech Lake RBC rescind the resolution ratifying the agreement with Enbridge. The second petition requests that the agreement be put to a referendum vote. The Leech Lake RBC is the governing body of the Leech Lake Indian reservation, located in Northern Minnesota.

According to the Minnesota Chippewa Tribe’s Constitution, under Article 13, the members of the reservation have a right to petition any enacted or proposed Resolution. The Leech Lake RBC passed Resolution #2009-170, on May 14, 2009, the resolution accepts the terms of an agreement with Enbridge Pipeline for the proposed “Alberta Clipper and Southern Diluent” pipelines that would grant Enbridge a 20-year lease for the pipelines for a price of 10 million dollars.

According to the Minnesota Chippewa Tribe’s Constitution, Article 14 Section 2 ” The RBC upon receipt of a petition signed by 20 percent of the resident voters of the reservation….. shall submit any enacted or proposed resolution or ordinance of the RBC to a referendum of the eligible voters of the RBC. The majority of the votes cast in such referendum shall be conclusive and binding on the RBC.”

Click here to read the rest of the press release

Rally Poster

WHEN: Wednesday, July 29, 2009
11 am - 6 pm
WHERE: Lake Bemidji Waterfront, Rotary Pavillion

Everyone interested in supporting this cause is welcome to attend. Native and non-native speakers and musicians will provide entertainment throughout the day. Please bring signs and banners to line the streets.

Click here to view, download and print poster (jpg - 8.5 x 14)

Click here to view, download and print poster (PDF - 8.5 x 14)

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