Episode Transcript
Transcripts are displayed as originally observed. Some content, including advertisements may have changed.
Use Ctrl + F to search
0:02
We're continuing our series today on
0:04
the increasing global criminalization
0:06
of protest. It's a
0:08
look at what's happening now
0:11
with the protest that the
0:13
fossil fuel industry, politicians and
0:15
police often cite
0:17
as the reason that we
0:19
need new laws against protest
0:21
in the United States. Standing
0:25
Rock. The protests on
0:27
the Standing Rock Sioux Indian Reservation in North
0:29
and South Dakota took place from April 2016
0:31
to February 2017. The
0:36
Standing Rock Sioux tribe and thousands
0:38
of allies protested against a project
0:40
called the Dakota Access Pipeline or
0:43
DAPL, a 1,172 mile long pipeline
0:45
running from the Bakken oil
0:50
fields in western North Dakota to
0:53
southern Illinois, crossing the Missouri
0:56
and Mississippi rivers. Many
1:00
members of the Standing Rock tribe and
1:02
surrounding communities said the pipeline was a
1:04
serious threat to the region's drinking water.
1:08
The construction also directly threatened
1:10
burial grounds and cultural sites
1:12
of historic importance. Although you'll
1:14
hear in this episode that
1:16
both the company in charge of the
1:18
project, Energy Transfer, and
1:20
the U.S. government have at various
1:22
times claimed otherwise. The
1:26
DAPL fight has been a real roller
1:28
coaster, and it might surprise some of
1:30
you to hear that despite
1:32
the fact that construction on the pipeline
1:35
was completed in April 2017, the
1:39
Army Corps of Engineers only just
1:41
this year, in September 2023,
1:43
six years later, released
1:48
its Environmental Impact Statement, or
1:50
EIS, on the project. You
1:54
might remember that back in 2016, December 2016
1:56
to be exact, The
2:00
Army Corps of Engineers announced that they
2:02
would deny the easement to drill
2:04
under the Missouri River and
2:07
would conduct an EIS. Energy
2:10
transfer criticized the Obama administration
2:12
when that came out, calling
2:15
it political interference, and saying that
2:17
further delay in the consideration of
2:19
this case would add millions of
2:22
dollars more each month in costs
2:24
that could not be recovered. When
2:27
former President Trump took office just
2:30
a month later in January 2017,
2:32
he issued an executive order overturning
2:35
everything that the Army Corps had
2:37
said, and lifting all blocks
2:40
to pipeline construction. The
2:42
tribe sued, and in 2020 a
2:44
U.S. federal judge ruled with them.
2:47
They said the government had
2:49
not studied the pipeline's effects
2:51
on the quality of the
2:53
human environment enough. They
2:55
ordered the Army Corps of Engineers to
2:57
go ahead with its Environmental Impact Review.
3:00
There was a lot of legal back
3:02
and forth after that, but ultimately all
3:04
the courts agreed on the need for
3:06
an environmental review. That includes the Supreme
3:08
Court. Despite all of
3:10
those rulings, the pipeline has
3:12
remained operational this whole time, transporting
3:15
over 500,000 barrels per day. After
3:23
it released the draft EIS in
3:25
September this year, the Army Corps
3:28
of Engineers scheduled a public hearing
3:30
on it in Bismarck, North Dakota
3:32
in November. Our
3:34
senior editor for this series, Allie
3:36
Brown, who's been reporting on Standing
3:39
Rock and BAPL since 2016, was
3:41
there to hear what everyone had to say. Today
3:44
she brings us that story, and
3:47
also a look at the impact
3:49
that anti-protest tactics used to shut
3:51
down what was happening at Standing
3:54
Rock, and lots of other
3:56
protocols since then, have had on communities.
4:00
whether we should start to think about
4:02
those impacts as part of an environmental
4:04
impact as well, particularly when
4:06
we're looking at indigenous communities
4:09
for whom these tactics
4:11
really trigger historical generational
4:13
trauma. The public
4:15
comment period for this environmental impact statement
4:18
closes next week, December 13th, 2023. Welcome
4:23
back to Drilled, the real
4:25
free speech thread. I'm
4:28
Amy Westervelt. After the break, Aline Brown
4:30
takes us to North Dakota. Hey,
4:33
it's Amy. If
4:41
you're curious to hear what
4:43
businesses and organizations are doing
4:46
and what more they should
4:48
do to confront climate change,
4:50
I recommend the award-winning podcast
4:53
Climate Rising, produced by
4:55
Harvard Business School. Named one
4:57
of the best environmental podcasts by
4:59
earth.org, Climate Rising gives you a
5:01
behind-the-scenes view into how some of
5:04
the world's business leaders are confronting
5:06
climate change, including go-to brands like
5:08
Microsoft and Google. If you need
5:10
a place to start, definitely
5:12
check out a recent episode featuring Ashley
5:14
Orgain, chief impact officer from Seventh
5:17
Generation. They're the folks that make
5:19
everything from recycled napkins and paper
5:21
towels to dish soap, all sorts
5:23
of home service products. In
5:26
that episode, Ashley discusses ambitious
5:28
plans to achieve a real
5:30
zero, not net zero, climate
5:33
goal. Each episode explores the many
5:35
challenges and opportunities that climate change
5:37
presents to innovators and entrepreneurs, and
5:39
how businesses across the world are
5:42
striving to make a more positive
5:44
impact on the planet. Go
5:46
listen to Climate Rising on Apple,
5:48
Spotify, or wherever you get your
5:50
podcasts. And tell them we sent you. If
6:04
you are banking with most banks,
6:07
they are loaning out your deposits
6:09
to fund fossil fuel projects. Yeah,
6:11
that's right. A little known fact,
6:14
but that means
6:16
that one pretty straightforward, easy thing
6:18
to do to remove your support
6:20
from the expansion of fossil fuel
6:22
projects is to move your bank
6:24
account. That's where Atmos
6:27
comes in. Atmos is a
6:29
fintech offering that provides checking
6:31
and savings accounts as well
6:33
as residential solar loans for
6:35
people looking to align their money
6:37
with their values on climate. All
6:42
funds go towards shifting massive amounts
6:44
of capital to climate infrastructure. Currently
6:48
Atmos supports utility scale and residential
6:50
solar. It has also
6:52
created a climate positive ecosystem
6:54
with cashback partners, nonprofit
6:56
support and deposits. There
6:59
are no account fees or minimums. It's
7:03
FDIC insured up to $250,000 and you get 5% cash back
7:05
on sustainable loans. Atmos
7:11
aims to shift money away from
7:13
activities that directly harm the planet
7:16
and towards those that help preserve it.
7:19
Their pledge is to only lend to sectors
7:21
that help to rapidly accelerate the transition toward
7:23
a clean, fair and
7:25
transformed economy. So
7:28
if you want to bank with a company
7:30
that is supporting a carbon free future,
7:32
head to Atmos. Head
7:36
to joinatmos.com.
7:39
That's joinatmos.com.
7:56
If you ever got the sense that there's
7:58
someone watching you. Actually,
8:00
they are. If
8:02
you're online, that's right. Every
8:05
single day, there is someone watching you,
8:07
and you're actually paying them to spy
8:10
on you. That person is your internet
8:12
service provider, you know, the company you
8:14
pay for your internet. Every
8:16
website you've visited, what you've clicked on
8:19
there, how much time you've spent, what
8:21
you've read, they are collecting data on
8:23
that. That's why
8:25
I use ExpressVPN anytime I go
8:28
online. If you use the internet,
8:30
ExpressVPN is an app you need to
8:33
be using. In the US, internet service
8:35
providers are legally allowed to sell all
8:38
of their users' browsing
8:40
activity to advertisers. It's
8:43
not just them either. Your network
8:45
admin, whether it's at your school,
8:47
workplace, parents, whatever, they can
8:49
see everything you click on. But
8:51
with ExpressVPN, 100% of your traffic is
8:54
rerouted through an encrypted server,
8:57
so no one can see a thing. And
8:59
it's extremely easy to use. I have it
9:02
running on absolutely everything. I install it anytime
9:04
I get a new device. It takes two
9:06
minutes, and then it's just taking care of
9:08
things in the background and giving me peace
9:10
of mind. So stop letting
9:13
people invade your privacy. Right
9:15
now, get three extra months
9:17
of ExpressVPN for free when
9:21
you go
9:23
to expressvpn.com/drilled.
9:26
That's e-x-p-r-e-s-s-v-p-n.com/drilled.
9:31
expressvpn.com/drilled to learn
9:34
more. I
9:47
know, I was just gonna say the same thing. True.
9:51
I'm in North Dakota, on a hill
9:53
overlooking the Cannonball River. I'm
9:56
surrounded by rolling land dusted
9:58
with snow, under a gray
10:00
sky. This land
10:02
is unseated treaty territory, meaning
10:05
it was never given up or seeded
10:07
by the Ochchatee Shaquan people that have
10:09
lived here for generations. I'm
10:12
standing with a handful of water protectors from
10:14
the tribal nation of Standing Rock over
10:17
a small fire. Army
10:19
Corps of Engineers is doing what they call
10:22
corralling. So it's gonna be a single line
10:24
in and they're gonna
10:26
corrallis end. There's gonna be booths with
10:28
curtains and a stenographer and
10:30
a mic. It's not gonna be like your typical hearing
10:32
that we're used to. Today,
10:35
water protectors are being invited by the
10:37
U.S. Army Corps of Engineers to
10:39
a public hearing to share their comments on
10:41
the draft environmental impact statement for
10:44
the Dakota Access Pipeline, known
10:46
as DAPL. The pipeline
10:49
has been operating since 2017. And
10:53
then you make it as personal as possible.
10:56
You talk about how or where you grew
10:58
up and how the Missouri River is connected
11:01
to you. For
11:03
over seven years, the people gathered here have
11:05
been fighting to stop the pipeline. Some
11:08
of them camped on this very spot in 2016
11:11
in a resistance camp that was a jumping off
11:13
point for direct action protests
11:15
meant to stop construction. Police
11:19
and private security responded with
11:21
dogs, tear gas,
11:24
water hoses, aerial surveillance,
11:27
infiltration of their movement spaces,
11:30
radio eavesdropping, and mass
11:32
arrests. Like
11:34
we do know and we did confirm that
11:37
private security is
11:41
there along with North Dakota law enforcement.
11:44
After the pipeline was complete, the camps
11:46
shut down and the cameras left. But
11:50
Standing Rock and other tribes continued to
11:52
fight in court. In
11:54
2020, a judge agreed with the tribes.
11:57
He revoked the permit that allowed the pipeline to...
12:00
the Missouri River and he
12:02
ordered an environmental impact statement.
12:04
That report is
12:06
seven years late but
12:08
it also represents one of the few
12:10
pathways left to stop the pipeline. I
12:13
can't speak for any other
12:15
elder but I'm kind of
12:18
getting up there and I just want to say I'm
12:20
really proud of all of you. Really proud
12:23
of all of you and that's all I
12:25
can say. I'm always proud
12:27
of all of you. Catch you.
12:40
And we're off. I'm in a line of
12:42
about one, two, three,
12:45
four, five, six cars.
12:47
We've got our
12:49
blinkers on and we're headed
12:51
to the public hearings.
12:55
Right now our cars are crossing over the
12:58
precise site where the Dakota Access
13:00
Pipeline is buried. At a certain
13:04
point there were encampments all
13:06
the way up to that
13:08
spot where the pipeline route
13:10
is. Eventually that was
13:12
pushed back but the place where
13:15
you know over
13:17
10,000 people were camped at one point
13:19
is right where folks had a fire
13:21
and were praying. I
13:27
had a chance to read the EIS before I came out
13:29
here. After years
13:32
of researching the environmental harms associated
13:34
with pipelines like this one, I
13:36
was pretty surprised to hear the Army Corps
13:38
suggest that removing the pipeline would
13:41
be more environmentally harmful than
13:43
allowing the oil to continue pumping under
13:45
one of Standing Rock's primary drinking water
13:47
sources. The
13:49
EIS says that a major spill under
13:52
the Missouri River is remote to
13:54
unlikely. As for
13:56
climate change, this document claims that
13:58
allowing the pipeline to continue on operating
14:00
as it is, would quote, not
14:03
generate any direct greenhouse gas
14:05
emissions with the exception of
14:07
a minor amount of emissions
14:09
associated with pipeline maintenance activities.
14:12
That's because the Army Corps is only
14:14
taking into account the emissions generated by
14:17
the pipeline itself, not by
14:19
the activity it enables, burning
14:21
fossil fuels. Finally,
14:27
it claims there are simply no
14:29
historic properties, like sacred sites,
14:31
for example, in the
14:33
area being studied. A couple
14:36
of nights before the hearing, I sat
14:38
down with Onorata Defender and Jonathan Edwards
14:40
to talk about the EIS. Onorata
14:43
is a journalist for the local
14:45
Corsons Sioux County news messenger, and
14:47
Jonathan is a former paramedic. They're
14:50
siblings and both members of the Standing
14:52
Rock Sioux tribe. And
14:54
they organized some of the first grassroots
14:56
meetings about the pipeline, held in
14:59
an unheated movie theater, here
15:01
in the reservation town of McLaughlin,
15:03
South Dakota. We
15:05
ate pizza at a Senex gas station with a small
15:07
table in the back. Have
15:12
you guys had a chance to look
15:15
at the draft environmental impact statement? You
15:20
have. What do you think
15:22
about it? I think
15:24
it's bull duty. It's
15:27
severely lacking in everything. It
15:32
is not a real environmental
15:34
impact statement. I
15:37
haven't read it, so. But I would
15:40
imagine it's just something that's copied and pasted
15:42
from another EIS that
15:44
they did somewhere else in another part of the
15:46
country. I don't
15:48
think it'll adequately address our
15:50
treaty rights, our sovereignty, the
15:52
effect to the water,
15:55
when the thing breaks. On
16:00
the spill response team, we
16:04
had asthma classes a
16:06
couple years ago, and yeah, we're
16:09
screwed here if there's an oil spill.
16:13
I was curious about another kind of impact that
16:15
I knew the pipeline had had. I've
16:18
spent years digging into reams of
16:20
public records and leaked documents describing
16:22
the way the pipeline company and its private
16:25
security contractor, TigerSwan, worked
16:28
with police to repress the movement. The
16:31
EIS didn't mention the emotional and
16:33
physical trauma of police repression. It
16:35
didn't mention the long-running community divisions
16:38
that a project like this can inflict.
16:41
Those kinds of long-term impacts
16:43
are common around the world
16:45
when corporations and governments force
16:47
through large polluting projects, and
16:49
they typically go unacknowledged by
16:52
regulatory processes. I
16:54
wondered what kind of
16:56
impact all that law enforcement
16:58
presence and private security presence in
17:00
a way that that is an
17:03
extension of the pipeline. What
17:06
impact has that had on, continued impact
17:08
has that had on people who were
17:10
subject to it? I know
17:13
a number of people that have
17:15
PTSD still, that suffer
17:17
from PTSD still from
17:20
what they went through because
17:23
of how TigerSwan and the police
17:25
handled everything. For
17:28
Jonathan, fighting the pipeline deepened his
17:30
distrust of public agencies that are
17:32
supposed to keep people safe. For
17:35
him, this was an intensified version of
17:37
the everyday criminalization that he
17:39
faced as a Lakota man
17:41
in white communities bordering the
17:43
reservation. I'm in a
17:45
group that's most likely to be killed by police,
17:49
Native American males, more
17:52
so than African American males.
17:55
So I think it's just
17:57
something that you expect to... personally
18:00
that I expected and it
18:04
was, it's just normal, I guess, unfortunately.
18:09
Like, gassed us, shot at us,
18:11
beat people,
18:13
you know, pointing loaded weapons
18:15
at unarmed women and children. Lot
18:20
of tear gas, asthma
18:24
now. I've
18:27
never had any breathing problems before, before I
18:30
went off there, but yeah, there's
18:33
just a lot of tear gas and
18:36
mind you for standing on our
18:38
own land. Well,
18:41
and I guess what, you know, I'm kind of thinking
18:43
about is like, if resistance
18:46
to a pipeline under
18:49
the conditions that were, in the
18:51
reality that we're living in with climate change,
18:53
with leaks, with all these things, if resistance
18:55
is inevitable and
18:57
if resistance means like this
19:01
kind of police repression, then
19:04
like isn't PTSD and the trauma
19:06
that comes with those kinds
19:08
of police confrontations. Also like
19:10
an impact of the pipeline? Yeah,
19:13
most definitely they are. Yeah,
19:17
I never thought of it that way, but now
19:19
that you bring it up, yeah, most definitely is.
19:23
Because unfortunately, I mean, these people, I
19:26
mean, they're going to be haunted for the rest
19:28
of their days. We're all going to be haunted
19:30
for the rest of our days on
19:33
the travesties that were committed there. Onorata
19:36
is clear on what she'd like to see
19:39
happen. I
19:41
would love to see them remove it. They say
19:43
that there's going to be, it would be worse.
19:46
That's what they say throughout the whole
19:48
environmental impact statement basically is that it'd
19:50
be worse for the wildlife,
19:53
it'd be worse for the habitat, it'd be
19:55
worse for the fish,
19:57
for us to... remove
20:00
the pipeline and I believe that's
20:02
so false. That's the unsharrest thing
20:05
I've ever heard. I mean they already
20:07
disrupted all of this by putting it in.
20:09
So why is it now
20:14
a big deal to remove it? She's
20:17
describing one of the strangest things about
20:19
the document. Since the
20:21
pipeline is already built, the EIS
20:23
is backward. It describes
20:25
the severe environmental harms that
20:27
would come from removing the
20:30
pipeline, which one has
20:32
to assume are basically the same harms
20:34
that would have come from putting the
20:36
thing in. I
20:39
figured Onorata and Jonathan would be at
20:41
the EIS hearing, but
20:44
Bismarck is an hour and a half away
20:46
from the town where they helped start this
20:48
movement. Onorata wasn't sure if
20:50
she'd have gas money and her
20:52
van's heat was broken. It was 25
20:55
degrees outside. Back
20:58
on the road, our caravan eventually arrived
21:01
at the Radisson, where two
21:03
days of public hearings were about to begin.
21:06
I catch up with Standing Rock tribal chair
21:08
Janet Alkire in the lobby. The
21:11
Standing Rock Sioux Tribe has already dropped
21:13
out as a cooperating agency on
21:16
the EIS, and I
21:18
want to understand why. When
21:20
this pre-draft came
21:22
out, it showed
21:24
on the cover of this book
21:26
that we were a cooperating agency
21:28
with our logo. And
21:31
when they opened up, they're like,
21:33
hey, don't, you're
21:36
not giving us anything. You're redacting
21:38
everything. How is this cooperating? I
21:41
don't want our logo on this
21:43
document. I'm not supporting this document.
21:46
The pages on spill response are
21:48
heavily redacted. Janet
21:50
and others suspect it has to
21:53
do with the independent contractor that
21:55
drafted much of the EIS. came
22:00
down in 2020, the tribes
22:02
asked that, can we, since
22:06
we're in a cooperating agency, are
22:10
you going to allow us
22:12
to have some kind of say in
22:16
who this independent company is gonna
22:18
be? Months later, with little
22:21
fanfare, Army Corps
22:23
announced that they'd hired Environmental
22:26
Resources Management. Environmental
22:28
Resources Management has been accused
22:30
of conflicts of interest before, including
22:33
when it was hired by the State Department
22:35
to help draft the EIS for
22:38
the controversial Keystone XL tar sands
22:40
oil pipeline in 2012. Reporters
22:45
and environmental organizations uncovered a whole
22:47
tangle of red flags, including that
22:49
some of the Environmental Resources Management
22:51
experts who worked on the
22:54
EIS had previously worked
22:56
for the pipeline's parent company,
22:58
TransCanada, and for other
23:00
companies with a stake in KXL's construction.
23:04
There were so many red flags, in
23:06
fact, that the State Department's Office of
23:08
Inspector General investigated. Ultimately,
23:12
they concluded that none of it
23:14
amounted to a violation of the
23:16
department's conflict of interest policy. To
23:19
many critics, that was just an
23:21
indication of how truly broken the
23:23
system was. Environmental
23:26
Resources Management again came under fire
23:28
in 2018, when
23:30
another government agency, the Federal
23:32
Energy Regulatory Commission, hired
23:34
the company to monitor construction of
23:37
Enbridge's Atlantic Bridge natural gas
23:39
project. Records obtained
23:41
by DSMOG showed the agency was
23:43
aware that Environmental Resources Management had
23:45
a business relationship with Enbridge, but
23:48
hired them anyway. Environmental
23:52
Resources Management is a member of
23:55
the American Petroleum Institute,
23:57
which has long been an ardent supporter.
24:00
order of the pipeline. It's
24:02
also a member of the American
24:04
Fuel and Petrochemical Manufacturers, an
24:07
industry association that helped draft
24:09
new anti-protest laws, which
24:11
swept the nation in the wake of
24:14
the pipeline protests near the Standing
24:16
Rock Reservation in 2016 and 2017. Environmental resources management
24:22
did not respond to a request
24:24
for comment. We
24:29
knew there was a conflict of interest.
24:31
We all know what a conflict of
24:33
interest is, you know, and
24:36
so, but it, we
24:38
were just disregarded in that
24:41
decision. Yeah, and just
24:44
like we said today, everything is, box
24:46
has been checked off already. So,
24:51
and so, it sounds like the option
24:53
that the tribe prefers is sealing
24:56
it off and leaving it in
24:58
the riverbed. Okay, right, sealing it
25:00
off. We chose that
25:03
option basically not to destroy
25:05
the riverbed, you know. As
25:09
the hearing kicked off, the Army Corps laid
25:11
out the possible outcomes this EIS process could
25:13
have. At the end
25:16
of the day, after the comment period closes
25:18
on December 13th, the agency
25:20
will have to decide again whether it's going
25:22
to sign off on the pipeline's route, known
25:24
as an easement, under the Missouri River.
25:50
The federal charges, which is the applicant to
25:52
go to express LLCs, The
26:00
first alternative would be to grant the
26:03
easement with additional mitigation measures. The
26:18
last alternative as a result
26:20
of public scoping cuts was to
26:22
look at alternatives that reroute the
26:24
pipeline. In the room is
26:26
a microcosm of the movement. The
26:29
space is dominated by water protectors from
26:32
Standing Rock and other neighboring tribes. There's
26:34
also a duel of police officers. Water
26:37
protectors already recognized one of them as
26:39
an officer who was behind the razor
26:41
wire at the front line. There
26:44
are a few burly men who later tell
26:46
me they are pipeliners there to advocate in
26:48
favor of the pipeline for their union. And
26:51
there's a handful of white guys who don't quite
26:53
look like they fit in. I
26:56
figure they must be police or private security.
26:59
Of course, it's hard to learn exactly who
27:01
anyone is, because this is
27:03
not the public hearing we were all
27:05
expecting. Public comments
27:07
are to be submitted privately to
27:10
stenographers sitting behind curtain boots. Water
27:13
protectors had hoped to deliver their remarks in
27:15
front of the pipeline executives who built the
27:17
project. With no microphone
27:19
provided, they took to the bullhorn. Apparently,
27:24
the perpetrators aren't
27:26
going to be here to listen to us because they
27:29
don't have a backbone to move.
27:31
So my comment is what you're going
27:33
to do right here. Hold
27:36
on because I'm not afraid
27:38
to say no. We're
27:40
not being given a mic, but that's okay. We'll
27:42
bring our own. And when
27:45
you're able to push people behind
27:47
curtain, there's
27:49
no accountability. And
27:52
our voices lose their power when we're
27:54
here in numbers. There's people here and
27:57
we're here wanting to talk. The
28:02
Army Corps attempted to respond to the complaints.
28:05
The next day, commenters had the option
28:07
to either go into the booths or
28:09
deliver their testimony by microphone. I
28:12
catch up with Tim Donaghy, the research
28:14
manager for Greenpeace USA, after he speaks
28:16
at the mic. Greenpeace
28:19
and a handful of water protectors are
28:21
still fighting a lawsuit from energy transfer,
28:24
which claims that Greenpeace orchestrated the movement
28:27
as a way to encourage donations. The
28:30
company has used the lawsuit to go
28:32
after all kinds of indigenous people and
28:35
environmental justice advocates via subpoenas. It's
28:37
what some critics call judicial harassment.
28:41
But Tim isn't here today to talk about that. He's
28:44
focused on the EIS's shortcomings where it
28:46
comes to the climate crisis. Oftentimes
28:49
in environmental impact statements
28:51
they'll say, well, essentially, if
28:53
we're not going to drill the oil
28:55
here, it'll come from somewhere else. So
28:57
it'll just be perfectly substituted. And because
28:59
of that assumption, they say, well, there's
29:01
no climate impact from approving this project
29:03
or disapproving it because it's going to be the same
29:06
no matter what. And I think that kind of flies
29:08
in the face of basically what the science has shown
29:10
about oil markets, which is that there's not going to
29:12
be 100% new oil coming on, but it's not
29:16
going to be 0% either. It's going to be kind of somewhere
29:18
in the middle. And a lot of the studies have
29:20
kind of shown that it's roughly around 50%
29:22
of the oil will be
29:24
replaced. But that means that building a pipeline
29:27
like Dakota Access is going to boost
29:30
the oil supply, it's going to
29:32
boost oil consumption, and as a result, it's
29:34
going to increase global greenhouse gas emissions. And
29:38
obviously, we're in a climate crisis
29:40
and we simply just can't do
29:42
this anymore. We can't continue to
29:45
be facilitating more and more oil and gas extraction
29:47
at a time when we need to be using
29:49
less of it. So it's just like slamming on
29:51
the brakes and the gas pedal at the same
29:54
time. The courts in the last couple of years
29:56
have said that's not a
29:58
good analysis and anyway requires
30:00
that you do more than that. And
30:02
then the other flaw I would say
30:04
in this particular analysis is they're kind
30:06
of implicitly assuming a business as usual
30:08
baseline scenario where they're saying, oh for
30:10
decades to come we're going to be
30:13
using lots of oil. And I think
30:15
you know there's already like countries are
30:17
pledging to do better on climate,
30:19
there's a continuing conversation about how are we going
30:21
to reduce emissions. I think it's
30:23
just not credible to say that nothing is going
30:25
to happen over the next couple of years. Obviously
30:27
we need to go faster but neither
30:30
we shouldn't also just be assuming that oil demand is
30:32
going to stay high all the way out for you
30:34
know decades to come. Across
30:37
the room I see Julie Fedorchak,
30:40
a member of the North Dakota Public Service
30:42
Commission which issued another key
30:45
permit for the pipeline. She's
30:47
a reliable advocate for the oil and gas
30:49
industry and I was curious what she'd
30:51
say about the process including how it
30:53
handled the question of climate impacts. We
30:56
had three public hearings, actually four if
30:59
you consider the one for optimization. And
31:03
you know had a very exhaustive review looking
31:05
at all of the impacts to the environmental
31:08
impacts, all the river crossings, all the
31:10
water bodies, wetlands, cultural
31:12
resources, unstable
31:17
areas like the whole gamut. So
31:20
I think that you know all of those
31:22
reviews were done effectively and that's
31:24
what the law requires and so we
31:26
need to support the law. So I'm
31:28
just curious about how that review process
31:30
that you're talking about addressed the climate
31:33
crisis and the impact of the fuel
31:35
that this pipeline is carrying on the
31:38
climate. Actually that's not part of the
31:40
law in North Dakota. We don't have
31:42
to review that. It's in fact we're
31:44
prohibited from including that in our review
31:47
of these kinds of infrastructure projects. So
31:50
the company wasn't required to provide any data
31:52
of that nature. Although
31:54
federal agencies like the Army Corps are
31:57
required by law to consider climate impacts
32:00
State laws vary significantly. As
32:02
far as I could tell, the
32:04
environmental regulatory process has not fully
32:06
accounted for the climate impacts of
32:08
the Dakota Access Pipeline. The
32:12
hearing was winding down, and when Nia
32:14
Locke got up to speak. She's
32:17
the Standing Rock tribal member who had given
32:19
us the logistical rundown as we prepared to
32:21
caravan out here. She's really flowing like that.
32:25
One of the things that hurt me personally is
32:29
that the American people, the
32:32
American people, have been changed. We're
32:36
at the local media here from Chandler. We've
32:39
got the Army Department here and the color
32:41
numbers for the security. We're
32:46
in the medical department. In
32:49
2016, we're in the hottest terrorist and
32:53
aerial to monitor
32:55
us. There's
32:58
two people in the state of Tennessee. It's
33:01
enough to be able to speak and play for
33:03
Canada. We just put out
33:06
an announcement level. We're
33:08
approval rights out there, and then we're light about.
33:12
And then I watched friends and family. I
33:15
even watched our big tribal chairman say,
33:18
hey, you're a general, get arrested. When
33:21
Nia and I talked more about it in the
33:23
hallway, I just find
33:25
it really interesting that people now have
33:28
a criminal record for
33:32
standing up and speaking the truth. Prior
33:35
to 2016, I was a very
33:37
innocent Lakota language teacher,
33:39
and I only had historical trauma
33:42
from congressional decisions
33:44
that were made from
33:47
boarding schools, militarization in
33:49
the 1800s. The
33:52
Dakota wars have all impacted my life,
33:55
but it was all historical trauma, meaning
33:58
it wasn't my lived experience. And it
34:01
was my ancestors, it was my grandparents,
34:03
it was my aunt, my uncle that
34:06
has experienced the
34:08
historical trauma brought on by the United States
34:10
government. And
34:13
so in 2016, I
34:16
actually got to live through warfare
34:19
because North Dakota, the Army
34:21
Corps of Engineers, the
34:24
Obama administration, Trump
34:26
administration, Biden administration
34:28
continue to allow
34:30
Dakota Access Pipeline to be
34:33
built and operating illegally right now. And
34:36
how it was built was by
34:38
using warfare tactics on innocent
34:40
people that were telling the truth. And
34:44
so the impact, you
34:47
know, there's PTSD, there's
34:49
triggers, there's a
34:51
lot of emotional trauma. The
34:56
NIA's experience aligns with what psychologists
34:58
predicted would happen. In
35:01
October 2017, the Society
35:03
of Indian Psychologists, which
35:05
exists to support the psychological
35:08
well-being of American Indians, put
35:10
out a statement about police and private
35:13
security's actions at Standing Rock. The
35:16
statement said, civilians in
35:18
the movement would likely have
35:20
developed normative paranoia and fear
35:23
relative to these increasing stressors
35:25
placed on them over time.
35:28
It would be likely that those who
35:31
remained at the camps over long periods
35:33
of time could begin to question who
35:35
could be trusted or communicated with and
35:38
develop ruminations and recurring thoughts
35:41
regarding their safety. And
35:43
they also noted, given that
35:45
we know a great number of
35:47
Native American people participated in the
35:50
movement, and that multi-generational trauma and
35:52
the ongoing effects of colonialism have
35:54
left their mark, it is likely
35:56
to have triggered normative fear and
35:58
recurrence of traumatic fear. I
36:05
asked the Army Corps press guy, Steve
36:07
Wolf, about what Waniya said. I
36:11
had read a piece about how Army Corps
36:13
brought in some extra security
36:16
for this hearing. Was
36:18
it private security? No, it was no private
36:20
security. I'm aware of. We've hired no private
36:23
security. Okay. And so what—
36:25
I mean, you see uniformed police officers here,
36:27
so. And I forgot
36:29
a lot else to say about that. Okay. So
36:32
the news reports about Army Corps bringing
36:35
in security with law enforcement? So
36:38
this is a private property. I
36:41
think people have seen what has happened in the past
36:43
with this project. I would
36:45
certainly imagine they're a bit concerned. If
36:47
you had a private enterprise, would you
36:49
be concerned? I
36:52
asked one of the out-of-place white guys if he
36:54
was security. And he replied
36:56
that no, he worked for law enforcement. I
36:59
also called the Radisson to see if they'd hired
37:01
security. But they didn't return
37:03
my calls and messages. Finally,
37:06
I sent Steve an email, just to
37:08
clarify. His reply was
37:10
pretty vague. He said, When
37:13
we approach private sector organizations, such
37:15
as a hotel, to conduct a
37:17
public meeting, we cannot simply
37:20
dictate to them how their facility might
37:22
be used for this purpose. He
37:24
continued, Ultimately, the U.S.
37:26
Army Corps of Engineers must agree to
37:29
and pay for the requirements of a
37:31
given facility to host
37:33
a public function for our
37:35
environmental analysis process. He
37:37
added, What you witnessed
37:39
firsthand is that no law enforcement
37:42
action was taken against
37:44
anyone expressing their views or attendance
37:46
at these two public meetings. Freedom
37:49
of assembly and freedom of expression
37:51
were alive and well at these
37:54
meetings. end
38:00
up seeing honorada at the hearing. Her
38:02
uncle, who is an elder, gave her a
38:04
ride. And I watched the two of
38:06
them go into the booth and submit their
38:09
testimony. At 9 o'clock
38:11
PM, they prepared to travel the
38:13
hour and a half back home on
38:15
the dark country highway. Regardless
38:18
of the outcome of the EIS
38:20
process, she and Jonathan and other water
38:22
protectors who were on the ground will
38:25
continue to carry the weight of what happened
38:27
at Standing Rock. It
38:29
was really upsetting to stand there and
38:31
watch the people that are in uniform,
38:34
whom, some of whom I used to work
38:36
alongside up in Bismarck and they're there shooting
38:39
at you and they're shooting tear gas and
38:41
rubber bullets and... It's
38:47
upsetting and, yeah, it's
38:50
upsetting. Very
38:52
upsetting. I have
38:55
a lot of respect for people
38:57
like that anymore, if I ever
39:00
did. But
39:04
I don't necessarily want to focus on that
39:06
too much on a daily basis because we
39:08
walk around pissed off all day. Yeah,
39:11
totally. Can
39:14
I have some of that go? Still working
39:16
on that? I assume that'll be a lifelong
39:18
process for me because they
39:20
hurt a lot of people out there. I
39:24
don't really follow what the government does anymore. I
39:26
just don't have any faith
39:28
in them at all. Yeah,
39:33
that's where I'll always
39:36
be, unfortunately. Onorata
39:40
did point out that the impacts are
39:42
not all bad. There's
39:44
a very big boom and the
39:46
sound waves can still be felt all
39:49
across the world because people
39:52
realize that they
39:54
matter, their voice matters, and with that
39:56
voice they can do things, remarkable
39:59
things. Drilled
40:09
is an original critical frequency
40:11
production. Our senior editor
40:13
for this series is Aline Brown,
40:15
who also reported, wrote, and hosted
40:18
this episode. Our senior
40:20
producer is Martin Zaltz-Ostermich. Martin
40:23
also did the sound design, who composed much
40:25
of the music in this episode. Peter
40:27
Duff is our audio engineer. Fact-checking
40:30
by Wudan Yan. Our
40:32
artwork is by Matt Fleming. Our
40:35
First Amendment attorney is James Wheaton.
40:37
Our theme song is Bird in
40:39
the Hand by Four Nones. This show
40:41
was created by Amy Westervold. You can
40:44
see more stories from this series, as
40:46
well as background reporting, on Drilled.media. You
40:49
can also sign up for our newsletter there
40:51
to get a curated list of the week's
40:53
most important climate stories delivered to you weekly.
40:55
There's never more than 10 minutes to read,
40:58
and people tell us it helps them stay
41:00
on top of the fire hose of climate
41:02
news out there. To support
41:04
our work, please share this episode or give
41:06
us a rating or review wherever you're
41:08
listening. Upgrade to a
41:11
paid newsletter or podcast subscription for
41:13
access to ad-free early release episodes
41:15
and bonus content. Thanks for listening, and
41:17
we'll see you next time.
Podchaser is the ultimate destination for podcast data, search, and discovery. Learn More