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Seven Years Later, an Environmental Impact Statement for the Dakota Access Pipeline

Seven Years Later, an Environmental Impact Statement for the Dakota Access Pipeline

Released Thursday, 7th December 2023
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Seven Years Later, an Environmental Impact Statement for the Dakota Access Pipeline

Seven Years Later, an Environmental Impact Statement for the Dakota Access Pipeline

Seven Years Later, an Environmental Impact Statement for the Dakota Access Pipeline

Seven Years Later, an Environmental Impact Statement for the Dakota Access Pipeline

Thursday, 7th December 2023
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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

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4:43

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4:46

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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

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to get a curated list of the week's

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most important climate stories delivered to you weekly.

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There's never more than 10 minutes to read,

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and people tell us it helps them stay

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