The Army Corps of Engineers informed the Standing Rock Sioux today that they must vacate the camp where they have stood up to the federal government by December 5 or be arrested and prosecuted for trespassing.
For months, the Standing Rock Sioux have been blocking the construction of the Dakota Access pipeline, which cuts through their tribal lands. The federal government has harassed them, using water cannon, rubber bullets, percussion grenades, and other forms of low-level violence. Protestors from across the country have joined them in solidarity.
The most comprehensive report on the dispute appears in the Washington Post, describing the long history of treaties broken by the U.S. government.
In the Dakota language, the word “oahe” signifies “a place to stand on.”
And that’s what the Standing Rock Sioux and its allies in the environmental and activist movements say they are doing: using Lake Oahe in North Dakota as a place to take a stand by setting up camps and obstructing roads to block the controversial $3.7 billion Dakota Access pipeline.
Their confrontations with police — who have responded with water cannons, pepper spray and rubber bullets — have steered attention to the 1,170-mile-long oil pipeline project and its owner, Energy Transfer Partners. But the real source of Native Americans’ grievance stretches back more than a century, to the original government incursions on their tribal lands. And those earlier disputes over their rights to the land, like the one over the Dakota Access pipeline, pitted the tribes against a persistent force, the Army Corps of Engineers.
The federal government has been taking land from Lakota and Dakota people for 150 years, tribal leaders say, from the seizure of land in the Black Hills of South Dakota after the discovery of gold in the 1870s to the construction of dams in the Missouri River that flooded villages, timberland and farmland in the Dakotas in the 1950s.
Through the ages, the warring tribes of the Northern Plains lived, hunted and fought across a sprawling expanse of land. Many were migratory, moving with the seasons. Each treaty with the U.S. government, most notably the 1851 and 1868 treaties of Fort Laramie, restricted their movement further, although they left them large areas west of the Missouri River and recognized them as sovereign nations.
Much of this was contested, leading to Gen. George A. Custer’s ill-fated military campaign to protect miners. Land was later taken to make way for homesteading.
In 1889, Congress passed legislation that created the modern reservation system, pushing the Sioux, also known as Lakota, into smaller areas. And later in the 1900s, a series of dams across the Missouri River rolled back the scope of those reservations, too.
“This government honors international treaties like they are the Holy Grail, but within our own homeland, they find ways to break them,” said Standing Rock Sioux Chairman David Archambault, who, under the treaties and U.S. law, is the head of a domestic sovereign nation.
Lake Oahe illustrates his point. The lake, the site of the current dispute, exists because of a dam project built by the Army Corps of Engineers, the same agency that has been weighing whether and where the Dakota Access pipeline could be built.
Empowered by the Flood Control Act of 1944, the Army Corps erected the Oahe Dam in central South Dakota, forming a reservoir that extends about 250 miles upstream to within a short distance of Bismarck, N.D. In 1962, President John F. Kennedy dedicated the dam, hailing it as a symbol of a free society tapping its natural resources.
But for the Lakota tribes, the dam didn’t exploit natural resources. It buried them.
The project inundated and destroyed the Standing Rock Sioux tribe’s “most fertile bottom lands,” home to medicinal plants, wildlife and timber, said Everett J. Iron Eyes Sr., former water and natural resource director for the Standing Rock Sioux tribe and now a water consultant. In the process, he said, the Army Corps acquired 56,000 acres of land and destroyed 90 percent of the tribe’s timberland.
As Ellen Lubic, one of our readers, commented: If this is happening under Obama, what will happen when Trump takes office?

About our treaties with the Sioux. We forgot to write into the treaties that the Sioux can have their lands until the U.S. Government wants them.
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I forgot to say. . . .OR until some oligarchic big company wants them.
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What I fear will happen under Trump, is that the military and police will use real bullets against all peaceful protesters, and it will happen much earlier on in their protests. Trump will emulate his hero, Putin, and will have mass graves dug and quickly dispose of the bodies.
After reading this AM in the LA Times about all Trump’s potential conflicts of interest, over at least 500, wherein as Prez, he can appoint his fellow travelers to the NLRB to settle disputes in Trumpland, always in his favor, and all the other agencies where he directly appoints ‘deciders’ he is in complete control of both the nation and of his business interests. If this is not a sheer self serving strategy, what is?
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Who made the Army Corps of Engineers a decider on this? Why isn’t Congress acting? This shouldn’t be happening.
When the pipeline breaks and damages the Missouri River, will the Army Corps clean the water? Will the company? Nope.
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Tweet from Bernie:The Standing Rock Sioux Tribe and the people of North Dakota have shown the importance of standing together against injustice. #NoDAPLhttps://twitter.com/BernieSanders/status/768940994574376961
The continuing disgrace and shame of the US government/corporate America: our mistreatment of the original peoples of this land.
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Those of us in education should take notice as we may well be on the road to civil disobedience. If the courts can call almost anything public education, teachers, parents, and concerned citizens may have to demonstrate to make our point. This happened in Chile when privatization was forced on students.
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RT,
Really important point. We may finally realize at some point in the very near future that this type of action is all we have left in order to protect our jobs, unions, and public education as an idea.
My fear is that the protesters against the Dakota pipeline are going to lose and lose badly, especially if the upcoming Trump admin takes over the standoff. I suspect it will get ugly. This will unfortunately be something that scares off real resistance for some time. This is my fear.
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We went through contentious times before in the recessions of the ’70s and ’80s. Teachers went on strike, and picketing was common. I taught in New York too where we went on strike for twenty weeks. We were subject to the Taylor Law and lost two for one on our salaries. I feel the climate is worse now. If teachers went on strike, they would probably try to fire everyone and try to implement privatization. Billionaires have no skin in the game about privatization. It will be up to parents and community members to fight to have a certified human teacher in an authentic public school. Otherwise, the oligarchs will be happy to put children in front of screens, and call it public education.
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To retired teacher who writes: “It will be up to parents and community members to fight to have a certified human teacher in an authentic public school. Otherwise, the oligarchs will be happy to put children in front of screens, and call it public education.”
. . . and preferably at home.
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But when a bunch of well armed radical white terrorists take over a wildlife refuge there are no violent police interventions involving overwhelming police and military tactics are there? The one guy that was shot and killed had to point a weapon at the cops for them to finally respond with force, but a bunch of peaceful, nonviolent protesters are regularly brutalized for defending land that is actually theirs. Amerikkka.
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Brilliant observation, Jon! In recent months, many of our fellow commentators have noted how we are looking more and more like Weimar Germany, which had a notorious judicial and administrative leniency toward the right as compared to the left. As Kurt Tucholsky noted this in a 1922 essay, “For 314 murders by the Right, 31 years and 4 months in prison sentences, plus one life sentence. For 13 murders by the Left, 8 death sentences, 176 years and 10 months in prison sentences.”
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Or, as example, the imprisonment of Atlanta teachers, who were forced into the rich man’s testing cabal.
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Thanks Linda of reminding us of those 8 Georgia teachers who are still in prison for changing test answers.
And thank you Jon for the comparison of the law breaking, gun toting, White ranchers who were never accosted and driven out of public lands, with the Native Americans whose reservation, their true assigned homeland, is once again stolen from them as the government uses physical violence against them to get them to disperse.
Yesterday I saw a photo of one lone young Indian woman sitting on her horse, unarmed, facing the phalanx of armed police in riot gear who were about to advance on her. She is a person who Obama should give the Medal of Honor for bravery.
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Ellen Lubic: As I read your post, I was reminded of that famous painting of a Native American sitting on his horse where both of their heads were bowed. The several-hundred-year-old problem with the United States is coming to a head right there, right now.
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Thank you so much, Diane, for posting this information. As a white person who grew up in this area, I did not learn the truth of how Indians had been treated until I was an adult. There is still widespread prejudice out here. American Indians are the forgotten minority in the United States.
There are several things we can do to support these courageous people. This site has a list: http://thefreethoughtproject.com/10-protest-dakota-access-pipeline/
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P.S. A couple of my former Native students are at the protest now, and one of my white students returned from there and told us how very scary it was to have guns pointed at her. This is truly a historic event (the largest mass meeting of tribes ever?) that took the media awhile to even cover.
Please keep up the pressure on the government! And WHERE THE HECK IS PRESIDENT OBAMA? One student told me the Water Protector camps can use teachers for the youths there, so perhaps retired teachers might consider going out there . . .
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Obama is protecting the oil company (which was refused pipeline rights in the nearby White city, but is forced on the reservation land). He has recently pardoned a few hundred prisoners who committed terrible crimes, but he did not pardon Leonard Pelletier, nor even the very White Gov Siegelman. When Wall Street owns you, they get their money’s worth, and as always, the Indians get the shaft.
Thanks Diane for publishing this disaster.
It is so shameful how the US Government and the oligarchs treat Native Americans. This disgrace probably will not even show up in history books in fifty years with all the revisionist writers…and there will be no more public schools in this Christian Nation.
The original indigenous people have no real representation in our government, and evidently neither do We the People. We have been shown with both the election, and with Standing Rock, how America really functions…with police aiming projectiles at unarmed Water Protectors and peaceful protestors, with banksters protected by our Dem DoJ and with the approbation of a Dem president, and now with fascist Repub thugs winning our major election so that Betsy DeVos and Steve Bannon and the ALT Right and the Radical Christians, can now run, and terrorize, the nation and all the rest of us.
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Precisely why Trump must be de-legitimized from the start,obstructed every inch of the way (they wont).. But it is dismal Democrats who empower Republicans . Add Standing Rock to the Obama Hall of shame., Up there with Flint and Wisconsin and countless other failures. Failures of leadership that had little to do with Republican obstruction. Failures that dilevered the Nation to the right. That is the Clinton/Obama legacy . Look at the map.
Would there be any question had the election been reversed . Would the RNC hesitate one minute to challenge the results?
They would challenge the results if they were absolutely certain beyond any reasonable doubt they were legitimate . They would do this to delegitimize ; a legitimate President, one who had won both the popular and electoral vote. Just as the birther movement was fanned for that purpose. Thank God for the Greens .
Since 92 I have only had one reason to vote for these As——. The fear of ceding power to the Republican right . Not a good enough reason . They are two sides of the same coin.
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We have to believe if they can step on one group of people, in this case native people, they can step on all of us. We just have to get in line and wait for our turn to be crushed.
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Obama is busy giving the Medal of Freedom award to oligarchs, like Bill and Melinda Gates, a mockery of America. The Medal of Freedom
award should be conferred on Diane Ravitch.
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Yes, 1000 times!
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Diane’s commitment to her cause is too genuine and her pockets aren’t deep enough.
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I only disagree with your substitute awardee. The Medal of Freedom belongs to the Stand Rock Sioux. I love Diane too.
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Both qualify. Oligarchs destroying America’s common goods and common resources don’t deserve to be in civil society.
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Sometimes, I get so tired trying to teach and give my energy to students while fighting difficult outside forces . . . but maybe I will hang in there as long as I can so that I can share the truth. It helps to find similarly concerned people on this blog.
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Here’s another way to help: http://waterprotectorlegal.org/ways-support-us/
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Thanks M.teach….for the recommending ways we can help and support the Water Protectors. We are with them and with you.
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Thank you, Ellen. I have always appreciated your comments on this site.
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When I taught in North Carolina, I sang in the choir with a lawyer who had led the fight against the dam on the New River, which flows out of the Blue Ridge Mountains near Boone north to the Knawaha near Charleston, WV. He led a coalition of opponents who fought a proposed dam from the early 1960s until it was declared a wild and scenic river around 1976. The New River Controversy, a book written soon thereafter, describes the politics and the pathos. It was quite a fight. The project was meant to provide electricity for Ohio towns. A cost benefit analysis did no good. They proved with army corps figures that the benefit had been wildly exaggerated, and that 5000 people were in danger of losing their homes for nothing. Basically, an urban area was asking a rural area to sacrifice so that they could live a lifestyle the folks in the mountain could only dream about. Still it took years to delay and finally defeat it.
Other dams in Tennessee were not so lucky. I can recall reports of old Cherokee women being carried off their porches in their rockers in East Tennessee. One dam on the Duck River was defeated after massive cost overrun in the 1980s.
These battles were hostile and personal. One activist on the New River project recalled to me that he was told by an angry army corps guy that they intended to dam up every River in America that was “wide enough to piss across.”
I cannot say much about the present pipeline, but the recent rupture of one that carries gasoline in Alabama reminds us that infrastructure must be maintained and is costly. It always seems that rural places have to give up so that urban places can have something. Be they power lines or pipelines, dams or interstates, the few have little chance against the many. This is one of the major forces driving the rural people to despise government and support those who oppose it.
Of course, the Souix experience, right down to the French word we use on that group, is born of the same exploitative period in European history that gave us so many more atrocities. Read about Standing Bear and the Ponca, or visit the wonderful museum at Ponca City, OK. Ironically, the museum is just down the road from a refinery.
We owe it to the reservation to stop and listen for a while. Even if their objections were ridiculous, the history of broken treaties and abusive treatment of their culture merited much discussion a long time ago. We rerouted a Tennessee highway around a sensitive ecological area in the 1990s. There are always alternatives if someone is willing to pay.
In the lat 1800s, the Poncas were forced off their ancestral land on the Missouri River in Nebraska for no reason. It took a journalist and a gargantuan movement that eventually got something done about it. Seems we are indeed returning to a Guilded age of corruption and jingoism.
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Roy,
Thank you for sharing this history, even though it was sad to read.
I would like everyone to know that Montana has had two oil leaks/spills into the YELLOWSTONE RIVER in the past six years. One was in 2011 near Laurel/Billings (from a pipeline that went under the river, just like the one proposed in North Dakota) and one was last year near Glendive. Glendive’s drinking water was affected. The protesters in North Dakota aren’t just making up false concerns.
Laurel (south-central Montana):
http://www.cnn.com/2011/US/07/02/montana.oil.spill/index.html
Glendive (eastern Montana, next to North Dakota border):
http://www.cbsnews.com/news/yellowstone-river-spill-oil-detected-in-water-supplies/
This is a pristine, undammed river whose headwaters are in Yellowstone National Park.
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Under Trump it will be a disaster of unparalleled proportions
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“Texan Kelcy Warren is the Dakota Pipeline builder and has also used his massive wealth to support conservative politicians. So far in the 2015-2016 election cycle, he has contributed over $743,000 to Republican candidates and organizations, according to the Center for Responsive Politics’ OpenSecrets.org database.
That includes over $500,000 to the Opportunity and Freedom PAC supporting former Texas governor and Republican presidential candidate Rick Perry, $97,000 to the Republican National Committee, $79,500 to the Republican National Congressional Committee, and $25,000 to the Congressional Leadership Fund, which supports GOP candidates.
In addition, Warren has contributed the maximum amount to the campaigns of House Speaker Paul Ryan (R-Wisconsin), House Energy and Commerce Committee Chair Fred Upton (R-Michigan), House Majority Leader Kevin McCarthy (R-California) and Senate Energy and Natural Resources Chair Lisa Murkowski (R-Alaska).”
http://www.truth-out.org/news/item/37586-meet-the-texas-billionaire-and-gop-donor-behind-the-north-dakota-pipeline-controversy
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Thank you for the info. Here is related information about Kelcy Warren from a CBS interview that reveals that Trump has “minor holdings” in Warren’s company and Warren donated to Trump:
“We will get this easement and we will complete our project,” Warren said in an interview you’ll see only on “CBS This Morning.”
President-elect Trump has minor holdings in Warren’s company, and Warren donated $103,000 to Trump’s campaign.
“Have you spoken to Donald Trump about the pipeline?” Albert asked.
“I’ve never met the man,” Warren said.
“You’ve never met him but he’s invested in you and you’re invested in him,” Albert said.
Warren laughed, saying, “Well, I wish him well.”
http://www.cbsnews.com/news/dakota-access-pipeline-energy-transfer-partners-ceo-kelcy-warren-breaks-silence/
(You can view Warren’s supreme confidence in the video)
Isn’t there a conflict-of-interest law barring Trump from making decisions on this North Dakota pipeline?
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A large number of American veterans are headed to Standing Rock, to back the coalition that is there, fighting off the richest 0.1%, if reports are correct. Without unity and strength by the 99%, oligarchs will destroy water, the planet, and whatever is in their way, to further concentrate their wealth. When a man like Bill Gates funds an organization that refers to schools (which are paid for, with OUR taxes and, that are, for OUR kids), as “human capital pipelines”, eradication of that menace and other similar evil, is imperative. God speed to America’s defenders at Standing Rock.
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In fact, ” American Indians serve in their country’s armed forces in greater numbers per capita than any other ethnic group,” according to the Smithsonian. How ironic that many of the current Water Protectors fought for the United States and now must face armed law enforcement officers fighting against them. That’s some thanks for their sacrifice.
http://www.huffingtonpost.com/national-museum-of-the-american-indian/american-indians-serve-in-the-us-military_b_7417854.html
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All this is happening under the aegis of a Democratic president (with a very hostile GOP controlled Congress). The horror show that is Trump is not even in charge yet. Sell-out that Obama was, we will be looking back at him with fondness once the billionaire reality show goes into high gear. Thank goodness I don’t have the alcoholic gene or else I would be consuming gallons of the finest chiantis with fava beans and never mind.
Bernie has made a strong statement against the treatment of the protesters, the Standing Rock Sioux and the rape of their sacred lands. Have Schumer or Pelosi said anything?
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I will look back at him as the man who came in with a mandate and no agenda for the American People. Heritagecare with its sell outs to Pharma and big insurgence; when it is gone will set back true reform another half century.
I look back at LBJ as a crass SOB with an agenda to make the lives of all working class Americans better. A man whose legacy was losing the South for generations to come, but doing what had to be done because it was the right thing to do. Obama may have not only destroyed his own legacy but Johnson’s as well.
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Insurance (oh god )
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I like insurgence. Fits.
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“. . . we will be looking back at him with fondness . . .”
You got fleas, Joe???
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#NODAPLSolidarity has a day of action planned for Dec. 1. “Shut down the banks. Close your accounts. Demand withdrawal of sheriff departments.” The site lists the targets.
I have an Army Corps of Engineers office near me which is where I’ll be on Dec. 1.
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Of course. The Corporate Police Surveillance State will always protect the corporate plunderers long before the people and the planet. That’s why we are existentially threatened by catastrophic climate disaster. It doesn’t matter which wing of the Corporate/Wall St. Party is in power – Dems or Repubs – the result will be the same as long as the current system is in place. As with privatizing public schools, which most Repubs and too many Dems support, the private sector overwhelms the Common Good nearly every time.
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I concur with just about everything you said. But I will have to agree with Noam Chomsky, we all should have held our noses and voted for HRC to block the far worse evil of Trump. However, all that is moot at this point and we will have to deal with the reality of the billionaires boys’/girls’ club on steroids. Public education continues to be on the chopping block, Medicare and Social Security could be destroyed.
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“. . . we all should have held our noses and voted for HRC. . .”
Got fleas, Joe??
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Joe writes: “Public education continues to be on the chopping block, Medicare and Social Security could be destroyed.” I doubt they’ll go after Medicare and Social Security. If they do, it will have to be accompanied with “A Great Lie” .because even Trump voters don’t want to take care of Grandma once her Social Security checks stop coming.
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This piece was published by Smithsonian.com November 2016
“Ulysses S. Grant Launched an Illegal War Against the Plains Indians, Then Lied About It.”
If you click the link and read the article, you might think what I did, that G. W. Bush learned from President Grant when Bush lied about WMDs so he could start the war in Iraq.
http://www.smithsonianmag.com/history/ulysses-grant-launched-illegal-war-plains-indians-180960787/
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Thanks for the link. Good article about another sorry chapter.
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