Thanks to the courageous and indefatigable efforts of pipeline fighters everywhere, the tide has finally turned on Keystone XL. As it becomes increasingly clear that Keystone XL’s northern leg is not going through, it is time to set our sights on ending all tar sands exploitation.
The Obama administration’s latest election year delay on Keystone North is not a victory, but the dominoes continue to fall. Earlier this year, a citizen lawsuit denied TransCanada a route through Nebraska. Last month, it lost its permit through South Dakota. Now it faces a gauntlet of “Cowboys & Indians” vowing to stop it in its tracks.
We cannot let up until Keystone North is vanquished, but all signs point to President Obama nixing TransCanada’s cross-border permit after the November elections. Don’t just take my word for it.
On April 23, Rolling Stone contributing editor Jeff Goodell wrote: “I was told recently by members of the administration that the pipeline would, in fact, be rejected.” On June 18, former Vice President Al Gore wrote in this same magazine: “[Obama] has signaled that he is likely to reject the absurdly reckless Keystone XL-pipeline proposal.”
Both pronouncements come on the heels of former President Jimmy Carter pointedly warning the president that Keystone XL “will define your legacy on one of the greatest challenges humanity has ever faced – climate change.”
For a president who has suddenly decided to stake so much of his legacy on addressing the climate crisis, approving Keystone North would destroy any shred of credibility on this issue. It would also put an administration that prides itself on outreach to Native American communities in the position of violating the 1868 Fort Laramie Treaty.
I recently had the honor of viewing the Fort Laramie Treaty with Shane Red Hawk and his family in the National Archives vault. There wasn’t time to read every word of the hand-written document, but there was time to absorb the meaning of the “bad man” clause in Article I on the faded first page:
If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person or property of the Indians, the United States will, upon proof made to the agent, and forwarded to the Commissioner of Indian Affairs at Washington city, proceed at once to cause the offender to be arrested and punished according to the laws of the United States.
Because Keystone North would cross treaty territory, its construction would blatantly violate the “bad man” clause, an arrestable offense the Great Sioux Nation will not abide. President Obama knows this because the presidents of the Oglala Sioux and Rosebud Sioux tribes declared on national television their people are “willing to die” to stop it. He also knows this because his Senior Counselor, John Podesta, visited the “Reject and Protect” tipi encampment on the National Mall in April where this declaration of nonviolent civil resistance was made.
As fate would have it, I found myself standing next to Mr. Podesta at this historic event. I thanked him for his public opposition to Keystone, then asked him to urge the president to use his bully pulpit to speak out against all tar sands exploitation (this includes preventing the tar sands barons from gaining a foothold in Utah’s pristine red rocks country).