Podcasts > All About Change > Joe Bates - Indigenous Resistance Against Big Oil

Joe Bates - Indigenous Resistance Against Big Oil

By Jay Ruderman

The Bad River Band's ancestral homeland in Wisconsin is in peril due to an aging oil pipeline owned by Enbridge. In this episode of the "All About Change" podcast, Joe Bates details the tribe's deep ties to the land and their desperate fight to protect it.

He outlines the pipeline's trespassing construction and rapidly deteriorating condition that jeopardizes the reservation's ecosystem and Lake Superior's waters. As the legal battle unfolds, the band leverages activism, documentary films, and sovereignty claims in their wider struggle to safeguard their treaty rights and environment for future generations.

Joe Bates - Indigenous Resistance Against Big Oil

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Joe Bates - Indigenous Resistance Against Big Oil

1-Page Summary

Bad River Band's Ancient Ties to Land and Threat From Pipeline

The Bad River Band has lived near Lake Superior for millennia, Joe Bates explains. Their migration story and the "Sandy Lake March" deaths reflect their deep connection to this promised homeland secured in the 1854 Treaty. However, their territorial rights and practices now face threats from the Enbridge oil pipeline.

Pipeline's History, Hazards, and Environmental Impact

Installed by the Bureau of Indian Affairs in the 1950s without tribal consent, Bates calls Line 5 a "ticking time bomb" due to its deteriorating state. Videos reveal shoddy construction, and sections are suspended, risking rupture. Bates warns a spill could devastate the Bad River, Lake Superior, and reliant communities and ecosystems.

Bad River Band's Pipeline Resistance

The tribe rejects Enbridge's easement renewal requests and $80 million offer to remove and remediate the threat. They utilize activism like blockades and occupations, a documentary, and legal challenges to amplify their cause and fight for their sovereignty and rights.

Despite opposition, Enbridge operates the trespassing pipeline until 2026, per the court. The Bad River Band remains determined to protect their land and water for future generations in this wider struggle over Native sovereignty and environmental stewardship.

1-Page Summary

Additional Materials

Clarifications

  • The "Sandy Lake March" deaths occurred in 1850 when the U.S. government forcibly relocated Ojibwe people from Wisconsin to Sandy Lake in Minnesota. Harsh conditions and inadequate supplies led to the deaths of hundreds of Ojibwe due to starvation and disease during the winter encampment. This tragic event highlighted the government's failure to fulfill its obligations to Native American tribes and the devastating impact of forced removal policies on Indigenous communities. The Sandy Lake tragedy remains a significant historical event in the context of Native American displacement and the violation of treaty rights.
  • Enbridge is a Canadian energy company that operates pipelines, including Line 5, which runs through the Great Lakes region. Line 5 is a controversial pipeline that carries oil and natural gas liquids from Wisconsin through Michigan to Ontario, Canada. It has faced scrutiny due to concerns about its age, condition, and potential environmental risks, especially in areas where it crosses water bodies like the Bad River and Lake Superior. The pipeline has been a focal point of debate between Enbridge, local communities, and indigenous groups over issues of land rights, environmental protection, and tribal sovereignty.
  • The Bureau of Indian Affairs (BIA) is a U.S. federal agency responsible for implementing laws and policies related to Native Americans and Alaska Natives. It manages reservations held in trust by the federal government and provides services to indigenous communities. The BIA works with tribal governments to promote development, manage natural resources, and enhance the quality of life in tribal communities. Established in 1824, the BIA has a long history of involvement in tribal affairs and is overseen by the Department of the Interior.
  • An easement renewal request typically involves a request by a company or entity to extend their legal right to use a specific piece of land for a particular purpose, such as for the operation of a pipeline. In this context, Enbridge, the company operating the pipeline, is seeking permission from the Bad River Band to continue using the land for their pipeline infrastructure beyond the original agreement's expiration date. The tribe's rejection of these renewal requests indicates their refusal to grant Enbridge the ongoing right to operate the pipeline on their land. This refusal is a significant aspect of the tribe's resistance efforts against the pipeline and reflects their commitment to protecting their territory and resources.
  • The legal battle over the pipeline and sovereignty involves disputes between the Bad River Band and Enbridge regarding the operation of Line 5 on tribal lands. The tribe is asserting its sovereignty rights to protect its land and water resources from potential harm caused by the pipeline. This legal conflict highlights broader issues of Native sovereignty and environmental stewardship in the context of resource development on tribal territories. The court's decision allowing Enbridge to continue operating the pipeline until 2026 despite the tribe's opposition adds complexity to the ongoing legal struggle.

Counterarguments

  • The Enbridge pipeline may provide significant economic benefits, including job creation and tax revenue, which can be important for the local and regional economy.
  • Modern pipeline technology and safety measures could potentially mitigate the risks of spills and environmental damage, and Enbridge may argue that they have plans in place to prevent and respond to any incidents.
  • The legal system may have provisions for eminent domain or other mechanisms that can allow for infrastructure projects to proceed even without unanimous consent, which Enbridge might argue is necessary for the broader public interest.
  • Some stakeholders might argue that the demand for oil and the energy it provides is currently necessary for society, and pipelines are a more environmentally friendly method of transportation compared to alternatives like trucks or trains.
  • There may be members within the Bad River Band or the broader community who support the pipeline due to perceived benefits or a belief in the possibility of coexistence between the pipeline and environmental stewardship.
  • Enbridge might contend that their operations are in compliance with federal regulations and that they are working within the legal framework to renew easements and continue operation.
  • The $80 million offer for easement renewal and remediation might be seen by some as a fair compensation for the use of the land, reflecting an attempt by Enbridge to negotiate and address the concerns of the Bad River Band.
  • The continuation of the pipeline operation until 2026 could be based on contractual agreements or legal rulings that take into account a variety of factors, including the broader energy needs and existing commitments.
  • N/A

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Joe Bates - Indigenous Resistance Against Big Oil

Bad River Band's History, Connection, and Land Rights

Joe Bates gives a detailed account of the historical connection between the Bad River Band of the Lake Superior Tribe of the Chippewa Indians and their ancestral lands, along with the challenges and threats they face regarding their territorial rights.

Bad River Band's Ancient Ties to Lake Superior, Wisconsin Land

Bad River Band's Migration and Cacoban Sloughs' Significance as Promised Homelands

Bates explains that the Bad River people have lived close to Lake Superior for millennia. He narrates their migration story, where they followed their creed's instructions and traveled the St. Lawrence Seaway to reach their promised homeland, where "the food grows on water" – a revered reference to the Cacoban Sloughs. This journey embodies the historical and spiritual claim the tribe has to its surrounding land.

Tribe's Forced Removal and Tragic "Sandy Lake March" Deaths

Moreover, Bates touches upon a dark period of the tribe's history, describing the Sandy Lake March. The Bad River Band members were violently ousted from their land and sent on a treacherous journey to Sandy Lake, Minnesota, in pursuit of provisions that were falsely promised. Tragically, many perished from starvation and exposure to the elements, casualties both at Sandy Lake and on the return march to their reservation.

1854 Treaty Established Bad River Reservation As Tribe's Permanent Homeland now Threatened

Bates then highlights the crucial role ...

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Bad River Band's History, Connection, and Land Rights

Additional Materials

Actionables

  • You can deepen your understanding of indigenous history by creating a visual timeline of the Bad River Band's significant events. Start by researching additional historical milestones and plotting them on a timeline you can draw or design using free online tools. This activity will help you visualize the tribe's journey and challenges over time, fostering a greater appreciation for their resilience and history.
  • Enhance your awareness of current indigenous rights issues by following and supporting indigenous-led organizations on social media. Look for groups that are actively working on issues like land rights and environmental protection. By engaging with their content, sharing their posts, and possibly contributing to fundraisers, you'll be participating in the modern advocacy for indigenous sovereignty.
  • Educate others about the importance of preserving indi ...

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Joe Bates - Indigenous Resistance Against Big Oil

Threats Posed by the Enbridge Oil Pipeline

The controversial installation and deteriorating conditions of the Enbridge oil pipeline on the Bad River Reservation prompt serious concerns regarding safety, environmental impact, and tribal sovereignty.

An unidentified speaker discusses the origins of the Enbridge oil pipeline conflict, revealing that the Bureau of Indian Affairs (BIA) authorized the installation of Line 5 pipeline without the consent of the Bad River Band. It was installed in the early 1950s, and the tribe had no voice in the original decision. The pipeline spans 12 miles across the reservation, with portions cutting through both tribal land and allotments owned by different Bad River members.

Pipeline Built With Substandard Methods now Deteriorating, Sections Exposed and at Risk of Rupture

Joe Bates labels the Line 5 pipeline a "ticking time bomb" due to its decayed state. Videos from the era of construction show hasty and inadequate methods, such as wrapping steel pipes in cloth and coating them in tar. Currently, there is uncertainty about the state of the entire 645-mile pipeline with over 100 anomalies confirmed by Enbridge Corporation within just the 12-mile span crossing the reservation. Additionally, a 40-foot section of the pipeline is suspended and unsupported due to erosion, presenting an immediate risk of rupture.

Pipeline Breach Could Catastrophically Affect Bad River, Lake Superior Ecosystems, and Reliant Communities

Bates voices concern that an oil spill could severely impact the Bad River and Lake Superior, endangering numerous ecosystems and ...

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Threats Posed by the Enbridge Oil Pipeline

Additional Materials

Counterarguments

  • The pipeline was installed in accordance with the regulatory and legal frameworks of the time, which may not have required tribal consent in the same way modern standards do.
  • Enbridge may have conducted maintenance and upgrades to the pipeline since its installation, which could mitigate some of the risks associated with its age and original construction methods.
  • Enbridge and other stakeholders might argue that the pipeline is subject to rigorous inspection and monitoring to ensure its integrity and prevent potential spills.
  • The economic benefits provided by the pipeline, such as employment opportunities and tax revenue, could be highlighted as positive aspects that balance against the concerns raised.
  • There may be existing agreements or compensation arrangements in place between Enbridge and the Bad River Band that address some of the impacts of the pipeline on tribal lands.
  • The potential environmental risk ...

Actionables

  • You can support indigenous-led conservation efforts by purchasing products from businesses that partner with tribes to protect natural resources. For example, look for companies that source materials sustainably and share profits with tribal communities, thereby reinforcing their economic ability to safeguard their lands.
  • Enhance your knowledge of environmental law by taking a free online course to understand how legislation can protect or harm ecosystems. This empowers you to engage in informed advocacy for stronger environmental protections, such as those that could prevent pipeline breaches.
  • Opt for a personal consumption audit to red ...

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Joe Bates - Indigenous Resistance Against Big Oil

Bad River Band's Pipeline Resistance and Activism

The Bad River Band has been actively resisting Enbridge's pipeline, rejecting easement renewal requests, demanding pipeline removal, and refusing financial compensation in a fight to protect their land and resources.

Tribe Denies Enbridge's Easement Renewal Requests, Demands Pipeline Removal

In January 2017, the Bad River Band decided not to renew Enbridge's leases. The tribe has demanded the shutdown, removal, and remediation of the pipeline corridor as outlined in the lease agreement, which states Enbridge is responsible for removing and remediating the pipeline corridor at the end of the business contract. Joe Bates, suggesting the tribe's stance against the pipeline, discusses offers from Enbridge for an easement in perpetuity on a tract of land the pipeline crosses, which the tribe has resisted.

Tribe Resists Pipeline With Blockades and Occupations

Although specific details regarding the Bad River Band's use of blockades and occupations weren't provided, it is evident that the tribe utilizes direct action to further their resistance. An illustrative example of such action dates back to 1995, when the tribe resisted a freight train crossing their reservation, resulting in a days-long standoff. More recently, activists occupied the Department of Natural Resources office in Madison, Wisconsin, protesting permits granted to Enbridge. This history of activism implies a pattern of physical resistance that likely includes blockades and occupation efforts.

While the information provided did not detail any legal challenges explicitly, the mention of other actions and the existence of a documentary titled "Bad River" ...

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Bad River Band's Pipeline Resistance and Activism

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Counterarguments

  • The pipeline may provide economic benefits to the region, including jobs and tax revenue, which could be lost if the pipeline is removed.
  • Enbridge might argue that they have safety and environmental protection measures in place to minimize the risk of spills or leaks.
  • There could be legal and contractual obligations that need to be considered, and Enbridge may argue that they have the right to operate the pipeline based on previous agreements.
  • Some community members or stakeholders might believe that financial compensation could be used to fund community projects or environmental conservation efforts.
  • Enbridge might claim that modern pipelines are a safer method of transporting oil and gas compared to alternatives like rail or truck.
  • There may be federal or state energy policies that support the operation of pipelines as part of a broader energy infrastructure strategy.
  • The use of blockades and occupations could be c ...

Actionables

  • You can express solidarity with the tribe by creating and sharing digital art that raises awareness about their struggle. Use social media platforms to post your artwork, tagging environmental and indigenous rights organizations to amplify the message. For example, if you're skilled in graphic design, you could create a series of images that depict the natural beauty of the Bad River area and the potential risks posed by the pipeline.
  • Start a personal blog to document and discuss similar environmental and indigenous rights issues in your area. By researching local concerns and presenting them in an accessible format, you can inform and engage your community. For instance, if there's a local park facing industrial threats, write about the park's importance and what can be done to protect it.
  • Engage in ethical consumerism by supporting ...

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Joe Bates - Indigenous Resistance Against Big Oil

Bad River Band vs. Enbridge Pipeline Legal Battle

The conflict between the Bad River Band and Enbridge over a controversial pipeline has escalated into a legal confrontation as the tribe fights to preserve their land, water, and sovereignty.

Enbridge Operates Pipeline Despite Tribe's Opposition, Citing Rights

Despite the opposition from the Bad River Band, Enbridge continues to operate its pipeline, transporting 540,000 barrels of oil per day. Joe Bates refers to this operation as trespassing by Enbridge on tribal land.

Court: Enbridge Trespassing on Reservation, No Shutdown Ordered

A federal court has recognized that Enbridge is indeed trespassing on the reservation. However, although the act of trespass was acknowledged by the court, it did not lead to an immediate shutdown of the pipeline. Consequently, the operation and associated threat will persist until at least July 2026.

Since 2013, directives have been issued to Enbridge to cease their pipeline operations under the Bad River Reservation, yet the company has disregarded these orders and kept their pipelines functioning. As of 2024, the legal battle wages on with no cessation of the pipeline's operation. The Bad River Band remains resolute in their purs ...

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Bad River Band vs. Enbridge Pipeline Legal Battle

Additional Materials

Counterarguments

  • Enbridge may argue that the pipeline is critical infrastructure for energy supply and economic stability, and that they are operating within the framework of existing laws and regulations.
  • It could be argued that the pipeline contributes significantly to the local and national economy, providing jobs and tax revenue.
  • Enbridge might contend that they have made efforts to engage with the Bad River Band and other stakeholders to mitigate concerns and find a mutually acceptable solution.
  • Some may argue that modern pipeline technology and safety measures reduce the risk of environmental damage, and that pipelines are a safer mode of transporting oil compared to alternatives like rail or truck.
  • There could be a legal perspective that emphasizes the complexity of land rights and easements, suggesting that Enbridge believes they have a legal basis to continue operations, pending the outcome of the legal process.
  • Proponents of the pipeline might argue that energy independence is a national security iss ...

Actionables

  • You can support indigenous rights and environmental protection by purchasing from Native-owned businesses. By consciously choosing where you spend your money, you're directly investing in the communities that are fighting for their land and sovereignty. Look for online directories of Native-owned businesses and make it a habit to buy from them, whether it's for everyday goods, gifts, or services.
  • Educate yourself on the legal processes surrounding land rights and environmental issues by reading up on similar historical cases. Understanding the precedents and outcomes of past legal battles can give you a better grasp of the complexities involved in the Bad River Band's situation. Use this knowledge to inform your conversations and advocacy efforts, ensuring you're accurately representing the challenges faced by indigenous communities.
  • Reduce your personal reliance on oil by ...

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