Kim Kalliber, Author at Tulalip News

Supreme Court Ruling Impacts Voting Rights in Indian Country

Suzette Brewer, Indian Country Today Media Network

Signaling the end of Civil Rights era reformation, the Supreme Court on June 25 ruled in Shelby County v. Holder that section four of the landmark Voting Rights Act is unconstitutional. According to voting rights experts and political scientists across the country, the ruling clears the way for states with poor histories in discrimination and voting violations to change election laws and enact procedures without federal preclearance or oversight.

In essence, the 5-4 decision issued by Chief Justice Roberts gutted the Act, ruling that while the section was necessary when the law was enacted by providing a formula for determining which jurisdictions would be covered under federal law, “current conditions” make that section unconstitutional. Previously, all or part of 15 states had been required to seek federal consent to any changes that may hinder the rights of minorities in elections.

For Indian country, the ruling has potentially devastating consequences for tribes residing in South Dakota and Arizona, as both states are specifically mentioned in the Act because of their repeated violations in gerrymandering, vote splitting, unreasonable polling placement and other discriminatory practices. While Charles Mix County in South Dakota is still under court order for preclearance until 2024, Shannon, Todd and Bennett counties are no longer required by law to apply for approval of their election laws.

“It’s incredibly terrifying for the Native community in South Dakota,” said Jana Kooren, interim executive director for the South Dakota office of the American Civil Liberties Union. “Striking down section four presents a real challenge to the tribes here because it essentially just made it easier for South Dakota to put up road blocks in allowing free, fair and accessible voting to Indian people.”

Election officials in South Dakota, however, minimized the impact of the decision, noting that the federal government rarely denied changes requested by the state.

“While it’s true that the ruling is limited in impact,” said Dr. Dan McCool, co-author of Native Vote, “what you’re going to see is a lot of law suits now coming out of section two of the act. And make no mistake, South Dakota holds the record for voting rights violations lawsuits.”

Section two of the Voting Rights Act, says McCool, specifically prohibits racial gerrymandering, vote splitting, and unfair voting practices, such as moving polling places to unreasonable places with the intent to hinder voter turnout.

“[The ruling] is also a very bad thing for tribes in Arizona,” said McCool, who is a professor of political science at the University of Utah and editor of The Most Fundamental Right: Contrasting Perspectives on the Voting Rights Act. “White election officials can now make changes in election laws without federal preclearance, and that could leave tribes vulnerable if local governments engage in election law changes that would have otherwise been rejected under section five. Even so, the rest of VRA is still intact, and that means tribal members must have equal opportunity to elect the candidates of their choice.”

But, he cautioned that it is now imperative that for section five to be effective that Congress will have to come up with another formula.

According to Kooren, efforts are already under way to seek a Congressional remedy to protect the rights of minority voters in states with historical problems in voting rights. She said that states under previous preclearance requirements are already rushing to pass new laws before Congress comes up with a new formula and that the reservations in South Dakota could be negatively affected until that happens.

“We’re encouraging Congress to pass a new formula that protects the rights of all voters,” said Kooren. “We believe that Shannon, Todd and Bennett counties should remain covered by the preclearance requirements because of the long, tortured history of abuses in those areas. And we need it to happen quickly.”

Regardless of yesterday’s ruling, said Kooren, the ACLU will continue to work on behalf of the tribes in South Dakota to ensure that the voting rights of tribal members remain intact.

“If necessary, we will continue to sue under section two,” said Kooren, “regardless of what happens to the coverage formula.”

In her scorching dissent issued from the bench, Justice Ruth Bader Ginsburg forcefully decried the Court’s circumvention of Congress’s authority to seek fair and equitable voting privileges for all Americans.

“The sad irony of today’s decision lies in its utter failure to grasp why the VRA has proven effective,” said Ginsburg. “The Court appears to believe that the VRA’s success in eliminating the specific devices extant in 1965 means that preclearance is no longer needed…. With that belief, and the argument derived from it, history repeats itself.”

L.A. launches nation’s largest solar rooftop program

By John Upton, Grist

The first small shoots of what will grow into a sprawling solar power plant have sprouted in Los Angeles.

L.A.’s Department of Water and Power is rolling out the country’s biggest urban rooftop program, which will pay residents for solar energy they produce in excess of their own needs. That will give residents a reason to install more solar capacity on their roofs than they can use in their homes.

On Wednesday, the first solar-generated watts produced under the Clean L.A. Solar program came from the rooftop of an apartment complex in North Hollywood. From the L.A. Times:

The goal of the effort, the brainchild of the Los Angeles Business Council, is to generate 150 megawatts of solar electricity, or enough to power about 30,000 homes. The council hopes to attract investments totaling $500 million from a growing list of companies that want to invest in L.A.’s push to go green by setting up large clusters of rooftop solar panels.

“It is really a no-brainer,” said Christian Wentzel, chief executive of Solar Provider Group, which installed the North Hollywood panels. Long-term contracts with the DWP cemented the Los Angeles company’s plans to invest $50 million in 17 projects to tap the region’s sun-drenched climate.

Four years in the making, Clean L.A. Solar serves as part of the city’s answer to the state mandate to generate 33% of electricity using renewable sources by 2020. DWP officials project the solar purchasing program will help L.A. reach 25% of the state mandated by 2016.

So if you start noticing Angelenos installing solar systems that are much bigger than they should need, don’t dismiss it as typical L.A. extravagance.

Colombian indigenous people protest road through ancestral territory

A sign announces the construction project

By Preorg, Intercontinental Cry

Young people in the Valle de Sibundoy, Colombia, are campaigning against a road to Brazil that cuts through their territory, including an ancient pathway used by their ancestors.“Our worry as indigenous people is that this project was not agreed with the people. There was no prior consultation, they don’t have our permission. This is our ancestral territory and they are bringing disequilibrium,” said Carlos Jamioy, of the Camentsa people of the Valle de Sibundoy, Putumayo.The valley in southern Colombia is home to two closely allied indigenous groups, the Inga and Camentsa, and in addition to being their traditional territory was granted to them in an old colonial title no longer recognized by the government. Now the Colombian government is building a road through their territory, from San Francisco to Mocoa, as part of a transport route to Brazil.

“They are making the road in a place where our ancestors walked, in a sacred path. It was a path we used to exchange goods with other peoples. We would share thought, identity, work, education,” said Carlos.

Carlos Jamioy is part of a group of young people in an organization called Colectivo de Trabajo Territorio Tamoabioy. The group is involved in bilingual education, teaching traditional crafts, and other cultural activities to help maintain the traditional culture of the indigenous people in the face of numerous modern challenges.

“The threats to our territory are firstly mining – there are companies in the exploration phase at the moment. Secondly, the megaproject of the road from San Francisco to Mocoa. This brings a disequilibrium, cultural, economic, political, educational. It brings the loss of identity among the Inga-Kamentsa people here in the Valle de Sibundoy. A different culture comes that we are not able to resist and we are going to lose our own thought, the spirit of our thought and our link to Madre Tierra.”

Some indigenous campaigners in the valley have begun to try to assert their right to be consulted. However, they say that when they wrote to the government about it, they received a reply that their community did not exist, perhaps a reference to their not holding a communal title in the relevant land.

Pablo Tisioy, another member of the group, says that the potential problems of the new road to Brazil affects everyone.

“Colombia tries to hide what happens here. When people don’t know the natural riches of the Valle de Sibundoy they don’t care about it. So we are trying to explain the problems happening here to other people and trying to prevent the environmental massacre the multinationals would bring. They are trying to exploit the Amazon and this is a global problem, not just regional.”

Jamioy agrees. “They are building the road over sources of water, where there are springs, where the rivers are born. They are breaking up virgin mountain, causing erosion and other environmental problems. They are extracting material to make the road too. They also haven’t asked for permission for this, they don’t have the consent of the people. We care for and protect our rivers”

Jamioy says the Putumayo River is already flooding more easily since the works began and they are concerned that this is just the beginning. “We say no to mining, not exploration, nothing,” said Jamioy. “We think the road is to help with the extraction of natural resources.”

Their territory also has mining concessions on it, including some held by multinationals AngloGold Ashanti and AngloAmerican. They fear the mining will bring not only environmental destruction but social disruption and even violence.

“We know that militarisation has happened in other areas when mining arrives. People aren’t allowed into the areas of exploration and exploitation. So this is one of the problems that could happen here, and we could see, for example, forced disappearances,” said Jamioy.

The mining has galvanized some of the community into action says Tisioy. “For the last four or five years we have been confronting the problem of mining here. We have mobilized and are searching for alternatives to this type of development.”

But confronting big mining companies is not easy. “Some indigenous leaders sell themselves, they sign to allow multinationals to work here. But there are also leaders who support the mobilisations. But we have a problem that our governors change every year, so one will oppose mining and the next won’t follow him.[…] The multinationals also arrive with armed groups and force people to sign papers.”

“We invite everyone, the whole planet, to see that it is not just us affected,” says Carlos Jamioy. “It is also in the city. The whole planet is being put out of equilibrium. The mission that we all have as a planet is to care for Madre Tierra. The multinationals looking for natural resources are destroying it.

“Our invitation is that everyone, all organizations, including capitalist countries, hold the Madre Tierra in their hearts.”

The Colectivo de Trabajo Territorio Tamoabioy (see their blog) are looking for people to help them in their campaigns, both with resources and publicity.

Environmentalists demand new climate analysis for Keystone XL

Juliet Eilperin, Washington Post

Just a day before President Obama announced he would only approve theKeystone XL pipeline if it “does not significantly exacerbate the climate problem,” six environmental groups quietly lodged a protest with the State Department charging it would do exactly that.

The 48-page letter obtained by The Washington Post demands the State Department, which has jurisdiction over the pipeline permit, prepare a new supplemental environmental impact statement to take into account several new analyses that they say prove the project will speed heavy crude extraction in Canada’s oil sands region.

The State Department is currently responding to more than 1.2 million comments on the Supplemental Draft Environmental Impact Statement it issued March 1, which it plans to finalize this fall. In that document, the department suggested denial of TransCanada’s permit would have little overall climate impact because the oil would be extracted and shipped out anyway, largely by rail.

“Approval or denial of any one crude oil transport project, including the proposed Project, remains unlikely to significantly impact the rate of extraction in the oil sands, or the continued demand for heavy crude oil at refineries in the U.S.,” the draft assessment reads. “Limitations on pipeline transport would force more crude oil to be transported via other modes of transportation, such as rail which would probably (but not certainly) be more expensive.”

By contrast, the six advocacy groups–Bold Nebraska, Center for Biological Diversity, National Wildlife Federation, Natural Resources Defense Council, Oil Change International, and the Sierra Club–said recent evidence does not support this conclusion.

“Since the close of the comment period, evidence of inaccuracies and bias in the State Department’s review of Keystone XL has been steadily mounting,” says Doug Hayes, a Sierra Club attorney. “This new information demonstrates that the review relies on an overly-simplistic, outdated view of a rapidly-changing oil market.”

They cite several reasons for redoing the assessment’s climate analysis, including a Goldman Sachs report that questions the extent to which rail shipments can replace a pipeline slated to transport 830,000 barrels of crude per day; the Royal Bank of Canada’s estimate that denying the project would jeopardize $9.4 billion in oil sands development; and the fact that the Environmental Protection Agency filed comments in April suggesting the State Department downplayed the amount of greenhouse gas emissions linked to the project’s construction. EPA estimated the pipeline’s annual climate impact–taking into account the carbon intensity of Alberta’s oil compared to average crude oil–would be 18.7 million metric tons of carbon from the time of extraction to the time it reaches gas stations.

The groups also call on State Department officials to take into account the higher “social cost of carbon” the administration is now using, which aims to capture the negative climate impact of activities that release carbon into the atmosphere. This month the Office of Management and Budget raised that figure by roughly 60 percent.

Will the State Department do a new assessment? That remains to be seen, since the department is in the midst of finalizing its environmental impact statement, and it did not respond immediately to a request for comment Thursday.

Engaging Men to Say NO MORE to Violence Against Women and Girls

By Lynn Rosenthal, White House Advisor on Violence Against Women, June 21, 2013

This week, men across the country united to say NO MORE to violence against women and girls by engaging in online trainings, workshops, and community dialogues. These activities were led by NO MORE , an alliance of service providers, awareness organizations and supporters in the private sector that have come together to advance the movement to end domestic violence and sexual assault. The focus of NO MORE Week has been on the role of men as fathers and mentors in teaching our children about safe and healthy relationships built on equality, respect and trust. This includes having honest conversations about abuse and sexual assault. As President Obama has made clear, sexual assault is shameful and disgraceful and a crime—in the armed forces and everywhere.

We applaud the men who are taking a stand against abuse. This includes fathers, brothers, cousins, and friends who are supporting the women and girls in their lives and teaching young men about healthy relationships. Fathers can find specific resources on talking to sons about the importance of treating women with respect from the coalition of organizations that comprise NO MORE.

Since his first day in office, President Obama has made combatting violence against women and girls a priority through multiple fronts. The establishment of the first-ever White House Council on Women and Girls, and the appointment of the first White House Advisor on Violence Against Women, are just two examples. Here in the Office of the Vice President, we are continuing to champion Vice President Biden’s hard work to prevent and respond to domestic violence since he authored the first Violence Against Women Act in 1994. Through the 1is2Many campaign, we are combatting dating violence, abuse, and sexual assault by raising awareness and providing practical tools, like the Circle of 6 iPhone app. But we know that we cannot do this work alone. We know that so much of this hard work is being done by organizations of advocates like NO MORE, through its efforts to break through the silence surrounding these problems and to get parents, especially men, to talk about the issue.

And this all starts with a conversation, which is why NO MORE Week has promoted a national dialogue to engage men in discussing these difficult topics. Bringing these issues to light is good for our children, good for our families, and good for our country—and should be discussed not only during NO MORE week, but every week.

Strengthening our Federal Partnership with Tribal Nations

By Sally Jewell, Secretary of the Interior, whitehouse.gov

This week represents another important step forward in the nation-to-nation relationship between Indian Country and this Administration. Yesterday, President Obama signed an Executive Order establishing a White House Council on Native American Affairs, which will help to continue to strengthen our federal partnership with Tribal Nations.

As Secretary of the Interior, I am honored to chair this Council, which will bring together federal departments and offices on a regular basis to support tribes as they tackle pressing issues such as high unemployment, educational achievement and poverty rates. By further improving interagency coordination and efficiency, the Council will help break down silos and expand existing efforts to leverage federal programs and resources available to tribal communities.

Throughout the year, the Council will work collaboratively toward advancing five priorities that mirror the issues tribal leaders have raised during previous White House Tribal Nations Conferences:

1) Promoting sustainable economic development;
2) Supporting greater access to and control over healthcare;
3) Improving the effectiveness and efficiency of tribal justice systems;
4) Expanding and improving educational opportunities for Native American youth; and
5) Protecting and supporting the sustainable management of Native lands, environments, and natural resources.

Identifying these priority areas was just one of the many beneficial outcomes of the White House Tribal Nation Conferences, which have been held each year since the President came into office. That is why it’s so important that yesterday’s Executive Order also takes the step of codifying the White House Tribal Nations Conferences as an annual event to ensure that the Executive Branch will continue to meet directly with federally recognized tribal leaders each year.

We know the power of these conferences to strengthen the nation-to-nation relationship between the United States government and tribes and want to ensure that they continue.

The federal government’s unique trust relationship with tribes, as well as distinct legal and treaty obligations, calls for a priority effort to promote the development of prosperous and resilient tribal communities. Yesterday’s Executive Order underscores this Administration’s promise to engage in truly collaborative partnerships and meaningful dialogue with tribal communities.

I’m pleased to play a role in the President’s historic action to further advance the policies of tribal self-determination and self-governance that will help tribes build and sustain their own communities.

Stealth moving to Langley, B.C.

Genna Martin / The HeraldWashington Stealth players thank the fans at Comcast Arena following a win over Edmonton in April. — Genna Martin / The Herald
Washington Stealth players thank the fans at Comcast Arena following a win over Edmonton in April.

Source: The Herald

The Washington Stealth are leaving Everett.

The National Lacrosse League’s Board of Governors unanimously approved the franchise’s relocation to British Columbia on Thursday, NLL.com reported. The move is effective immediately. The team will play at the Langley Events Centre in Langley, B.C.

The Stealth played four seasons in Everett after relocating from San Jose, Calif., after the 2009 season.

Although the team enjoyed considerable success on the field — appearing in three NLL title games and winning the championship in 2010 — attendance at Comcast Arena lagged well below the league average.

“We are excited to bring the National Lacrosse League back to BC,” Stealth owner Denise Watkins told NLL.com. “Our goal is to bring our brand of Stealth lacrosse with us and continue the strong tradition we have built into the Greater Vancouver market.”

After mass bumblebee die-off, activists call for new pesticide rules

jetsandzeppelinsIf only bees could read. — jetsandzeppelins
If only bees could read.

By John Upton, Grist, www.grist.org

Even as Oregonians are mourning and memorializing the tens of thousands of bees killed in a recent pesticide spraying, they’re also trying to prevent other bees from meeting a similarly tragic end. That means keeping the pollinators away from the poisoned trees that caused the deaths. And for some activists, it also means pushing for new rules and policies to curb use of neonicotinoid insecticides.

The tragedy started a week and a half ago when a landscaping company sprayed Safari neonic insecticide over 55 blooming trees around a Target parking lot in Wilsonville, Ore. Soon thereafter bees started dropping dead. The number of bees killed in the incident has risen to more than 50,000, making it the biggest known bumblebee die-off in American history. The insecticide was reportedly sprayed in an attempt to kill aphids.

bumblebee net — Mace Vaughan / Xerces Society

To stop the slaughter, nets have been draped over the insecticide-drenched linden trees to prevent pollinators from reaching their flowers. The time and equipment needed for the draping were donated by five cities, three landscaping companies, and volunteers, according to the Xerces Society, a nonprofit that works to conserve insects and has been helping to coordinate the effort.

Xerces Executive Director Scott Black told Grist that the Wilsonville die-off, and a similar but less dramatic Safari-induced die-off in a linden tree in Hillsboro, Ore., represent the “tip” of a pollinator-killing iceberg.

“These insecticides are used throughout the country in both urban and agricultural environments,” Black said. “If these events had not happened over areas of concrete, I am not sure anyone would have ever noticed. The insects would just fall into the grass to be eaten by birds as well as ants and other insects.”

Black said his group will send letters to local and state agriculture departments across the country, urging them to end the use of neonicotinoid insecticides on trees, lawns, and for other cosmetic purposes on lands that they manage. He said such a policy is in place is Ontario.

(Separately, beekeepers and activists are suing the federal government in an effort to ban the use of neonicotinoids in America. The pesticides are deadly to pollinators and their use is being banned in Europe.)

Xerces also wants warning labels mandated in aisles of stores where insecticides are sold to help consumers understand their hazards.

“In urban areas, most of the pesticides used are purely cosmetic. It’s to have a perfect lawn. It’s to have a perfect rose. It’s to have a linden tree that doesn’t have aphids that drop honey dew,” Black said. “Losing valuable pollinators, such as bees, far outweighs the benefits of having well-manicured trees and lawns.”

A bumble bee protected from insecticide-covered tree — Mace Vaughan / Xerces Society

John Upton is a science fan and green news boffin who tweets, posts articles to Facebook, and blogs about ecology. He welcomes reader questions, tips, and incoherent rants: johnupton@gmail.com.

Big News from the White House

Source: Quinault Nation

TAHOLAH, WA (6/26/13)–“This is an exciting development in advancing a new era of U.S.-Tribal relations,” exclaimed Fawn Sharp, President of the Quinault Indian Nation and the Affiliated Tribes of Northwest Indians regarding today’s establishment of the White House Council on Native American Affairs by President Barack Obama.

President Obama established the council in an executive order with the stated objective of promoting and sustaining “prosperous and resilient Native American tribal governments” and in recognition of a government-to-government relationship with tribes throughout the country. “This relationship is set forth in the Constitution of the United States, treaties, statutes, Executive Orders, administrative rules and regulations, and judicial decisions. Honoring these relationships and respecting the sovereignty of tribal nations is critical to advancing tribal self-determination and prosperity,” says the executive order.

“This executive order comes from a President who has taken the time to listen to the American Indian people. It is a document that recognizes our history and struggles and acknowledges our interests and objectives. On behalf of the Native people and the tribes I represent in my elected capacities, I thank him for his foresight and the intent of this very important decision,” said Sharp. The White House Council on Native American Affairs is primarily coordination. But it could benefit Tribes by addressing the chronic problem of tribal government and tribal program underfunding which had ranged from 50 to 80 percent, said Sharp.

Sharp pointed out that the council is to coordinate its policy development through the Domestic Policy Council which tends to create yet another layer of a federal policy process and was more direct through inter-agency collaboration. There does not appear to be a mechanism for direct tribal government engagement with the Council on “tribal specific” policy and the establishment of effective inter-governmental negotiation mechanisms. The new Council appears to be solely concerned with federal funds, but may not address the conveyance of funds through states to Indian governments. Finally, President Sharp pointed out that the new council does not appear to be concerned with urban and rural Indians and Alaskan Natives and Hawaiian natives now constituting more than half of the total native population in the United States.

The Executive Order goes on to say, “As we work together to forge a brighter future for all Americans, we cannot ignore a history of mistreatment and destructive policies that have hurt tribal communities. The United States seeks to continue restoring and healing relations with Native Americans and to strengthen its partnership with tribal governments. Our more recent history demonstrates that tribal self-determination — the ability of tribal governments to determine how to build and sustain their own communities — is necessary for successful and prospering communities. We further recognize that restoring tribal lands through appropriate means helps foster tribal self-determination.”

The Executive Order establishes a national policy to ensure that the Federal Government engages in a true and lasting government-to-government relationship with federally recognized tribes in a more coordinated and effective manner, including by better carrying out its trust responsibilities. This policy is established as a means of promoting and sustaining prosperous and resilient tribal communities. “Greater engagement and meaningful consultation with tribes is of paramount importance in developing any policies affecting tribal nations,” it reads.

Among other policy direction, the order asserts that it is the policy of the United States to promote the development of prosperous and resilient tribal communities by promoting sustainable economic development, greater access to health care, improvement of tribal justice systems, greater educational opportunities and improved protection of tribal lands, natural resources and culture.

The chair of the new council will be the Secretary of Interior and members will include the heads of numerous federal executive departments, agencies and offices. The order lays out funding sources, meeting frequency, processes for making recommendations to the President and various other objectives. Interior Secretary Sally Jewell has stated she will announce further details related to council as soon as tomorrow.

The formation of a White House Council on Native American Affairs recalls the Johnson and Nixon Administrations’ Council on Indian Opportunity (1968-1974) which was chaired by the Vice President of the United States, said Sharp. Like the Johnson and Nixon Council the new White House Council is intended to coordinate federal programs and the use of resources to be delivered to tribal communities. Unlike the earlier Council, the new 31 member Council does not have representatives of tribal governments. Unlike the earlier National Council, the White House Council does not have actual broader policy powers since the earlier body actually conducted meetings around the country, had the Vice President as the Chair and included officials from both the US government and tribal governments.

“It is true that the tribes have struggled tremendously through the decades in this country. But from generation to generation we have also proved our resiliency. We have endured much, and even today there are many who fail to understand us. We do appreciate President Obama’s intents and actions. But as we proceed in the improvement of the federal/tribal government-to-government relationship, it is important that tribal leadership be included in the planning and implementation process at every opportunity,” said Sharp.

“The bottom line is that it is no small thing that the president is doing here, just as it is no small thing that he has embraced Indian Country*. Again, I thank him for his wisdom, his heart and his foresight,” said Sharp.

*In May 2008, Barack Obama became the first American presidential candidate to visit the reservation of the Crow Nation. During his trip he was adopted by Hartford (now deceased) and Mary Black Eagle as a member of the nation. Hartford chose the name “Awe Kooda Bilaxpak Kuxshish,” or ”One Who Helps People Throughout This Land” to formally give to Obama, and the President has had the wisdom and sensitivity to embrace his adopted name and family with dignity and respect.

White House Council on Native American Affairs Executive Order in full:

http://www.whitehouse.gov/the-press-office/2013/06/26/executive-order-establishing-white-house-council-native-american-affairs

Occupy and Idle No More could team up to block pipelines going east

By John Ivison, National Post, June 27,2013

The failure of Canadian oil and gas producers to get world prices for their product costs the country $28-billion a year, according to the last budget, reducing federal government revenues by $4-billion. No wonder Ottawa has been so keen to push projects that would help get natural resources to Asian and European markets.

Part of the solution is to build new pipelines, but the news on that front has been decidedly mixed. The Northern Gateway pipeline to Kitimat, B.C., looks as dead as a Norwegian blue parrot. The regulatory process is still ongoing, but negative public sentiment in B.C. makes it look a long shot.

The Keystone pipeline between Alberta and the Gulf Coast hangs in the balance, at the mercy of Barack Obama’s new climate change action plan. The President said Tuesday the project will only be given the go-ahead if it does not “significantly exacerbate” carbon pollution. Quite what that means remains a riddle, wrapped in a mystery, inside an enigma. Like Churchill’s famous quote about Russia, the key to that riddle may be America’s national interest. The Harper government argues this would be best served by North American energy security, where Canadian crude replaces equally high carbon imports from Venezuela and Nigeria. It’s not yet clear whether the President is convinced.

Such is the uncertain future of both projects that great store has been placed in nascent plans by both Enbridge and Trans Canada Corp. to transport crude eastward to refineries in Quebec and New Brunswick, from where it could be exported. (Enbridge is proposing to reverse an existing oil pipeline between Sarnia and Montreal. Line 9A from Sarnia to Westover, near Hamilton, has been granted regulatory approval; public hearings on Line 9B to Montreal will begin this fall. Trans Canada is proposing to convert existing natural gas pipelines for oil transportation between Alberta and tank terminals in Quebec City and Saint John, N.B.).

Politicians of all stripes have shown unusual solidarity in support of moving oilsands crude eastward. The good news for the pipeline companies is that there has not been concerted opposition from environmental and native groups to their proposals – until now.

Last Thursday, a group of environmental protestors took over a pumping station north of Hamilton. The action, dubbed Swamp Line 9, was aimed at blocking plans by Enbridge to reverse Line 9’s flow pipeline, which would allow it to eventually pump up to 300,000 barrels of diluted bitumen from the oilsands.

Early Wednesday, police raided the Enbridge pumping station and arrested 20 people.

But that is unlikely to be the end of the matter. The protest was supported by numerous environmental groups, Idle No More and the Occupy movement. This is the activist equivalent of a camel – the veritable horse designed by committee. Each group has its own agenda – the environmental NGOs want to make Energy East a proxy war for the oilsands and bottleneck production on the Prairies; Idle No More threatens more non-violent protests as part of its Sovereignty Summer, unless Ottawa recognizes the rights of native groups to say no to development on their traditional lands (among other demands); while Occupy calls for a “total restructuring of the political and economic system” no less.

Line 9 has been carrying conventional crude from east to west for 20 years without incident, but this protest has been sparked by claims that diluted bitumen from the oilsands is more acidic and corrosive, and thus more likely to spill
Line 9 has been carrying conventional crude from east to west for 20 years without incident, but this protest has been sparked by claims that diluted bitumen from the oilsands is more acidic and corrosive, and thus more likely to spill.

With uncanny timing, the protest culminated just as the U.S. National Research Council released its findings on the transportation of diluted bitumen, concluding that claims by such groups as Friends of the Earth are false. “Diluted bitumen has no greater likelihood of accidental pipeline release than other crude,” the report said.

However, as native environmental activist Clayton Thomas Muller pointed out, Enbridge’s track record on leaks has done the protesters a big favour. It was an Enbridge pipeline that spilled 3.3 million litres of oil in Michigan and the company reported another leak in northern Alberta last weekend.

“Their narrative is unraveling with every spill,” he said.

The Sovereignty Summer is still in its infancy – rallies in sympathy with the Swamp Line 9 protest across the country were sparsely attended Tuesday. But if unrest becomes more coordinated, this could be the start of a long, hot summer.

Line 9 runs through the traditional lands of the Six Nations of the Grand River in southwestern Ontario. As the Six Nations proved in the Caledonia land dispute, they are a far bigger impediment to development they consider unwelcome than a rag-tag band of environmentalists.

While the sea may refuse no river, the quest for Canadian crude to reach tidewater is proving a good deal more problematic.