Native Americans in South Dakota continue to resist TransCanada’s Keystone XL Pipeline. This summer, they plan to challenge the state’s recertification of the pipeline, arguing that the company should be required to restart the permitting process from the beginning because of changes since its original approval in 2010. The Yankton Sioux Tribal Council intends to file a lawsuit if the state recertifies the pipeline.
Additionally, Native Americans have maintained an encampment near the pipeline’s proposed route for more than a year, vowing to block construction if it begins. TransCanada has already spent $2.5 billion more than what it budgeted in capital costs due to delays caused by social resistance, and that number will climb as long as its social license remains absent.
The pipeline’s proposed route does not traverse any reservations, but the tribes are citing historic treaty rights—which encompass large swaths of South Dakota—as the legal basis for their challenges. This strategy is commonly used by First Nations in Canada, and now appears to be emerging as a tactic that could significantly alter the business landscape in the US. Sources: New York Times, Reuters