Leech Lake
Band members challenge Enbridge pipeline
By Molly Miron
Bemidji
Pioneer
Four
Leech Lake Band of Ojibwe members
are seeking Tribal Court
action to halt the construction of an oil pipeline.
In addition, close to 700
band members have signed a petition requesting a binding referendum to decide
whether the Tribal Council should abide by the agreement between Enbridge
Energy and the Leech Lake Band for expansion and rights of way easements for
the pipeline to carry oil from Canada.
The plaintiffs in the civil
action, dated July 21, are Elizabeth Sherman, Sandra Nichols, Vikki Howard and
Harry Greene. They have requested a restraining order against construction of
the Enbridge “Alberta Clipper and Southern Diluent Pipelines” within the
boundaries of the Leech Lake Reservation.
The plaintiffs also request
removal of the original pipeline in place since 1949. They are hoping to
reverse the May 14 Leech Lake Tribal Council agreement to the expansion of the
pipeline in a 20-year lease with Enbridge for $10 million.
Meanwhile, Enbridge is
awaiting Secretary of State Hillary Clinton’s signature on a permit to begin
construction. The signing is expected early next month, according to a letter
from the plaintiffs to Leech Lake Tribal Judge Joe Plumer. Plumer assigned the
lawsuit to Leech Lake Tribal Judge B.J. Jones.
Although the plaintiffs and
Marty Cobenais of the Indiugenous Environmental Network said they served the
notice of civil action at the Bemidji Enbridge office, Denise Hamsher, director
of public, government and regulatory affairs for Enbridge, said the company has
not been formally served as of Wednesday.
Hamsher said Enbridge has
approval for the expansion from the Minnesota,
North Dakota and Wisconsin
public utility commissions, 1,400 landowners and the Leech Lake Tribal Council.
“We have to respect the
government that’s been elected,” Hamsher said in a telephone interview from the
Superior, Wis.,
Enbridge headquarters.
She also noted that there
have been 30 public meetings in the last two years to discuss and answer
questions about the project.
“The suggestion that this
hasn’t been looked at carefully is just not fair,” Hamsher said. “These are big
projects. Sometimes you can’t please everybody involved.”
Frank Bibeau, legal director
for the Leech Lake Band, agreed with Hamsher that the issue has been thoroughly
discussed. He also expressed doubt about some of the points in the lawsuit. For
example, the petitioners request a written remediation plan, but he said that
would be something Enbridge would work out with state and federal government
agencies.
He said Friday that the
tribal land involved in the pipeline expansion is about three acres; the rest
is privately held property or land owned by other entities. The pipeline
expansion would cover a 40-wide corridor adjacent to the existing pipeline.
“They’re asking things of the
wrong parties,” Bibeau said.
Hamsher said 3,000 workers,
some of whom would be Leech Lake Band members, are waiting to work on the
pipeline expansion.
Bibeau cited job fairs where
tribal members were recruited for the project.
Cobenais said the plaintiffs, under the title “In Zha Wen Dun Aki” meaning in Ojibwe
“Loving Mother Earth,” seeks to stop Enbridge from transporting “dirty
Tar Sands oil” in the new pipelines.
Hamsher said alternative
forms of energy are not adequate to meet the country’s needs and she thinks
most people approve of Enbridge securing a supply of oil from a friendly
neighbor, Canada.
“What they want not to happen
is the Tar Sands,” Bibeau said, referring to the Canadian oil resource. “If we
were to stop the pipeline, we’re not going to stop the Tar Sands.”
Cobenais said a protest of
the pipeline expansion is scheduled for 1-6 p.m. July 29 at the Lake Bemidji
waterfront. He also encourages people to write to Clinton urging her not to grant the permit at
www.dirtytarsands.com