Who Owns the Water, Air, and the Land?

As the people gather in solidarity with the Standing Rock Sioux Nation, and the voices of Native American and justice activists are heard, I want to consider the issue at hand as fundamentally a land ethic issue.

Energy Transfer Partners and Dakota Access LLC are in the process of hooking up an extended pipeline that will connect existing crude oil pipeline to a tunnel pipeline to shunt crude oil to Illinois. The tunnel pipeline is planned to go underneath the Missouri River, and Lake Oahe–near the point where the Standing Rock Sioux Nation’s reservation uses the water for drinking water and irrigation. They are a poor nation whose water infrastructure is aging and constructed in such a manner that if a leak were to occur, it would essentially shut down the water supply for the people at Standing Rock Sioux reservation. Read More: dakota-pipeline-article from Inside Climate News.

The truth is that water, land, wildlife and people can not be owned. Each has the inalienable right to exist free by virtue of our common creation. What we can do is equitably share and protect resources to ensure that all people and wildlife have basic needs fulfilled within the limits of the land to provide them. In other words, human needs have to work within the ecological ability of the land and waters to provide them. This requires an ecological awareness.

Aldo Leopold advanced a land ethic in his writing, as he grew in his understanding of what a community really is:

Leopold understood that ethics direct individuals to cooperate with each other for the mutual benefit of all. One of his philosophical achievements was the idea that this ‘community’ should be enlarged to include non-human elements such as soils, waters, plants, and animals, “or collectively: the land.”  Aldo Leopold Foundation

Should the Energy Transfer Partners and the Dakota Access Pipeline operation have the right to build a pipeline underneath Lake Oahe and near the Missouri River that flows past the land  of the Standing Rock Sioux Nation? And will flow through four states and other communities?

The 1134-mile pipeline will carry 500,000 gallons of crude oil each day to Illinois. Seventeen banks stand to profit and are advancing money to make it happen.

Three U.S. agencies warned against it, but the U.S. Army Corps of Engineers used a corporate report from Dakota Access Pipeline to rule in favor of the construction. After a federal judged ruled in favor of the pipeline going forward, the U.S. Department of Justice and the Interior, and the Army together enacted a stay on that decision so that the EPA can reassess the original assessment of its safety.

As climate change impacts the world, should our society support continued drilling and transportation of crude oil to be burned and thereby increase warming of the planet and acidification of oceans? Of course not.

In the Southwest, where access to precious water will bring municipalities, tribal nations, corporate interests, and the U.S. government into negotiations over water rights, what values and ethics will we use to determine who gets what?

It is a question we must answer now.

Read about the proposed Dakota Access Pipeline

 

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