Dear relatives,
I was recently told a spill of “drilling fluid” sounds “innocuous.” It’s not–and there’s evidence from an expert report that indicates that during drilling, “1.4 million gallons” of potentially toxic drilling fluid were lost in Lake Oahe in over 700 events. This is the kind of information we are working to unveil in a case where 8,000 documents are under seal, and 500,000 pages of pipeline safety documents have been produced in the past two months. Our battle to unseal critical #NoDAPL documents that contain information related to pipeline safety continues.
#ICYMI, on July 3rd, WPLC filed a motion to intervene as a non-party in the ongoing legal battle involving Energy Transfer LP (“ET”) SLAPP against Greenpeace et al., in a legal move to protect Lake Oahe, Water Protectors, and the public right to know vital information related to pipeline safety and corporate accountability. ET filed a response to WPLC’s Motion last week opposing intervention. Greenpeace Defendants also filed a short response.
Today, we filed a reply, reaffirming the importance of unveiling “confidential” and “highly confidential” documents and emphasizing the need for transparency and public safety, as well as the importance of the public’s access to critical information regarding the pipeline's construction and operation. An expert report in the case indicates 1.4 million gallons of potentially toxic drilling fluid spilled into Lake Oahe in over 700 incidents. This and other safety violations that have not been adequately disclosed to the public or relevant governmental agencies.
Meanwhile, DAPL continues operating without proper permits since 2020 and ET has an abysmal safety record, having been federally debarred by the EPA due to 48 criminal convictions in Pennsylvania stemming from concealment and failure to report drilling fluid leaks and use of unapproved additives such as diesel fuel resulting in water contamination in 2017.
Energy Transfer has called WPLC’s Motion “unprecedented.” We are doing this work because we believe the public has a fundamental right to know about the potential risks to the water. We know it’s a long road, but we are here for the long-haul. This work is for generations to come; our commitment to safeguarding our relatives and the water began at Standing Rock and remains steadfast.
I am proud of the work WPLC is doing to protect the water of Lake Oahe, the Missouri River, surrounding ecosystems, and the public’s right to access vital information. The work we do comes from the heart and stems from sacred obligations staff each carry to do the best for our relatives and Peoples. We are moved by a deep sense of accountability and guided by the belief in the interconnectivity and sacredness of life.
WPLC Staff Attorney, Summer Blaze Aubrey, and also counsel on this case, reflected on the importance of this work: “Corporations often favor expediency over safety – profits over all living things. At WPLC we strive to show when this is the case and all of our Relatives are impacted. We hold fast to our principles and will continue on in the work, no matter how long it takes."
WPLC is represented by North Dakota local counsel Chad Nodland, attorney Patricia Handlin, Natali Segovia and Summer Blaze Aubrey from Water Protector Legal Collective.
Born out of the #NoDAPL Movement at Standing Rock, the Water Protector Legal Collective is a 501(c)(3) Indigenous-led legal nonprofit that provides support and advocacy for Indigenous peoples and Original Nations, the Earth, and climate justice movements. Formerly based in North Dakota, WPLC organized representation for and represented hundreds of Water Protectors arrested during protests against DAPL at Standing Rock to protect the Water, cultural and sacred sites, and treaty lands impacted by the pipeline construction between August 2016 and February 2017. WPLC continues to represent Water Protectors, actively defends against SLAPP suits, and advocates for corporate accountability in harmonization with obligations under state, federal, and international human rights law.
Your continued support of our work makes this fight possible. Until Indigenous Peoples, Nations, lands and waters are no longer seen as environmental sacrifice zones, we know there is always work to be done.
Seven years later, we are still standing with Standing Rock. Thank you for standing with us.
Mni Wiconi. Water is Life.
Urpillay sonqollay,
From the heart,
Natali Segovia, Esq. (Quechua)
Executive Director and Senior Attorney