The Black Snake’s Shadow: A Decade of Conflict Over the Dakota Access Pipeline
In the autumn of 2016, a remote stretch of North Dakota prairie transformed into the epicenter of a global environmental and Indigenous rights movement. What began as a local protest by the Standing Rock Sioux Tribe against an oil pipeline quickly escalated into a monumental clash, drawing thousands of "water protectors" from around the world. The Dakota Access Pipeline (DAPL), a $3.8 billion project designed to transport crude oil from North Dakota’s Bakken oil fields to Illinois, became more than just an infrastructure development; it became a potent symbol of environmental justice, Indigenous sovereignty, and the enduring tension between economic development and cultural preservation.
The historical context of the Dakota Access Pipeline is deeply rooted in centuries of land dispossession, broken treaties, and the struggle for Indigenous self-determination. To understand the fervor and commitment of the Standing Rock Sioux and their allies, one must look beyond the pipeline itself and into the foundational narratives of the Great Sioux Nation.
A Legacy of Broken Promises: The Great Sioux Nation and Treaty Lands
The Standing Rock Sioux Tribe is one of several tribes that constitute the Oceti Sakowin, or Seven Council Fires, of the Great Sioux Nation. Their ancestral lands once spanned vast swaths of the northern Great Plains, secured by treaties with the U.S. government, most notably the Fort Laramie Treaties of 1851 and 1868. These treaties, like many others, were systematically violated as the American frontier expanded, leading to significant land cessions and the forced relocation of tribes onto reservations.
The 1868 Fort Laramie Treaty, in particular, established the Great Sioux Reservation, encompassing much of what is now western South Dakota, including the sacred Black Hills. While subsequent acts of Congress and executive orders drastically reduced this territory, the spirit of these treaties and the historical memory of their violation remain central to the Standing Rock Sioux’s identity and their claims to ancestral lands and resources. "We have been here since time immemorial," explained tribal leaders, emphasizing their spiritual and cultural connection to the land and, crucially, to the water.
The Missouri River, which forms the eastern boundary of the Standing Rock reservation and is the primary water source for the tribe, holds immense cultural and spiritual significance. It is not merely a utility; it is the lifeblood of their community, essential for drinking water, irrigation, and sustaining traditional practices. The Lakota phrase "Mni Wiconi" – Water is Life – became the rallying cry of the anti-DAPL movement, encapsulating this profound connection.
The Pipeline’s Genesis and the Seeds of Conflict
The Dakota Access Pipeline project was proposed by Energy Transfer Partners (ETP) in 2014. Spanning 1,172 miles across four states (North Dakota, South Dakota, Iowa, and Illinois), it was designed to carry approximately 570,000 barrels of crude oil per day. The proposed route raised immediate concerns for various communities, but it was the final segment – planned to cross beneath the Missouri River at Lake Oahe, just upstream from the Standing Rock Sioux Reservation – that ignited the fiercest opposition.
Initially, the pipeline’s route was considered for a crossing near Bismarck, North Dakota’s state capital. However, concerns were raised about the potential contamination of Bismarck’s municipal water supply in the event of a spill. The route was subsequently shifted south, away from Bismarck’s predominantly white population, and closer to the Standing Rock Sioux Reservation. This decision immediately fueled accusations of environmental racism and a double standard, where the risks deemed unacceptable for one community were imposed upon another, historically marginalized one.
For the Standing Rock Sioux, the pipeline posed multiple existential threats. Firstly, the proximity of the crossing to their reservation meant that any spill would directly imperil their sole source of drinking water, a catastrophic scenario. Secondly, the construction disturbed sacred ancestral burial grounds and cultural sites, many of which had not been fully surveyed or protected. These sites represented the physical manifestation of their history, their spiritual practices, and the graves of their ancestors. "To desecrate these lands is to erase our past," said Standing Rock Sioux Tribal Chairman Dave Archambault II at the time.
The Rise of the Water Protectors and the Oceti Sakowin Camp
The tribe’s initial efforts to halt the pipeline through legal channels and appeals to regulatory bodies, primarily the U.S. Army Corps of Engineers (which had jurisdiction over the river crossing), proved largely unsuccessful. Frustrated by the lack of meaningful consultation and the perceived disregard for their concerns, the Standing Rock Sioux took direct action. In April 2016, they established the Sacred Stone Camp, followed by the larger Oceti Sakowin Camp (named after the Seven Council Fires), on federal land near the proposed pipeline route.
These encampments quickly grew into a vibrant, self-sustaining community that became a beacon for Indigenous solidarity and environmental activism worldwide. Thousands of individuals, representing hundreds of Indigenous tribes, environmental organizations, civil rights groups, and concerned citizens, flocked to North Dakota. They called themselves "water protectors" rather than "protestors," emphasizing their mission to safeguard the water and the sacred. The camps were characterized by prayer, ceremony, cultural exchange, and non-violent direct action. Veterans, faith leaders, celebrities, and even international observers joined the cause, creating an unprecedented show of unity.
Escalation and Confrontation: A Winter of Discontent
As construction continued and the movement gained momentum, tensions escalated dramatically. Private security forces hired by ETP, and later state and local law enforcement, met the water protectors with increasing force. Key incidents stand out in the historical narrative:
- September 3, 2016: On a holiday weekend, security forces used attack dogs and pepper spray against water protectors who were attempting to protect a newly discovered burial site. This incident, captured on video, drew national outrage.
- October 27, 2016: Heavily armed police in riot gear cleared an encampment on private land, arresting over 140 people.
- November 20, 2016 ("Black Sunday"): In sub-freezing temperatures, law enforcement deployed water cannons, tear gas, rubber bullets, and concussion grenades against water protectors attempting to clear a blocked bridge. Dozens were injured, some severely, including one woman who nearly lost her arm to a grenade blast.
These confrontations, often broadcast live on social media, exposed the stark power imbalance and the brutal realities faced by Indigenous communities defending their lands. The militarized response by authorities drew comparisons to historical injustices and further solidified the resolve of the water protectors.
Political Football: From Obama’s Pause to Trump’s Revival
The fate of the pipeline became a major political issue. Under the Obama administration, the Army Corps of Engineers acknowledged the need for further review. On December 4, 2016, a significant victory was announced: the Army Corps denied the easement for the pipeline to cross Lake Oahe, stating that alternative routes needed to be explored and a full Environmental Impact Statement (EIS) was required. This decision was hailed as a triumph for Indigenous rights and environmental justice.
However, this victory was short-lived. Just days after taking office in January 2017, President Donald Trump, a vocal proponent of fossil fuel development, issued an executive order to expedite the approval of both the Dakota Access and Keystone XL pipelines. The Army Corps swiftly reversed its decision, granting the easement. Construction was rapidly completed, and oil began flowing through DAPL in June 2017.
The Lingering Shadow: Legal Battles and Environmental Concerns
Despite the pipeline’s operation, the legal fight continued. The Standing Rock Sioux Tribe, along with other allied tribes and environmental groups, pressed their case in federal courts, arguing that the Army Corps’ environmental review was inadequate and that the tribe had not been properly consulted.
In July 2020, a federal judge ruled that the Army Corps had violated environmental law by failing to conduct a thorough EIS and ordered the pipeline to be emptied and shut down pending a new review. This was another monumental victory for the tribe, but it too was challenged. An appeals court later reversed the shutdown order, allowing the pipeline to continue operating, but affirmed the need for an EIS. The legal seesaw continued, with the pipeline operating under temporary permits while the comprehensive environmental review process slowly unfolds.
Meanwhile, the environmental concerns that fueled the initial protests have proven to be prescient. Since it began operating, DAPL has experienced multiple spills, albeit minor ones according to ETP, in states like South Dakota. While no major catastrophic spill has yet occurred at the Lake Oahe crossing, the risk remains a constant source of anxiety for the Standing Rock Sioux and their allies.
A Lasting Legacy
The Dakota Access Pipeline saga represents a critical chapter in the ongoing struggle for Indigenous rights and environmental justice in the 21st century. It brought unprecedented attention to treaty rights, tribal sovereignty, and the disproportionate impact of resource extraction projects on Indigenous communities. The #NoDAPL movement galvanized a new generation of activists and solidified alliances between Indigenous nations and environmental groups, setting a precedent for future resistance movements against fossil fuel infrastructure.
The "Black Snake," as the pipeline was often called in Lakota prophecy, continues to cast a long shadow. Its operation remains a symbol of unfulfilled promises and ongoing environmental risk. Yet, the legacy of Standing Rock is also one of resilience, unity, and unwavering commitment to "Mni Wiconi." It demonstrated the power of collective action, the enduring strength of Indigenous cultures, and the profound truth that for many, water is not just a resource; it is life itself, worth fighting for against all odds. The historical context of DAPL is not just about a pipeline; it is about the soul of a nation, the rights of its first peoples, and the future of our shared planet.
