This podcast explores the legal fight and arrests of protesters opposing the Line 3 pipeline in Minnesota. It delves into the concept of rights of nature and the last legal challenge to the pipeline. The significance of wild rice to the Ojibwe people is discussed, including its cultural and spiritual importance, as well as the ongoing struggle to protect it. The podcast also reflects on the idea of nature having rights and features an award-winning documentary on the topic.
The rights of nature case involving wild rice in Minnesota could have significant implications for other pipeline fights.
The lawsuit filed by the White Earth Band of Ojibwe against the Minnesota Department of Natural Resources could challenge the legality of pipelines on indigenous lands.
Deep dives
Opposition to Line 3 Pipeline Replacement
Protesters are using a unique legal approach to halt the construction of Enbridge Energy's Line 3 oil pipeline. Many have been arrested, including Winona LaDuke, an Indigenous rights activist and member of the White Earth Band of Ojibwe. The pipeline, which runs through northern Minnesota, is being replaced due to structural anomalies and Enbridge's decision to build a new corridor. Despite the completion of construction, legal battles persist, with the latest case invoking the rights of wild rice. This legal strategy seeks to protect natural resources and asserts that nature, like wild rice, should have legal standing.
Understanding Line 3 Pipeline and Indigenous Opposition
Line 3 is an oil pipeline being replaced by Enbridge Energy. The existing pipeline has significant structural issues, prompting Enbridge to propose a new corridor and a larger pipeline. Indigenous communities and activists, including Winona LaDuke, have protested the project, asserting that the replacement is not a true replacement, but rather a new pipeline with potential environmental impacts. The resistance has invoked the rights of wild rice, considering it a species indicator and valuing its role in the ecosystem. The movement also advocates for the recognition of indigenous perspectives in the Western legal system through the concept of rights of nature.
The Wild Rice Lawsuit and Potential Precedent
A lawsuit filed by the White Earth Band of Ojibwe against the Minnesota Department of Natural Resources argues that permits issued to Enbridge for Line 3 pipeline threaten the survival of wild rice, violating its rights. The state agency contends that the tribal court lacks jurisdiction, leading to a jurisdictional debate in federal court. If successful, the lawsuit could set a precedent, challenging the legality of pipelines that traverse indigenous lands and waterways. The case also protects pipeline protesters by asserting that tribal members defending treaty resources should be tried in tribal courts.
Welcome to our first season, The Forest for the Trees, a look at rights of nature cases all over the world. In this episode, we start with a case that's making its way through the courts right now, on behalf of wild rice, or manoomin in the Ojibwe language. The rights of manoomin case was originally filed in an effort to stop construction of the Line 3 pipeline. That pipeline has been built, but the case is still active, and it could have major implications for other pipeline fights.