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Speaker 1: Agrilled listeners. While we're on a brief hiatus working to

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Speaker 1: finish up production on some new seasons for you, I

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Speaker 1: would love it if you check out our new podcast Damages.

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Speaker 1: Damages digs into the stories behind the hundreds of climate

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Speaker 1: lawsuits currently making their way through the courts all over

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Speaker 1: the world. Our first season is focused on rights of

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Speaker 1: nature cases, and I'm bringing you the first episode in

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Speaker 1: that season today, a fascinating case filed in White Earth

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Speaker 1: Tribal Court on behalf of wild Rice against the State

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Speaker 1: of Minnesota's Department of Natural Resources. This suit was originally

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Speaker 1: filed as an attempt to stop construction on the Line

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Speaker 1: three pipeline in Minnesota. Pipeline's been built, but the case

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Speaker 1: is still ongoing and it has some really interesting potential

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Speaker 1: implications for lots of different pipeline fights. Check it out,

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Speaker 1: and if you like what you hear, go and subscribe

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Speaker 1: to Damages. Thanks, and I'll see you again here in

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Speaker 1: a few weeks.

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Speaker 2: Opponents of Enbridge Energies Line three oil pipeline that's being

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Speaker 2: replaced across northern Minnesota are taking a unique legal approach

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Speaker 2: to try to halt construction.

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Speaker 3: Dozens of people have been arrested for protesting the project.

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Speaker 3: That includes Winona La Duke of Indigenous climate justice organization

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Speaker 3: Honor the Earth and member of the White Earth Band

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Speaker 3: of Ojibway and Minnesota.

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Speaker 4: You have women like myself, I'm a grandmother, you know,

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Speaker 4: and we're standing out there. I have six charges against

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Speaker 4: me for this pipeline, and there's a bunch of us

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Speaker 4: that are facing charges for, you know, trying to be

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Speaker 4: a water protector.

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Speaker 1: You might have heard over the past couple of years

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Speaker 1: about the fight against the Line three pipeline in Minnesota.

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Speaker 1: Folks were calling it the next Standing Rock, and even

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Speaker 1: in the midst of a global pandemic, it drew water

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Speaker 1: protectors from all over the country. Wanona La Duke is

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Speaker 1: a long time indigenous rights activist and was one of

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Speaker 1: the leaders of that resistance.

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Speaker 5: What is Line three? A lot of people want to know,

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Speaker 5: and a lot of people don't know. So think of

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Speaker 5: it this way. There are six really old pipelines so

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Speaker 5: that they put through in northern Minnesota shipping diluted tarsands

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Speaker 5: from Alberta to Superior wist Concipt. And one of those

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Speaker 5: lines is called Line three. It has, according to Mbridge,

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Speaker 5: about nine hundred structural anomalies in it. Structural anomalies are

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Speaker 5: things like small little pinhole lakes. Maybe it comes some

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Speaker 5: cracks and some of those end up to be big

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Speaker 5: problems like that Kalamazoo spill. Fixing these problems is very expensive,

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Speaker 5: so Mbridge wants to abandon the pipeline walk away and

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Speaker 5: build a brand new one in a brand new corridor.

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Speaker 5: Mbridge calls this a replacement project. They're replacing line three.

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Speaker 5: They are not replacing line B. They're putting in a

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Speaker 5: whole new quarter and doubling.

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Speaker 2: The size of the line.

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Speaker 5: That was not a replacement. That's a brand new line.

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Speaker 1: Despite all the resistance to line three, the new pipeline

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Speaker 1: was built. They finished construction at the end of twenty

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Speaker 1: twenty one. But the fight isn't over just yet. There's

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Speaker 1: one more legal battle.

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Speaker 2: The unique case names wild Rice, which is sacred in

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Speaker 2: Jibweit culture, as the lead plane.

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Speaker 1: Of In fact, according to attorney Frank Bibo, the tribe

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Speaker 1: was preparing to fight this battle years ago.

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Speaker 2: So Enbridge was trying to do Sandpiper pipeline through here

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Speaker 2: on the same corridor.

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Speaker 1: Enbridge is the Canadian pipeline company responsible for Line three

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Speaker 1: in Minnesota.

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Speaker 2: When they found out from the Minnesota Court of Appeals

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Speaker 2: that they had to do an environmental impact statement, they

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Speaker 2: said forget it. They took their money and invested in Dapple.

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Speaker 1: Dapple is the Dakota Access pipeline in North Dakota. It's

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Speaker 1: the pipeline that was at the center of the stand

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Speaker 1: Rock protests in twenty sixteen and twenty seventeen.

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Speaker 2: And then within a month they were running bulldozers or

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Speaker 2: were all the water projectors. So we knew at that

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Speaker 2: point that's what we were going to get here too.

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Speaker 2: Because they were still running the Line three program.

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Speaker 1: They started preparing for a fight, and in twenty eighteen

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Speaker 1: made a key change to an eighteen fifty five treaty

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Speaker 1: that's the treaty that still today governs the relationship between

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Speaker 1: Ojibwe tribes and the US government. They added the rights

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Speaker 1: of wild rice or monomen in the Ajibwe language to

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Speaker 1: that treaty. According to Bibo, the change just formalized something

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Speaker 1: that had actually been in all of the treaties between

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Speaker 1: the ojibwey and the US all along really.

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Speaker 2: Our jurisdiction liies over a broad area for hunting, fishing,

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Speaker 2: and gatherings. Those words appear in the treaty wild Rice.

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Speaker 2: We see ourselves as connected to wild rice, as connected

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Speaker 2: to all the animals, and that we belong to nature

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Speaker 2: doesn't belong to us, and so yeah, they are a

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Speaker 2: person in that sense, there are equal And so because

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Speaker 2: the way wild rice has protected us and made us stronger,

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Speaker 2: and you have our territories and continue on, we have

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Speaker 2: a covenant and an obligation to protect wild rice. And

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Speaker 2: so that's what that law is really about. It's protecting

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Speaker 2: wild rice means you're protecting the environment because wild rice

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Speaker 2: is an indicator species, and so if it's not doing

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Speaker 2: very good, then everything else isn't doing very good.

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Speaker 1: Rights of monomen is an example of something called rights

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Speaker 1: of nature. It's a legal concept that lawyers often talk

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Speaker 1: about as a way to bring indigenous approaches into the

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Speaker 1: Western legal system.

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Speaker 6: I think that rights of nature it can actually be

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Speaker 6: protective of existing beings like river systems or wild rice,

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Speaker 6: or something that is under attack from industry or displacement

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Speaker 6: or removal or all the colonial patterns that have been

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Speaker 6: going on for such a long time.

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Speaker 1: That's Ojibwe lawyer Tara Hauska. She's a member of the

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Speaker 1: Bear clan of Kuchuching First Nation, and she's been one

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Speaker 1: of the leaders of the resistance against Line three. Today,

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Speaker 1: she's eagerly watching the last legal challenge to the pipeline,

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Speaker 1: a suit brought on behalf of wild Rice against the

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Speaker 1: State of Minnesota. The idea behind rights of major is

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Speaker 1: that nature, trees and rivers and swamps and wild rice

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Speaker 1: could have rights and therefore legal standing. And if nature

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Speaker 1: has rights, then humans can help to protect and defend

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Speaker 1: those rights. On the surface, this strategy might seem like

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Speaker 1: a radical idea, but it's been around for decades actually,

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Speaker 1: and in recent years it's begun to have a real

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Speaker 1: impact on how a lot of people understand nature and

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Speaker 1: our relationship to it, not just culturally, but in powerful

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Speaker 1: legal ways too. I'm Amy Westervelt, and I've been reporting

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Speaker 1: on a whole bunch of climate lawsuits over the past

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Speaker 1: decade and especially in the last five years. I wanted

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Speaker 1: to make a podcast documenting those cases, because to me,

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Speaker 1: lawsuits aren't about formal arguments in a courtroom, or dry

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Speaker 1: legalese or even giant binders full of documents. They're dramatic stories.

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Speaker 1: A lot has to happen before someone goes to the

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Speaker 1: trouble of filing a lawsuit. It's often the last resort

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Speaker 1: in a search for justice, which is exactly what it

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Speaker 1: feels like on the climate front. In the face of

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Speaker 1: unchecked greed and the total absence of political leadership, communities

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Speaker 1: all over the world are turning to the courts to

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Speaker 1: do what they're supposed to do, right wrongs. This is

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Speaker 1: a podcast about justice and the people who are seeking

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Speaker 1: it on behalf of people and planet. Welcome to damage it.

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Speaker 1: In season one, the Forest for the Trees, We're taking

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Speaker 1: a look at rights of nature. Future seasons will get

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Speaker 1: into all kinds of areas, from fraud cases in the

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Speaker 1: US against the big oil companies, to constitutional cases in

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Speaker 1: other countries including Ecuador, Guyana and Australia. Today, the epic

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Speaker 1: saga of an unlikely plaintiff, wild Rice stay with us.

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Speaker 1: I had heard about rights of nature for a while,

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Speaker 1: but right when I was starting to dig into it

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Speaker 1: a little bit more, this great documentary came out. It's

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Speaker 1: called Invisible Hand. It's the third film from directors Joshua

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Speaker 1: Prabanik and Melissa Troutman and executive producer Mark Ruffalo. It's

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Speaker 1: won seven Best documentary awards and received laurels from twenty

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Speaker 1: to international film festivals. It's an excellent deep dive on

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Speaker 1: the subject of rights of nature. If you want to

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Speaker 1: dig into it even more after listening to this series,

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Speaker 1: I highly highly recommend it. It's a paradigm shifting documentary

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Speaker 1: that does not leave viewers in total despair, but actually

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Speaker 1: provides some inspirational solutions, strategies and stories that will move

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Speaker 1: you to take action where you live. If you haven't

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Speaker 1: seen Invisible Hand, you're missing out. Go to Invisible handfilm

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Speaker 1: dot com for more on where to.

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Speaker 7: Watch and how to support this great work.

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Speaker 8: So you know, our linguistic stock extends far south into

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Speaker 8: the what's now called the United States, up to Hudson

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Speaker 8: Bay in as far as the Saskatchewan Plains, and we

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Speaker 8: were all given instructions on our migration back here that

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Speaker 8: we were going to find where we were meant to be,

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Speaker 8: where the food grew.

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Speaker 9: On the water.

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Speaker 1: This is Dale Green, a member of the Leech Lake

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Speaker 1: Band of a Jibway in Minnesota, met with me and

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Speaker 1: one of our reporters, Karen Savage, on a cold November

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Speaker 1: day in deLuce to tell us more about wild rice monomen.

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Speaker 1: He fiddled with this bag of dried brown stuff in

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Speaker 1: his hands for more than an hour. I didn't know

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Speaker 1: what it was, and I hadn't actually seen wild rice before,

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Speaker 1: so I wondered if maybe he'd brought some to show us.

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Speaker 8: Now, you know, you see me fiddling with this plastic bag.

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Speaker 8: This this isn't some illegal substance or anything like that.

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Speaker 8: This this is tobacco. In old Jibwe, it's called the

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Speaker 8: same ah and the you know, if you've ever been

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Speaker 8: around Indian people, specifically on a Shanabe.

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Speaker 1: People, Anishanabe is the Jibwe word for the tribe, so

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Speaker 1: you'll hear them referred to as Chippewa, a Jibway and

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Speaker 1: a Nishianabe kind of interchangeably, depending on who's speaking and

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Speaker 1: in which context.

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Speaker 8: Just well, everything we do will put out too and ask,

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Speaker 8: you know, for the spirits help. I'm doing it. Whether

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Speaker 8: it's taking fish from a lake, whether it's harvesting maple sugar,

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Speaker 8: whether it's harvesting berries, whether it's taking cedar off the

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Speaker 8: trees for medicinal purposes, we would offer the sama to

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Speaker 8: that living being. I will ask easier Goukwai to put

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Speaker 8: everything in the proper order. On the spiritual side.

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Speaker 1: Green told us that he hoped his stories, the Ojibwei

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Speaker 1: migration and creation stories, his own family story, had landed

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Speaker 1: with us in a spiritual sense. That's my hope today too.

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Speaker 1: For some listeners, the idea of wild rice having rights

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Speaker 1: might be really hard to grasp. But I invite you

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Speaker 1: to sit back, let go of whatever comes to mind

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Speaker 1: when you hear that wild rice suit the state of Minnesota,

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Speaker 1: and listen to this story.

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Speaker 8: Now when we are placed here, you know, our our

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Speaker 8: ancient teachings say that we were like a wisp of smoke.

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Speaker 8: You know, there was that that spirit essence that that

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Speaker 8: looked like a wisp of smoke.

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Speaker 1: This is Dale Green again telling the Ojibwe creation story.

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Speaker 2: Uh.

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Speaker 8: And in the way the old man described it to me.

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Speaker 8: He said, it's like a hot day and you get

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Speaker 8: a downpouring of rain and on the pavement and you

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Speaker 8: watch these spirals of of of the evaporation of the water.

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Speaker 8: He says that that's how our essence is described. And

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Speaker 8: you know, some people to this day talk about there's

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Speaker 8: a bright light in all of us. That's our spiritual

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Speaker 8: essence that comes from the universe.

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Speaker 1: Green interrupted this story with an important point.

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Speaker 8: There's stories teachings that I take to heart because they've

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Speaker 8: been told to me over and over, so I would

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Speaker 8: understand them and I would be able to share them.

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Speaker 8: Because prior to nineteen seventy eight, you know, a lot

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Speaker 8: of these pro social teachings or underground outlined.

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Speaker 1: For about a century, the US government forcibly separated Native families,

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Speaker 1: first sending kids to boarding schools far away from their tribes,

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Speaker 1: and then through the Indian Adoption Project, removing them from

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Speaker 1: their homes and tribes and placing them with white Christian families.

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Speaker 1: During that time, thousands of acres of rice beds were

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Speaker 1: also destroyed by the government so that they could construct dams.

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Speaker 1: The same thing happened in Canada, giving Indigenous people even

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Speaker 1: more reason to want to protect monomen today. Despite everything

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Speaker 1: that was done to disrupt tribal traditions and knowledge, these

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Speaker 1: important stories were passed down from generation to.

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Speaker 8: Generation understanding that our creation story were spiritual beings were

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Speaker 8: without our mortal shell, we're out or without substance, and

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Speaker 8: our creation stories say that we were placed here by

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Speaker 8: get You want to do the great mystery? Some people say,

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Speaker 8: you know God, the great spirit that you want to do.

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Speaker 8: In the Ojibwei language, sent down these incorporeal beings, supernatural beings,

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Speaker 8: and they were instructed with a great mystery to help

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Speaker 8: Nannishinabe exist here. And in the creation story, they've already

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Speaker 8: created the flora and the fauna. So I was taught

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Speaker 8: that these supernatural beings went around to the animals and

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Speaker 8: petitioned them to give up their substance to give us substance.

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Speaker 8: And substance, they went to the two legates, the four legates,

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Speaker 8: the fish, the monoman birch, bark trees, the maple, sugar trees,

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Speaker 8: the berries, the plants, everything that has a living spirit.

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Speaker 8: But the covenant is is that forever remembering what they're

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Speaker 8: giving us, which is part of their life. You know

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Speaker 8: hopefully you know, by bodies found in five hundred years,

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Speaker 8: someone's going to say, this guy's full of monoma. So

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Speaker 8: it's a different world concept. I was just seeing an

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Speaker 8: article somewhere where the dominant culture sees resources as something

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Speaker 8: to be utilized and becoming a commodity. The things that

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Speaker 8: they did their best to weaken that influence from those

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Speaker 8: that came before us to today. You know, we're part

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Speaker 8: of that creation. We're part of that, that thing that

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Speaker 8: gives us something, that had to give us substance. Something

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Speaker 8: have to give us substance. And the agreement was we

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Speaker 8: would remember. And you know, I can look at water

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Speaker 8: and see a spirit there. I can look at a

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Speaker 8: rocky hillside and see us spirit there. Right now, there's

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Speaker 8: probably a spirit right in this room with us, because

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Speaker 8: we're talking about a living thing.

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Speaker 1: So in to this world concept which sees nature as

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Speaker 1: a relative something we're part of, not just a resource

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Speaker 1: for humans to use. Let's place water and the rice

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Speaker 1: that grows on it, wild rice monomen. It grows in

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Speaker 1: large green stocks only on these northern lakes. Every year

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Speaker 1: in late August, Ojibwey harvesters hit the lakes in canoes

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Speaker 1: carrying knockers, these traditional harvesting sticks that are used to

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Speaker 1: gently knock the stocks, sending wild rice falling into the

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Speaker 1: belly of the canoe. The rice is roasted and dried

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Speaker 1: or bagged and sold. For the rice to grow properly,

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Speaker 1: the water has to be really clean.

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Speaker 6: It's part of who we are and I know it's

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Speaker 6: one of those fundamental core pieces of our identity. For me,

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Speaker 6: it's why it came down to this portion of the

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Speaker 6: territory to try to protect the wild rice because the

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Speaker 6: rice has a right to live and the future generations

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Speaker 6: have a right to be in community with that rice.

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Speaker 1: This is Tara Hauska again, a member of the Bear

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Speaker 1: clan of Ojibwe in what is today Canada and an attorney.

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Speaker 1: She led one of the Line three resistance camps in

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Speaker 1: Minnesota because she wanted to protect monomen.

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Speaker 6: It's something that's been passed down for generations and it's

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Speaker 6: something that our people fought for and that sustained us,

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Speaker 6: and that we sustained. You know, we have this mutuality

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Speaker 6: based relationship of respects. It keeps us alive through the winters.

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Speaker 6: You know, the winters up here are harsh, and your

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Speaker 6: rice is how you make it. And it's also you know,

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Speaker 6: I mean for the economists in the world. It's a

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Speaker 6: form of economic trade that's been going on since Minnesota began,

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Speaker 6: before Minnesota began, you know, like we've read some old

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Speaker 6: school pieces about outsider analysis, like the fur Trader's analysis

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Speaker 6: of a Jibwe people, and they said that we were

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Speaker 6: kind of like these people that kept to ourselves and

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Speaker 6: didn't really need much because we had wild rice, Like

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Speaker 6: they specifically mentioned wild rice as a way that they

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Speaker 6: couldn't like gain the upper hand. You know, it took

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Speaker 6: like ripping the sturgeons out of the river and like

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Speaker 6: trying to like, you know, cut us off from food.

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Speaker 6: I mean that's like, that's the colonization strategy. That's very common.

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Speaker 1: The techniques used to harvest and prepare monomen are passed

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Speaker 1: on from generation to generation.

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Speaker 6: I mean every bit of it is a ceremony. You

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Speaker 6: know that you experienced. It's like it's the time of

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Speaker 6: the year that I think a lot of us look

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Speaker 6: forward to. And every part of it is so important,

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Speaker 6: you know. I mean the knocking, the polling, the paddling,

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Speaker 6: the parching, the drying, I mean the roasting and the

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Speaker 6: smells and the tactile pieces where you're touching and feeling

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Speaker 6: the sacredness of nature that it's gonna in turn take

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Speaker 6: care of you, keep you alive. Like all the different

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Speaker 6: words and phrases that describe that process in our language,

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Speaker 6: you know, they have a lot of meaning and depth,

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Speaker 6: and it's more than just food. You know, it is

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Speaker 6: a food obviously, and it's part of why we came here,

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Speaker 6: right where the food grows on water. That's what we're

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Speaker 6: told by Creator to come. That's why we came here,

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Speaker 6: you know, from the East coast. But there's more than

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Speaker 6: just it being food. It is when you're out in

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Speaker 6: the rice and you're knocking the rice, or you're pulling

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Speaker 6: through the rice, or you're paddling through the rice. It's

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Speaker 6: rhythmic and it's soothing and it's healing, and you can

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Speaker 6: smell the water. It's like all around you and the rice,

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Speaker 6: and it's just it's such a beautiful part of life.

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Speaker 1: The Monoman lawsuit, filed in Wide Earth Tribal Court in

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Speaker 1: August twenty twenty one, alleges that the Minnesota Department of

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Speaker 1: Natural Resources, along with other state agencies, violated the right

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Speaker 1: of wild rice to survive and thrive by handing out

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Speaker 1: permits to Canadian pipeline Company and bridge that put the

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Speaker 1: region's water at risk of contamination. Like I mentioned earlier,

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Speaker 1: rights of Monomen were added to the eighteen fifty five Treaty.

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Speaker 1: That's that treaty document governing the ojibwas relationship with the

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Speaker 1: United States and with the state of Minnesota. Back in

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Speaker 1: twenty eighteen, the Minnesota Department of Natural Resources, or DNR

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Speaker 1: filed an injunction almost immediately, basically a request to throw

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Speaker 1: the case out entirely. They argued that White Earth Tribal

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Speaker 1: Court had no jurisdiction over a state agency. In particular,

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Speaker 1: they invoked the Eleventh Amendment, which bans any state from

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Speaker 1: suing another state. They filed that claim in federal court, though,

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Speaker 1: so now the jurisdictional debate is proceeding in federal court

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Speaker 1: while the rights of Minoman case proceeds in tribal court.

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Speaker 1: Tara Housegas says the DNR's reaction to the wild Rice

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Speaker 1: suit came as no surprise.

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Speaker 6: Minnesota's DNR was side by side by the police officers

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Speaker 6: that were protecting Embridge's pipeline throughout the course of the

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Speaker 6: ground struggle. I think there are certain moments that really

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Speaker 6: stand out when you see, like there's a sign behind

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Speaker 6: that says protected wetland that has an Emberge symbol on it,

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Speaker 6: There's a DNR officer standing in front of it, and

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Speaker 6: then there's just this like gaping scar that's been placed

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Speaker 6: into the earth right next to it, clearly destroying that wetland,

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Speaker 6: you know, and there's the DNR right there and telling

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Speaker 6: you to step back and so like, I was not

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Speaker 6: at all surprised to see them immediately in this oppositional

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Speaker 6: to tribal sovereignty. They clearly have no respect.

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Speaker 1: Minnesota District Court ruled initially in favor of the tribe,

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Speaker 1: meaning the case could be heard in tribal court and

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Speaker 1: that Minnesota dn R would have to work out a

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Speaker 1: solution with White Earth. That decision was appealed, and in

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Speaker 1: December twenty twenty one, the Eighth Circuit Court of Appeals

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Speaker 1: heard the case. While that whole jurisdictional argument plays out,

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Speaker 1: White Earth Tribal Court has allowed a stay in the

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Speaker 1: case there, which means they'll wait and see what happens

359
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Speaker 1: in federal court. Frank Biebo is the lead attorney on

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Speaker 1: the case, and he's cautiously optimistic because Wild Rice those

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Speaker 1: exact words were specifically mentioned in all of the original

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Speaker 1: treaties between the Ojibwe and the US government.

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Speaker 2: The rights of anomen. For us, we're relying on treaty language.

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Speaker 2: Wild Rise treaties are the supreme law the land and

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Speaker 2: the Constitution, so it's hard to get around that not

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Speaker 2: being a constitutionally protected treaty right. That's about as I

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Speaker 2: as you can get And the DNR thought that primarily

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Speaker 2: that the Eleventh Amendment applies to us. But if you

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Speaker 2: read the Eleventh Amendment, it says that citizens of another

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Speaker 2: state can't sue another state. Well, we weren't citizens, we

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Speaker 2: haven't been citizens, or Indians not taxed, we have treaties

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Speaker 2: were separated out. So they've appealed it to the Eighth

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Speaker 2: Circuit Court of Appeals and they're going to argue there

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Speaker 2: we shouldn't have to do this, but in actuality, you

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Speaker 2: do have to do this.

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Speaker 1: If BBO is right and the case is allowed to

377
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Speaker 1: proceed in tribal court, and if it actually succeeds in

378
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Speaker 1: holding the Minnesota DNR accountable or requiring anything of Enbridge,

379
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Speaker 1: the Minomuan case could set a pretty major precedent, especially

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Speaker 1: when you consider that so many of the oil and

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Speaker 1: gas pipelines in the United States cross either indigenous land

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Speaker 1: or waterways that tribes have rights to.

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Speaker 2: And that's what scares the DNR because if we're successful

384
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Speaker 2: with exercise our jurisdiction, and that probably means that a

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00:27:02,880 --> 00:27:04,919
Speaker 2: lot of other tribes can do the same thing in

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Speaker 2: a lot of other states.

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Speaker 1: In fact, it could have a pretty immediate impact on

388
00:27:09,000 --> 00:27:12,639
Speaker 1: another pending pipeline in Ojibwei territory one that would also

389
00:27:12,760 --> 00:27:17,800
Speaker 1: threaten wild rice. Line five in Michigan. Likeline three, it's

390
00:27:17,800 --> 00:27:21,600
Speaker 1: been positioned as a replacement pipeline for an older line

391
00:27:21,720 --> 00:27:24,919
Speaker 1: running under the streets of Mackinaw that could potentially threaten

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Speaker 1: the Great Lakes and several rivers.

393
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Speaker 2: I think our laws that we've created and we're using

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Speaker 2: right now is a game changer, and that other Chipwa

395
00:27:35,040 --> 00:27:36,680
Speaker 2: bands are going to look to do the same thing

396
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Speaker 2: with Enbridge in particular, where Line three continues on through Wisconsin,

397
00:27:41,560 --> 00:27:45,560
Speaker 2: it's Line five and goes over into Mackinaw with Michigan.

398
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Speaker 2: This is all the same rights and the same arguments.

399
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Speaker 1: The other argument Bibo is making is that rights of

400
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Speaker 1: menomen protect pipeline protesters too.

401
00:28:00,200 --> 00:28:04,960
Speaker 2: Monomen provides a defense for tribal members who are defending

402
00:28:04,960 --> 00:28:11,560
Speaker 2: the wild rice. And right now, I'll say about thirty

403
00:28:11,560 --> 00:28:14,640
Speaker 2: five cases they're not online, but all of the tribal

404
00:28:14,680 --> 00:28:17,640
Speaker 2: water protectors who were charged on was one of my clients,

405
00:28:17,720 --> 00:28:21,200
Speaker 2: Terahuska is one of my clients. In the tribal court setting,

406
00:28:21,240 --> 00:28:24,520
Speaker 2: there's probably about fifteen water protectors from White Earth and

407
00:28:24,560 --> 00:28:27,880
Speaker 2: so what I've argued is that wide Earth now has

408
00:28:28,000 --> 00:28:33,480
Speaker 2: off reservation jurisdiction, and that these people are protecting treaty

409
00:28:33,600 --> 00:28:37,800
Speaker 2: resources which is provided for, and there are off reservation jurisdiction,

410
00:28:38,440 --> 00:28:41,200
Speaker 2: and that those cases should be sent to the wider

411
00:28:41,400 --> 00:28:44,840
Speaker 2: tribal court. So when you look at what treaty rights

412
00:28:44,920 --> 00:28:49,280
Speaker 2: really are under federal law, they're considered use refractory property rights,

413
00:28:49,520 --> 00:28:51,160
Speaker 2: the rights to hunt fish and gather.

414
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Speaker 1: Who's a fructory is not a word we hear that often.

415
00:28:59,080 --> 00:29:02,000
Speaker 1: It means the right to use or benefit from property

416
00:29:02,040 --> 00:29:04,719
Speaker 1: while someone else owns the title to it. So in

417
00:29:04,720 --> 00:29:07,280
Speaker 1: this case, the ojibwe have the right to hunt fish

418
00:29:07,320 --> 00:29:10,120
Speaker 1: and gather on the lands that they ceded to the

419
00:29:10,240 --> 00:29:13,600
Speaker 1: US government. That was the deal. We'll give you the land,

420
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Speaker 1: but we want to retain the right to hunt fish

421
00:29:16,720 --> 00:29:19,760
Speaker 1: and gather on it. It was written into the original treaty,

422
00:29:19,880 --> 00:29:23,080
Speaker 1: It's been written into all subsequent treaties, and is still

423
00:29:23,120 --> 00:29:26,200
Speaker 1: part of the treaty governing the relationship between the Ojibwey

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Speaker 1: and the US government today.

425
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Speaker 2: So we have a right to be in the public

426
00:29:30,720 --> 00:29:33,640
Speaker 2: waters and the public plans because that's our primary place

427
00:29:33,680 --> 00:29:35,520
Speaker 2: to exercise our rights and if we have a right

428
00:29:35,560 --> 00:29:37,560
Speaker 2: to be there, we can't be trust passing, and we

429
00:29:37,640 --> 00:29:41,600
Speaker 2: have a defense to trustpassing defense of monomen. The same

430
00:29:41,680 --> 00:29:43,600
Speaker 2: thing for the other tribal members.

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Speaker 1: As they wait for the Eighth Circuit's decision on the

432
00:29:46,720 --> 00:29:51,640
Speaker 1: Manoman case that jurisdictional question. Water protectors like Dale Green

433
00:29:51,920 --> 00:29:56,320
Speaker 1: and Tarahauska are continuing to fight to protect both nature

434
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Speaker 1: and their culture and traditions.

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Speaker 8: Apologize for people feeling the need to stand up for

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Speaker 8: pristine water.

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Speaker 6: It is cultural genocide, right like this is the eradication

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Speaker 6: of culture, but it's also ecocide, eradication of that living

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Speaker 6: being that has you know, doesn't have a right to live.

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Speaker 1: Next time on damages.

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Speaker 9: And I was trying to think of what would a

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Speaker 9: radically different consciousness that we all link look like, and

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Speaker 9: I said it would be where nature had rights, trees

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Speaker 9: warming to it, the rivers and the place broke. Is

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Speaker 9: PANDEMONI not.

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Speaker 10: Really the rational Western mind that came up with these ideas,

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Speaker 10: you know, it is actually those individuals and living harmony

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Speaker 10: with environments. All around the world. One can find, you know,

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Speaker 10: the same approach when it comes to indigenous peoples and.

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Speaker 3: Many Western societies we value things that we value by

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Speaker 3: giving them rights.

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Speaker 1: Early Americans were afraid of the wilderness, and they said,

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Speaker 1: if we.

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Speaker 2: Leave Indian people's in ownership, they will just waste it

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Speaker 2: as wilderness.

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Speaker 1: Damages is an original Critical Frequency production. Our editor and

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Speaker 1: senior producer is Sarah Ventry. Sound designed by Ray Pang,

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00:31:29,040 --> 00:31:33,280
Speaker 1: mixing and mastering by Mark Busch. Additional editing by Martha

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Speaker 1: troyan citizen of Obi Shika Kong lack Sul First Nation.

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Speaker 1: The show is written and reported by me Amy Westerveld,

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00:31:41,840 --> 00:31:46,200
Speaker 1: with additional reporting by Karen Savage, Meg Duff, and Lindall Rawlins.

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Speaker 1: Our fact checker is woodan Yan. Our First Amendment attorney

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00:31:50,800 --> 00:31:54,800
Speaker 1: is James Wheaton of the First Amendment Project. Our theme

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Speaker 1: song this season is burd in the Hand by Forenown.

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Speaker 1: Artwork is by Matthew Fleming. The show is supported in

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Speaker 1: part by a generous grant from the File Foundation. If

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00:32:05,480 --> 00:32:08,160
Speaker 1: you'd like to support our work, please rate or review

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00:32:08,200 --> 00:32:11,480
Speaker 1: the podcast wherever you're listening and share it with friends.

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00:32:11,840 --> 00:32:14,040
Speaker 1: Thanks for listening, and we'll see you next time.