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As citizens of New Bedford Massachusetts we call for the city to divest any ties with Wells Fargo, TD Bank, Bank of America, Citibank Citizens Bank, JPMorgan Chase, Morgan Stanley, Goldman Sachs, or any of the other 38 banks that are investing in Dakota Access Pipeline (DAPL). 

WHEREAS, the Dakota Access Pipeline project has been decried by more than 451 hundred tribes and organizations across the country as a dangerous project that has already destroyed Lakota sacred places and will endanger water for the people of Standing Rock Lakota Sioux Tribe and 17 million other Americans living downstream the Missouri River;

WHEREAS, the future operator of the Dakota Access Pipeline, Sunoco Logistics Partners, has spilled crude more often than any of its competitors with more than 200 leaks since 2010;

WHEREAS, the DAPL violates several federal laws including the 1868 Fort Laramie Treaty, the Pipeline Safety Act and Clean Water Act, the National Environmental Policy Act, Executive Order 13007 on Protection of Sacred Sites, and Executive Order 12898 on Environmental Justice;

WHEREAS, 38 banks are directly supporting the companies building the pipeline, totaling $10.25 billion in loans and credit facilities;

WHEREAS, people of this earth have responsibilities to care for ecological systems, waters and forms of life in perpetuity for the benefit of future generations;

THEREFORE, We are urgently calling on the city of New Bedford to divest from the banks funding the Dakota Access Pipeline and any bank that is engaged with corporations that seek to endanger planet Earth and its inhabitants. Water is Life. Please don’t sit idle, stand with Water Protectors in Standing Rock by divesting from DAPL.

The following list contains the banks that are currently funding and amount of Investment/Credit: Bank of Nova Scotia ($100 million); Citizens Bank ($72.5 million); Comerica Bank ($72.5 million); US Bank ($275 million); PNC Bank ($270 million); Barclays ($370.5 million); J.P. Morgan Chase ($312.5 million); Bank of America ($350.5 million); Deutsche Bank ($275.5 million); Compass Bank ($340.5 million); Credit Suisse ($340.5 million); DNB Capital/ASA ($340.5 million); Sumitomo Mitsui Bank ($265.5 million); Royal Bank of Canada ($340.5 million); UBS ($336.4 million); Goldman Sachs ($243.9 million); Morgan Stanley ($225.1 million); Community Trust ($30 million); HSBC Bank ($189 million); Wells Fargo ($467 million); BNP Paribas ($444.5 million); SunTrust ($435 million); Royal Bank of Scotland ($250.5 million); Bank of Tokyo Mitsubishi UFJ ($548 million); Mizuho Bank ($589.5 million); Citibank ($521.8 million);TD Securities: ($365 million); ABN Amro Capital ($45 million); Credit Agricole ($344.5 million); Intesa Sanpaolo ($339 million); ING Bank ($248.3 million); Natixis ($180 million); BayernLB ($120 million); BBVA Securities ($120 million); DNB First Bank ($120 million); ICBC London ($120 million); SMBC Nikko Securities ($120 million); Societe Generale ($120 million)

The Companies connected to Dakota Access Pipeline Project:
Dakota Access, LLC: Responsible for developing the pipeline. ($2.5 billion project-level loans from 17 banks)
Energy Transfer Partners, L.P. (ETP): Dakota Access, LLC and Sunoco Logistics Patterns are subsidiaries of Energy Transfer Partners. ($3.75 billion revolving credit from 26 banks)
Energy Transfer Equity (ETE): Is a master limited partnership that owns the general partner and 100% of the incentive distribution rights of ETP and SXL. ETE owns and operates about 71,000 miles of natural gas and crude oil pipelines. ($1.5 billion revolving credit from 26 banks) Sunoco Logistics Partners (SXL): Is a subsidiary of ETP that will be the future operator of the pipeline. SXL has spilled crude more often than any of its competitors with more than 200 leaks since 2010, according to a Reuter’s analysis. ($2.5 billion revolving credit from 24 banks)

BACKGROUND: The Dakota Access Pipeline is currently under construction, proposed to carry fracked oil from the Bakken fields in North Dakota 1,172 miles to Patoka, Illinois. On Tuesday, July 26, 2016, the US Army Corps of Engineers (“USACE”) approved the water crossing permits for the pipeline, including the crossing of the Missouri River just a half-mile north of the Standing Rock Sioux Reservation. The permitting process violated multiple federal laws, basic principles of sovereignty, and requirements for free, prior, and informed consent outlined in the United Nations Declaration of the Rights of Indigenous Peoples. 

In response, the Standing Rock, Cheyenne River, and Yankton Sioux Tribes filed lawsuits against the US Army Corps of Engineers, and the people went to the land to stop construction equipment with their bodies. A historic grassroots resistance movement has erupted at the site of the original spirit camp, established in April on the reservation, to stop the pipeline through prayer and non-violent direct action. The encampment at Standing Rock has blossomed as many thousands of people representing hundreds of tribes and First Nations have come from all over the world to stand in solidarity. 

THE PROBLEMS: Four states and the federal government hastily approved The Dakota Access pipeline. The US Army Corps’ rubber stamp job undermined major federal environmental and historic preservation laws, as well as federal trust responsibilities guaranteed in the 1851 and 1868 United States treaties with the Lakota, Dakota, and Nakota tribes.

o   Inadequate Environmental Review - The DAPL crosses the Missouri River and the Mississippi River, from which 18 million people get drinking water. Spills and leaks would impact all of us, but the Army Corps did not perform an Environmental Impact Statement (EIS), as required by law.

o    Lack of Tribal Consultation - Dakota Access LLC and the US Army Corps never formally completed nation-to-nation consultation with the Standing Rock Sioux Tribe and the Yankton Sioux Tribe.

o    Environmental Racism - The original route ran just north of Bismarck, but was moved downstream, to cross the Missouri just over a mile upstream of the water intake valves for the Standing Rock Sioux Reservation. This clearly and intentionally places disproportionate risk on Native people.

o   Ignoring Sacred Places - The permit process did not include a new survey of impacted cultural resources, including the concentration of sacred places - village sites, burial grounds, Sundance grounds, etc. - at the river crossing, a traditional trading ground of many different tribal Nations.

o   Illegal Permit Process - The US Army Corps used Nationwide Permit 12 to illegally segment the project into hundreds of easily approved pieces and circumvent the major protections of the Clean Water Act. NWP 12 was designed for boat ramps, not pipelines.

o   Pipelines Spill - In the last 2 years, over 300 pipeline spills went unreported in North Dakota alone; a full rupture would release 20,000 gallons of oil per minute, making million-gallon spills entirely possible. Smaller spills are harder to detect and can last for days.

o   Fracking in the Bakken - DAPL would carry fracked oil from the Bakken where communities are plagued with radioactive contamination and epidemics of traffic deaths, drug related crime, and sexual trafficking. 

o   Unfair Tactics - Many North Dakota landowners have reported intimidation, fraud, and harassment from the company during easement negotiations. 

o   Diverting Surface Water – North Dakota farmers have been alarmed that DAPL is allowed to divert surface water away from private lands and agriculture for use in the construction and hydrostatic testing processes. 

o   Bad Investment - The Dakota Access is a pipeline from nowhere. Due to persistent low oil prices, the active rig count in the Bakken is down 85% from its peak in 2014, and many hubs of the oil boom are now ghost towns. 

o   Refusal to Respond Appropriately: In the past MN legislative session, Enbridge lobbied aggressively against legislation that would improve disaster response, and refused to agree with many reasonable measures that would improve preparedness, prevention, containment, and cleanup. 

o   Treaty Rights Violations: The US government has a responsibility under federal law to honor the rights guaranteed to tribal members in their treaties. The proposed pipelines would violate the treaty rights of the Anishinaabeg by endangering primary areas of hunting, fishing, wild rice harvest, medicinal plant harvest, and organically certified wild rice crops outlined in the l867, l855 and l854 treaty areas. The US Supreme Court has upheld the rights of native peoples to hunt, fish, and subsist off the land. An important February 2015 decision by the US 8th Circuit Court of Appeals upheld the rights of Ojibwe people to hunt and sell fish in the 1855 treaty area. These pipelines threaten the culture, way of life, and physical survival of the Ojibwe people. 

o   Property Rights and Insurance: If Enbridge is granted the Certificate of Need for this pipeline (decision in April/May); it will receive powers of eminent domain, on grounds that it is a public utility providing a public benefit. This would allow them to take the property needed to build these new pipelines, without landowner consent, just as governments do to build roads and other public infrastructure. This is a problem: Enbridge is a private Canadian corporation that will earn billions of dollars in profit by carrying privately owned oil for a limited number of privately owned oil companies. Enbridge is now suing North Dakota farmer James Botsford for his land, and the case may set the precedent for their use of eminent domain. In the process, Botsford found that no insurance company would insure his farm in case of a spill, and that is after an Enbridge clean up.

o   Human Rights Violations Standing Rock Sioux:  This pipeline will endanger the Standing Rock Sioux’s only water source. They have put their bodies on the line to stop the construction and defend their water and their way of life. The police brutality in response to their peaceful demonstrations is outrageous, and must not continue



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