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MniWakan Nakicijinpi is Lakota for Water Protector. The more detailed translation means that because water is sacred, they will protect it as warriors. MniWakan Nakicijinpi is the name used in response to South Dakota DENR Water Permit Applications 1986-1, 2792-2, and 2793-2 by TransCanada for the Keystone XL Pipeline, MniWakan Nakicijinpi consists of siblings: Tatanka Itancan, MerleJohn (MJ), and Zora Lone Eagle who submitted a pro se petition to oppose the applications.
From the beginning MniWakan Nakicijinpi proved to be a formidable threat to what TransCanada believed to be a business as usual transaction with the South Dakota bureaucracy. TransCanada lost 2 motion arguments in a row to MniWakan Nakicijinpi and their Ina.
After fruitless efforts to have MniWakan Nakicijinpi removed from the proceedings, TransCanada eventually relented and settled for an on the record written objection to the continued participation of MniWakan Nakicijinpi.
This is not the Lone Eagle siblings first foray into battle against TransCanada and the Keystone XL pipeline. In 2015 they were present and participated in the hearings in front of the South Dakota PUC when their Ina was a pro se intervenor.
At home in the Cheyenne River community of Bridger, Tatanka, MJ, and Zora are active members of their community. They hunt, fish and share their catch. They help to look after the elderly by shoveling, hauling and helping whenever they see a need.
They care for, train and ride horses. The siblings have even begun veterinary training classes to help them to maintain healthy horses in the Cheyenne River Valley. They are Big Foot Riders. Tatanka is a staff carrier. This year they have been requested to ride to Mankato, MN in the 38+2 Dakota memorial ride. They will participate in both rides this year.
Their passion for their community, the animals and protecting the water is what lead Tatanka, MJ and Zora to file a petition to oppose the applications submitted by TransCanada. The Cheyenne River has only recently begun to recover from mercury and other poisoning caused by run-off from the Homestake and other mines in the Black Hills. The Lone Eagles want to prevent the Keystone XL pipeline from causing any further harm to the river.
During the course of their fight, MniWakan Nakicijinpi has developed three main arguments to oppose the permits. One of those arguments include questioning the reliability of the data used by the South Dakota DENR in making a recommendation to grant the permit applications. As the kids were studying the applications and the DENR report and recommendation to grant the applications, Zora noticed some missing data, with no acconting for the data in the report. When MniWakan Nakicijinpi attempted to find the missing data and seek out other missing data from the DENR, the attorney representing them filed for a protection order to prevent the DENR staff from having to provide that evidence or answer the kids' questions.
She went on to try an argue that because they are minors, they should not be allowed to continue to participate in the proceedings. The Water Management Board, who is hearing the petitions to oppose made no ruling on the matter of the participation of MniWakan Nakicijinpi and they were allowed to continue as pro se petitioners with full participation in the proceedings.
On October 3rd, during the first day of the hearing, as they were standing at the podium, ready to cross examine the DENR's first witness (who also happened to be the employee who recommended the approval of the permits based on faulty data) the state's attorney again voiced her objection and raised the issue of her protection order (which was NEVER granted.)
Without warning the presiding officer of the Water Management Board informed MniWakan Nakicijinpi that if they did not IMMEDIATELY have an attorney, they could not continue in the proceedings. The attorneys representing several entities in the hearing raised immediate questions regarding violations of MniWakan Nakicijinpi's due process rights. The hearing officer, chose instead to ignore the warning and dismissed MniWakan Nakicijinpi.
As a result, MniWakan Nakicijinpi now needs to file a due process complaint against the Water Management Board, the hearing officer and the state attorney. The hearings are scheduled to resume on October 29th. Tatanka, MJ, and Zora risk losing thier right to cross examine witnesses and to present their case to stop the permits from being issued. MniWakan Nakicijinpi sees this as both First and Fourteenth amendment violations of their rights.
The reason MniWakan Nakicijinpi are pro se petitioners, which means they are representing themselves, is because they believe their case is more effectively argued in their own voice and because they cannot afford an attorney.
They now need legal representation to file and argue their due process complaint as well as seek an immediate injunction to stop the proceedings until a legal decision in their case can be heard and decided.
The Lone Eagle family currently lives on a fixed income and need help raising funds for their legal costs.
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