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WASHINGTON, D.C. – Today, the U.S. Army Corps of Engineers (USACE) issued its final Environmental Impact Statement (EIS) for the Dakota Access Pipeline. After months of illegal protests and costly bureaucratic delays, Judge James Boasberg issued a highly partisan ruling in March 2020 requiring the EIS.
U.S. Senator Kevin Cramer (R-ND), Chair of the Senate Environment and Public Works Subcommittee on Transportation and Infrastructure, released a statement following its publication:
“This announcement of the Dakota Access Pipeline’s final Environmental Impact Statement has been nearly a decade in the making, for one EIS over a couple hundred yards. The Dakota Access Pipeline has already been safely operating for over eight years, which we all know in North Dakota. It moves millions of barrels of oil every single week, which just proves that an EIS is nothing more than a very expensive formality.”
“The opposition and delay from within the Obama and Biden administrations was never about the environment or public safety, frankly everyone knows that pipelines are the safest and most environmentally friendly way to move product. But it was kowtowing to a fringe of activists and serial litigants who have as their goal nothing more than killing fossil fuels. Requiring the EIS was pure regulatory abuse, in my view, but it does confirm what we already knew: the Dakota Access Pipeline is operating safely, and it gets Bakken crude to market cleaner, safer, and quicker than any other mode of transportation. Finalizing the EIS and finally granting the easement puts this waste of time in the rearview mirror, thank goodness, so we can finally focus on what really matters: American energy dominance.”
The National Environmental Policy Act (NEPA) requires federal agencies to assess the environmental effects of major federal actions, in this case an easement covering 0.21 miles of federal land under Lake Oahe. During the Obama administration, on July 25, 2016, the USACE published a final Environmental Assessment (EA) and a Mitigated Finding of No Significant Impact for the DAPL crossing of Lake Oahe. Litigation was filed against the USACE on this determination. The Obama administration allowed thousands of protesters to illegally reside on USACE land causing serious public safety issues and environmental damage, including 9.8 million pounds of garbage and hazardous materials cleanup at taxpayer expense. After President Donald Trump took office, the USACE granted the easement on Feb. 8, 2017, allowing construction to be completed. Judge Boasberg ordered a remanded EA on June 14, 2017, which was completed in Aug. 2018, but rejected by the court on March 25, 2020. The court then ordered a full EIS.
The DAPL has safely delivered crude oil since becoming operational on June 1, 2017. Nevertheless, several federal court decisions have directed further analysis under NEPA. This is the third NEPA analysis covering the roughly 1,000-foot reservoir crossing provided by the USACE in over nine years. The Record of Decision is expected 30 days after after EIS publication in the Federal Register.