Dakota Access Pipeline

The Environmental & Energy Law Program is tracking the environmental regulatory rollbacks of the Trump administration. Click here for the list of rules we are following.

Why it Matters

The Dakota Access Pipeline (or DAPL) was built to transport crude oil from the Bakken field in North Dakota to Illinois. The pipeline crosses under the Missouri and Mississippi Rivers and Lake Oahe, and runs within a half-mile of the Standing Rock Sioux Reservation, through land taken by Congress from the tribe in 1958. The DAPL also runs through important cultural and burial sites for Standing Rock and other tribal nations.

Most of the DAPL was permitted and built under state law. However, the federal government has authority over 37 miles of the 1100-mile pipeline, where the pipeline passes over or under streams, rivers, and federal dams. The Standing Rock Sioux, other tribes, and environmental groups oppose the pipeline because of the greenhouse gas emissions from oil that it carries, and out of concern that a spill might contaminate state and tribal drinking water supplies.

Current Status

The pipeline is built and in operation; in October, 2017 a court rejected efforts to halt operation pending litigation. The tribes have asked for stricter oversight of pipeline operations, which the D.C. District court granted on December 4, 2017. The pipeline developer has sued environmental groups for their protest activities against the Standing Rock portion of pipeline.

On August 31, 2018, the Army Corps of Engineers concluded its court-ordered NEPA analysis and found that it doesn’t need to revisit its 2016 approval of the now-operating project.

Click here learn more about the history of this rule and actions that have been taken on it by the Trump Administration.

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