U.S. Army Corps of Engineers Issues Record of Decision for Dakota Access Pipeline Lake Oahe Crossing

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WASHINGTON, D.C. - After nearly a decade of objections and obstructions, the U.S. Army Corps of Engineers (USACE) issued its Record of Decision (ROD) for the Dakota Access Pipeline (DAPL) Lake Oahe Crossing, completing the court-ordered environmental review process. This ROD authorizes an easement for the pipeline's continued operation.

U.S. Senator Kevin Cramer (R-ND), Chair of the Senate Environment and Public Works Subcommittee on Transportation and Infrastructure, released the following statement after the ROD was published:

"The ultimate authorization of the Dakota Access Pipeline really was a very lengthy, litigious episode," said Cramer. "It highlights how extremists, these activists, in some cases these paid activists, their activist judges, a bad administration-how complicit all of that is in hijacking our regulatory system, which is fraught with objections and obstructions. As we face this growing energy demand for a growing economy, we have to pass some permitting reform that prevents this bureaucratic abuse and gives infrastructure investment projects certainty. These big projects, whether they're pipelines, transmission lines, refineries, mining, the extraction of our minerals, all of it takes more money and more years to litigate than it does to build. That has to stop, and I'm committed to it. The Dakota Access Pipeline is a great example of why we need to make these reforms that we're working on, and hopefully we'll get some things done this year. In the meantime, congratulations to Energy Transfer, congratulations to the state of North Dakota. Thank you, President Trump, and thank you, Assistant Secretary Adam Telle. I'm grateful to be your friend and I'm glad that our friendship can help us build a bigger, better energy sector in the state of North Dakota and around the country."

"With the completion of this Environmental Impact Statement and this Record of Decision, we are decisively putting years of delays to rest and moving out to safely execute this crossing beneath Lake Oahe," said Adam Telle, Assistant Secretary of the Army for Civil Works. "The U.S. Army Corps of Engineers are delivering the clear, consistent regulatory decisions required to provide certainty to the American economy and advance President Trump's American energy dominance agenda, while protecting our natural resources."

"The U.S. Army Corps of Engineers is committed to ensuring protection of the Missouri River and Lake Oahe while carrying out its responsibilities under federal law," said U.S. Army Col. Robert Newbauer, Omaha District commander. "This decision reflects a comprehensive analysis of environmental impacts, reliability, and safety, informed by public input and government-to-government consultation with Tribes."

The ROD reauthorizes an easement for the continued operation of the pipeline beneath Lake Oahe while incorporating additional monitoring and response measures.

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 reversed course on its own recommendation, obstructing the project and allowing thousands of protesters to illegally reside on USACE land. This caused 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 James Boasberg ordered a remanded EA on June 14, 2017, which was completed in August 2018, but rejected by the court on March 25, 2020. The court then ordered a full Environmental Impact Statement (EIS), which was completed on Dec. 19. The ROD is the final step of the EIS ordered by Judge Boasberg.

The DAPL has safely delivered crude oil since becoming operational on June 1, 2017. Nevertheless, at the urging of environmental activists, federal court decisions have mandated further analysis under NEPA. This Record of Decision follows the third NEPA analysis covering the roughly 1,000-foot reservoir crossing provided by the USACE in over nine years.