Update: December 1, 2023
The comment period has now closed.
The U.S. Army Corps of Engineers, Omaha District is seeking public comments on the recently published Draft Environmental Impact Statement (DEIS) for the Dakota Access Pipeline (DAPL). The Army Corps of Engineers will also hold public meetings in November.
On March 25, 2020, the U.S. District Court for the District of Columbia ordered the Corps to prepare an EIS because the pipeline’s “effects on the quality of the human environment are likely to be highly controversial.”
Despite significant opposition from tribes and environmental groups, on May 3, 2021, the Army Corps of Engineers announced it would keep the pipeline operational while preparing the court-ordered environmental impact statement. The pipeline still lacks a key permit from the Corps to cross under Lake Oahe in South Dakota. The draft EIS issued on Friday analyzes the impacts of issuing that permit.
The Dakota Access Pipeline begins in northwest North Dakota and continues through South Dakota and Iowa to an oil terminal near Patoka, Illinois. The pipeline was originally supposed to cross the Missouri River near Bismarck, but it was moved over concerns that an oil spill at that location would have wrecked the state capital’s drinking water. The pipeline was rerouted to cross under Lake Oahe about a half mile upstream of the northern boundary of the Standing Rock Reservation.
Grassroots Protests Against DAPL
The Standing Rock Sioux, other tribes, and environmental groups oppose the pipeline. The Tribe’s position against the Pipeline was because of the greenhouse gas emissions from oil that it carries, and concerns that a spill would contaminate tribal drinking water.
In solidarity with the Standing Rock Sioux Tribe position on DAPL, thousands of Native Americans from more than a hundred tribes, joined in protest of the Pipeline. The protests began in April 2016 as a grassroots opposition to the construction of pipeline.
As the protest grew, the Oceti Sakowin (Seven Council Fires) Camp was formed when hundreds of people traveled to Cannon Ball, North Dakota, to join the effort. Thousands of protestors or “Water Protectors,” as they prefer to be called, made up three camps, with the Oceti Sakowin Camp serving as the main camp. The protests ended on February 23, 2017 when National Guard and law enforcement officers evicted the last remaining protesters.
Federal Court Orders DAPL Environmental Impact Statement
While the protests were going on, the Standing Rock Sioux Tribe, represented by EarthJustice, sued the U.S. Army Corps of Engineers for violating the National Historic Preservation Act and other laws. The District Court for the District of Columbia granted the Tribe’s request by the Standing Rock Sioux Tribe to strike down federal permits for the controversial Dakota Access Pipeline.
The Court found the U.S. Army Corps of Engineers violated the National Environmental Policy Act when it affirmed federal permits for the pipeline originally issued in 2016. Specifically, the Court found significant unresolved concerns about the potential impacts of oil spills and the likelihood that one could take place. For example, the Court criticized the Corps for failing to address the Standing Rock Sioux Tribe’s expert criticism of its analysis, citing issues like potential worst case discharge, the difficulty of detecting slow leaks, and responding to spills in winter. Similarly, the Court observed that DAPL’s parent company’s abysmal safety record “does not inspire confidence,” finding that it should have been considered more closely.
Tribal Leaders Respond to Review Process
The Court ordered the Corps to prepare a full environmental impact statement on the pipeline, something that the Tribe has sought from the beginning of this controversy.
The Standing Rock Sioux Tribe has already issued a statement about the draft Environmental Impact Statement.
The entirety of the environmental review process hasn’t been taken seriously and is compromised because the Corps selected a company with a clear conflict of interest to prepare the just-released draft EIS. Environmental Resources Management — which also produced a sparkling environmental review for the Keystone XL pipeline, later shelved due to environmental concerns — is a member of the American Petroleum Institute. That organization previously filed a legal brief in support of DAPL in Standing Rock’s suit against the Army Corps.
Standing Rock Sioux Tribe Chairwoman Janet Alkire
Moreover, Environmental Resources Management has contracted with at least five separate companies with an ownership interest in DAPL.
According to the Army Corps of Engineers, the DEIS is not a decision and does not authorize the easement. DEIS is the second step in the National Environmental Policy Act environmental review process for a range of proposed alternatives. The Final Environmental Impact Statement will include public comments that were received during the Draft Environmental Impact Statement public review period.
How to Provide Comments
Public comments on the DAPL Draft Environmental Impact Statement can be mailed to:
Attn: Brent Cossette
U.S. Army Corps of Engineers
CENWO-ODT-N
1616 Capitol Avenue
Omaha, NE 68102
Comments can also be emailed to NWO-DAPL-EIS@usace.army.mil.
Comments on the Draft Environmental Impact Statement must be received no later than November 13, 2023.
Public Meetings
The Omaha District has scheduled two public meetings on November 1, 2023 and November 2, 2023. The public meetings will be conducted in-person at the following location:
Where: The Radisson Hotel, 605 E Broadway Ave, Bismarck, ND 58501
When: November 1 and 2, 2023 from 6-9 p.m. CST
