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Home arrowNews arrowUpdate: Army Corps Decision on Dakota Access Pipeline

Update: Army Corps Decision on Dakota Access Pipeline

The U.S. Army Corps of Engineers announced on December 4 that it decided not to grant an easement to the Dakota Access Pipeline to cross the Missouri River on Corps land until a fuller analysis of alternatives is completed. The Corps indicated this decision is based in part on National Environmental Policy Act (NEPA) regulations and its interest in greater public and tribal participation in infrastructure project reviews such as this.
The Corps has not indicated whether it intends to reopen or conduct any further review under Section 106 of the National Historic Preservation Act (NHPA) related to this action. At present, the Corps has determined it has fulfilled its obligations under Section 106 for the pipeline project. As reflected in its correspondence with the Corps (see here), the ACHP has questioned the sufficiency of the Corps' review for the entire 1,172-mile pipeline under Section 106. The lawsuit filed by the Standing Rock Sioux Tribe and others regarding the Corps? environmental review of the pipeline project, including its compliance with Section 106, remains under consideration in federal court.
An interagency work group is currently reviewing the outcome of several recent tribal consultation meetings held by the Corps, the Department of Justice, and the Department of the Interior that examined steps the federal government might take to better ensure meaningful tribal input into infrastructure project reviews and decisions. ACHP staff is participating in the work group?s analysis of the meetings and development of further actions.

Posted December 12, 2017