The U.S. Army Corps of Engineers’ decision to grant the key easement means the pipeline will keep operating but with added conditions for detecting leaks and monitoring groundwater, among others. The announcement brings an end to a drawn-out legal and regulatory saga stemming from the protests in 2016 and 2017, though further litigation over the pipeline is likely.
The $3.8 billion, multistate pipeline has been transporting oil since June 2017 from North Dakota’s Bakken oil field to a terminal in Illinois. The line carries about 4% of U.S. daily oil production, or roughly 540,000 barrels per day,
The Corps is “decisively putting years of delays to rest and moving out to safely execute this crossing beneath Lake Oahe," Assistant Secretary of the Army for Civil Works Adam Telle said in a statement.
The pipeline crosses the river upstream from the Standing Rock Sioux Tribe’s reservation, which straddles the Dakotas. The tribe has long opposed the pipeline, fearing a spill and contamination of its water supply. In 2016 and 2017, thousands of people camped and protested for months near the river crossing.
The protests resulted in hundreds of arrests and related criminal cases and lawsuits, some of them still ongoing, including litigation that threatens the future of the far-left environmental group Greenpeace.
