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1 1 (May 4, 2020)

handle is hein.crs/govdafa0001 and id is 1 raw text is: i% 'N\ r Court Rules Dakota Access Pipeline Needs Further Environmental Review May 4, 2020 The Dakota Access Pipeline (DAPL), a crude oil pipeline developed by Energy Transfer Partners, carries crude oil from the Bakken fields in northwest North Dakota to southern Illinois. As discussed in this Legal Sidebar, the DAPL has been the subject of extensive debate and media attention, as well as prolonged litigation. Much of the attention on the DAPL centers on the portion of the pipeline route that is near or runs under Lake Oahe in North Dakota, a lake that has particular significance to Native Americans in the region. The U.S. District Court for the District of Columbia (D.C. District Court) recently held that this controversial portion of the route needs further environmental review. Background on DAPL Environmental Review Because the pipeline crosses waters subject to regulation under the Clean Water Act and land controlled by the federal government, federal law required the Army Corps of Engineers (Corps) to issue several authorizations for the project, including authorization for the stretch of pipeline under Lake Oahe. The Corps' federal actions triggered the National Envirownental Policy Act (NEPA), which requires federal agencies to assess the environmental impacts of a proposed action before making a decision about that action. Under NEPA, agencies considering actions not eligible for categorical exclusions must prepare Environmental Assessments (EAs). If the federal action will significantly affect the quality of the human environment, agencies must prepare an Environmental Impact Statement (EIS). (Sometimes the agency skips the EA and moves directly to prepare the EIS.) Despite a pre vious determination that the Corps should prepare an EIS to assess the environmental impacts of the Corps action in depth, a 2017 Presidenial Memorandum encouraged the Corps to consider a previously published EA-one that concluded with a Finding of No Significant Impact- sufficient to satisfy NEPA. Litigation over NEPA Compliance The Corps followed the Presidential Memorandum and did not prepare an EIS. Instead, it finalized its decision to issue a right of way under Lake Oahe and notified Congress in February 2017. However, a number of groups challenged the Corps' decision, alleging, among other things, that the Corps had not satisfied NEPA's requirements. The D.C. District Court fomd flaws in the Corps' NEPA compliance. As a Congressional Research Service https://crsreports.congress.gov LSB10457 CRS Lega Sidebar Prepared for Members aisd C o m m itte esn o ff C oof- _rr ss s ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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