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U.S. Army Corps of Engineers Recommends Continued Operation of Dakota Access Pipeline

12/20/2025, 12:26:16 AM

Overview of the Environmental Impact Statement

On December 19, 2025, the U.S. Army Corps of Engineers (USACE) released a long-awaited Environmental Impact Statement (EIS) regarding the Dakota Access Pipeline (DAPL). The EIS recommends that the pipeline continue its operations, contingent upon the implementation of additional safety measures. This decision marks a significant development in the ongoing legal disputes surrounding the pipeline, particularly with the Standing Rock Sioux Tribe, which has opposed the pipeline's operation due to concerns over water quality and environmental risks.

Key Findings of the Environmental Impact Statement

The nearly 500-page EIS concluded that DAPL could operate while recommending several safeguards. These include groundwater monitoring, fish tissue residue analyses, water and sediment sampling, and the installation of advanced leak detection technology. The pipeline, which stretches 1,100 miles and transports up to 750,000 barrels of oil daily from North Dakota to Illinois, has been under scrutiny since a U.S. court mandated a more comprehensive environmental review in 2022.

Legal Context and Ongoing Litigation

The recommendation from USACE could potentially weaken the legal challenges posed by the Standing Rock Sioux Tribe, which has claimed that the pipeline operates illegally due to the absence of a necessary easement and a final environmental impact report. A recent lawsuit filed by the tribe was dismissed in March 2025, and they are currently appealing this decision. The tribe's legal battles have been compounded by a separate ongoing litigation involving Greenpeace and Energy Transfer, the pipeline's operator, which has accused Greenpeace of inciting protests against the pipeline nearly a decade ago.

Official Statements and Responses

North Dakota Governor Kelly Armstrong praised the Army Corps' report, stating that the pipeline has become "an essential part of our nation’s energy infrastructure." However, the Standing Rock Sioux Tribe has not yet issued a formal response to the EIS, and a lawyer representing the tribe did not immediately comment on the matter.

Criticism and Opposition

Environmental groups, including Greenpeace, have expressed concerns regarding the implications of the EIS. They argue that the pipeline poses significant risks to water quality, particularly as it crosses Lake Oahe, located near the Standing Rock Sioux Reservation. The ongoing legal battles and the potential financial repercussions for Greenpeace highlight the contentious nature of the pipeline's operation and the broader environmental implications.

Conflicting Reports and Gaps

While the EIS supports the continued operation of DAPL with conditions, it remains uncertain whether these recommendations will be fully implemented. The legal landscape surrounding the pipeline is complex, with various lawsuits and appeals ongoing, which may influence future operations.

What's Next

The USACE's recommendation is not yet finalized, and further developments in the legal disputes involving the Standing Rock Sioux Tribe and Greenpeace are anticipated. The outcome of these cases will likely shape the future of the Dakota Access Pipeline and its operational status.