The Biden administration told a federal court Apr. 9 it will allow the Dakota Access crude oil pipeline to keep operating while environmental studies are completed.
Environmental activists responded with statements of dismay and charges that President Biden was following in the footsteps of President Trump. Possibly in anticipation of those reactions, the administration declined to publicly explain its policy decision.
Completion of a lengthy environmental impact statement (EIS) is now expected in early 2022, said environmental law firm Earthjustice, which has represented the lead plaintiff in this case, the Standing Rock Sioux Tribe. After that, the US Army Corps of Engineers, as the regulatory authority preparing the EIS, will need to decide the fate of the line, Earthjustice said.
“It’s time to put pressure on the White House,” Earthjustice said. “Though President Biden has stated his commitment to improving tribal consultation and taking bold action to tackle climate change, his administration took a stance today that is identical to that of the Trump administration.”
Similar statements were issued by the Sierra Club and the Natural Resources Defense Council.
Court still considering
The US District Court for the District of Columbia in 2020 vacated the easement granted by the Corps of Engineers allowing the pipeline to cross under the Missouri River. The court also ordered the line shut down. An appeals court blocked the shutdown order but said the Corps needed to decide whether vacatur of the easement required a shutdown (OGJ Online, Feb. 1, 2021).
The Standing Rock Sioux Tribe continues to seek an injunction to shut the pipeline down. Judge James Boasberg’s 2020 shutdown order was overruled because of procedural flaws, but he still has a decision to make on the injunction request.
It also is possible that an EIS completed under Biden political appointees could conclude that the environmental risks of the river crossing outweigh the benefits of the line, and that the line should be shut down rather than granted a new easement.
Energy Transfer LP operates the line through its unit Dakota Access LLC. The line, in operation since June 2017, carries 570,000 b/d of crude oil more than 1,170 miles from North Dakota to a pipeline hub at Patoka, Ill. Connections there take the oil as far as the Gulf Coast.
Energy Transfer has since 2019 filed documents with state regulators about the idea of increasing volume on the line, possibly doubling capacity. The higher volume would be achieved by adding pumps at new and existing pump stations for more horsepower, without need of additional pipe or higher operating pressure.