USACE Issues Easement for Construction of Dakota Access Pipeline

The Army Corps of Engineers granted an easement for construction of the Dakota Access Pipeline. The agency reversed course on its previous decision to conduct a full environmental impact statement prior to issuing this easement (see: Notice of Intent To Prepare an Environmental Impact Statement in Connection With Dakota Access, LLC’s Request for an Easement To Cross Lake Oahe, North Dakota). This reversal came shortly after President Trump issued a presidential memorandum instructing the Secretary of the Army to “take all actions necessary and appropriate” to expedite the approval of the pipeline, and to consider whether the environmental assessment that had already been conducted for this pipeline provided a sufficient basis for proceeding with the project.