Dakota Access Pipeline Should Continue Operating, U.S. Army Corps of Engineers Says

The Final Environmental Impact Statement clears the last major regulatory step before the U.S. Army Corps of Engineers decides whether Dakota Access can continue operating beneath Lake Oahe — a decision that could end years of uncertainty for one of the nation’s most controversial oil pipelines.

(P&GJ) — The U.S. Army Corps of Engineers, Omaha District, has published the Final Environmental Impact Statement (EIS) evaluating Dakota Access’s request for an easement to continue operating the Dakota Access Pipeline beneath federally managed land at Lake Oahe, the agency said Dec. 19.

The pipeline has been in service since 2017 and crosses federal land under authority of the Mineral Leasing Act. Publication of the Final EIS completes the environmental review required under the National Environmental Policy Act and precedes the agency’s consideration of a Record of Decision.

According to the Omaha District, the Final EIS incorporates comments received from Tribal governments, federal and state agencies, and the public during the draft review process. The document evaluates alternatives related to Dakota Access, LLC’s request to maintain the existing pipeline easement at the Lake Oahe crossing.

Publication of the Final EIS does not represent a final decision. Following publication in the Federal Register, a 30-day waiting period is required. After that period concludes on Jan. 20, 2026, the U.S. Army Corps of Engineers may issue a Record of Decision identifying a selected alternative and any associated commitments.