The Dakota Access Pipeline (DAPL), also known as the Bakken pipeline, is an underground pipeline in the United States that is 1,172 miles long (about 1,886 kilometers). It can carry up to 750,000 barrels of light sweet crude oil each day. The pipeline starts in the oil fields of the Bakken Formation in northwest North Dakota. It then travels through South Dakota and Iowa before reaching an oil terminal near Patoka, Illinois. The pipeline connects to another pipeline, the Energy Transfer Crude Oil Pipeline, which runs from Patoka to Nederland, Texas. Together, these two pipelines make up the Bakken system. This system transports 40 percent of the oil produced in the Bakken region.

The $3.78 billion project was announced to the public in June 2014. Construction began in June 2016. During the Obama presidency, the State Department estimated the project would create up to 3,900 temporary construction jobs and 35 permanent full-time jobs. During the Trump presidency, the State Department estimated the project would create 42,000 direct and indirect jobs. The pipeline was completed in April 2017 and became operational in May 2017. It is owned by Dakota Access, LLC, which is managed by Energy Transfer Partners. Other companies, including Phillips 66, Enbridge, and Marathon Petroleum, have smaller shares in the pipeline.

Protests against the pipeline took place from 2016 to 2017. These protests were organized by people who opposed the pipeline’s construction, including the Standing Rock Sioux Reservation.

History

Before the Dakota Access Pipeline was built, light sweet crude oil from the Bakken Formation was mostly moved by rail during the North Dakota oil boom. Oil production in the area grew from 309,000 barrels per day in 2010 to more than 1 million barrels per day in 2014. At that time, there were not enough pipelines to transport the increased oil production. In 2014, Energy Transfer Partners announced plans for the pipeline. Later that year, Phillips 66 bought a 25% share in the project. Energy Transfer Partners estimated the pipeline would create 12 to 15 permanent jobs and 2,000 to 4,000 temporary jobs in Iowa. The $1.35 billion investment in Iowa was expected to generate $33 million in sales tax during construction and $30 million in property tax in 2017. Energy Transfer hired "Strategic Economics Group" in West Des Moines to prepare this analysis.

In September 2014, Dakota Access held its first meeting with the Standing Rock Sioux Tribal Council. Meetings for landowners in South Dakota and Illinois took place in October 2014. Starting on December 1, 2014, meetings were held in each affected county in Iowa. Meetings in Fort Madison, Sioux Center, Oskaloosa, and Storm Lake brought hundreds of people who shared their support or concerns about the pipeline. A webinar for Brown and Hancock County, Illinois, happened in February 2015.

On October 29, 2014, Dakota Access submitted the project to the Iowa Utilities Board (IUB). This came after Iowa Governor Terry Branstad refused requests from activists and environmental groups to stop the plans. In December 2014, Dakota Access applied for a permit from the North Dakota Public Service Commission. In January 2015, the company filed the application with the IUB. In February 2015, it applied for sovereign land and floodplain permits with the Iowa Department of Natural Resources. In April 2015, Iowa Senate Study Bill 1276 and House Study Bill 249 moved forward with support from Senator Robert Hogg and State Representative Bobby Kaufmann. These bills required Dakota Access to get voluntary easements from 75% of landowners along the route before using eminent domain.

The Iowa Utilities Board approved the pipeline on March 10, 2016, by a 3 to 0 vote. This was the last of four states to approve the project. The approval followed 18 public meetings, pre-filled testimony, thousands of public comments, and 12 days of public hearings. Conditions of the approval included $25 million in liability insurance, guarantees that parent companies would pay for damages from leaks or spills, a revised plan to reduce agricultural impacts, a timeline for construction notices, updated condemnation forms, and acceptance of the board’s terms. The IUB said the pipeline would benefit the public. The next day, Dakota Access reported it had secured voluntary easements on 82% of the 1,295 affected land parcels in Iowa. A week later, the company asked the IUB to speed up construction, claiming its insurance policies were trade secrets and "would serve no public purpose." Dakota Access also filed 23 lawsuits to gain easements through North Dakota.

A 2015 poll showed 57% of Iowans supported the pipeline. Construction was expected to create 42,000 jobs with $2 billion in wages.

In March 2016, the U.S. Fish and Wildlife Service approved a permit for construction on sovereign lands. In late May 2016, this permit was temporarily revoked in three Iowa counties where the pipeline would cross the Big Sioux River and the Big Sioux Wildlife Management Area. These areas include historic and cultural sites of the Upper Sioux tribe, including graves in Lyon County. Also in May 2016, Iowa farmers sued the state to stop using eminent domain.

In June 2016, the IUB voted 2 to 1 to allow construction on non-sovereign lands to continue. The Sierra Club said this action was illegal until the U.S. Corps of Engineers approved the project. In late June 2016, construction resumed in Lyon County after plans changed to route the pipeline 85 feet below the surface using directional boring instead of trenching. In December 2016, the approval was challenged in Polk County District Court. In July and August 2016, the U.S. Army Corps of Engineers approved water crossing permits and issued all but one required permission for construction.

On July 27, 2016, the Standing Rock Sioux Tribe sued the Corps in the U.S. District Court for the District of Columbia. A request for a preliminary injunction was denied in September 2016. The tribe’s appeal was denied in October 2016.

In August 2016, Enbridge (75%) and Marathon Petroleum (25%) agreed to buy a 49% stake in Dakota Access, LLC for $2 billion. The deal was completed in February 2017 after the final easement was granted.

In September 2016, the U.S. Department of Justice received over 33,000 petitions to review all permits and study the pipeline’s environmental effects. On September 9, 2016, the U.S. Departments of Justice, Army, and Interior issued a joint statement to temporarily halt the project on federal land near Lake Oahe. The federal government asked the company to pause construction near the lake until further study was done. Energy Transfer Partners refused and continued construction. On September 13, 2016, the company’s CEO said concerns about water safety were "unfounded" and claimed no sacred items were found along the route.

On November 1, 2016, President Obama said his administration was monitoring the situation and working with the Corps to consider rerouting the pipeline to avoid sacred lands. On November 14, 2016, the Corps said more analysis was needed due to the history of the Great Sioux Nation, the importance of Lake Oahe to the tribe, and legal requirements for government property. Energy Transfer Partners criticized the Obama administration for "political interference" and said delays would increase costs. North Dakota Governor Jack Dalrymple said the pipeline was safe and called the decision "long overdue." Craig Stevens of the Midwest Alliance for Infrastructure Now (MAIN) Coalition said the delay was "death by delay" and criticized the administration for "inaction." North Dakota Senator John Hoeven said the delay would only worsen the situation.

Technical description

The pipeline cost $3.78 billion, with $1.4 billion invested in the North Dakota portion, $820 million in the South Dakota portion, $1.04 billion in the Iowa portion, and $516 million in the Illinois portion.

The pipeline has a permanent easement of 50 feet (15 m) and a construction right-of-way of up to 150 feet (46 m). The 30-inch-diameter (760 mm) pipeline is buried at least 48 inches (1.2 m) deep from the top of the pipe or 2 feet (0.61 m) below any drain tiles. The pipeline is 1,172 miles (1,886 km) long and has a diameter of 30 inches (760 mm). The total volume of the pipeline is 30,214,400 cubic feet (855,576 cubic meters). The pipeline can transport 2.6 million cubic feet (75,000 cubic meters) of product each day. It would take about 11.4 days to empty the entire pipeline if it were to discharge all its contents.

In 2021, Energy Transfer Partners expanded the pipeline’s capacity from 570,000 barrels per day to 750,000 barrels per day.

Comparison to rail transport

The developer claimed that the pipeline increases public safety, helps the U.S. become more self-reliant in energy, and provides a safer and more dependable way to move oil to refineries compared to rail or road. Supporters said the pipeline would free up railroads, allowing farmers to transport more grain from the Midwest. In July 2014, Bakken shale oil was moved through nine Iowa counties using only three freight trains each week. In June 2014, 32 trains carrying Bakken oil passed through Jo Daviess County in northwestern Illinois each week.

Ownership

The pipeline is owned by Energy Transfer (36.4% share), MarEn Bakken Company LLC, and Phillips 66 Partners. MarEn Bakken Company LLC is a company owned by MPLX LP (a company connected to Marathon Petroleum) and Enbridge Energy Partners L.P.

Bakken Holdings Company and Phillips 66 also co-own another part of the Bakken system, the Energy Transfer Crude Oil Pipeline. This pipeline runs from Patoka to storage terminals in Nederland, Texas.

Financing

The pipeline project cost $3.78 billion. Of this amount, $2.5 billion came from loans, and the remaining money was obtained by selling ownership in Dakota Access, LLC to Enbridge and Marathon Petroleum. The loans were provided by a group of 17 banks, including Citibank, Wells Fargo, BNP Paribas, SunTrust, Royal Bank of Scotland, Bank of Tokyo-Mitsubishi, Mizuho Bank, TD Securities, ABN AMRO Capital, ING Bank, DNB ASA, ICBC, SMBC Nikko Securities, and Société Générale.

Because of pressure from the Dakota Access Pipeline protests, some banks decided to stop providing funding for the project. This included DNB ASA Financial Services Group. In February 2017, the city council in Seattle, Washington, voted unanimously to stop its contract with Wells Fargo. This decision was partly because Wells Fargo had lent money to the pipeline project and had created millions of fake bank accounts. The council also said the process to choose a new bank would consider social responsibility. Similarly, the city council in Davis, California, voted unanimously to find a new bank to manage its accounts by the end of 2017. In March 2017, ING sold its share in the loan but kept the possibility of being held responsible if the loan was not repaid.

Thirteen of the 17 banks that financed the pipeline were members of the Equator Principles. Even though concerns were raised that the project might risk the water supply from Lake Oahe and the Missouri River if a leak occurred, the project was still approved for financing.

Route

The pipeline route begins at the Bakken and Three Forks sites in northwestern North Dakota. It starts in Stanley, North Dakota, and travels southeast to end at an oil tank farm near Patoka, Illinois. The pipeline crosses 50 counties in four states and is built on private land. Parts of the route pass through waters of the United States and flood control areas managed by the United States Army Corps of Engineers.

In North Dakota, the 346-mile (557 km) route goes through seven counties. The project includes 143 miles (230 km) of oil-gathering pipelines and 200 miles (322 km) of larger transmission pipelines. The route begins with a terminal in Stanley and runs west to five additional terminals in Ramberg Station, Epping, Trenton, Watford City, and Johnsons Corner. It then becomes a transmission line, passing through Williston, the Watford City area, south of Bismarck, and crossing the Missouri River again north of Cannon Ball. The route also includes six tank farm locations and one electric pump station.

During early planning, the pipeline was proposed to be built 10 miles (16 km) northeast of Bismarck, North Dakota. The United States Army Corps of Engineers (USACE) reviewed alternative routes as required by the National Environmental Policy Act. One alternative route north of Bismarck was not chosen because it did not align with other infrastructure, had impacts on water resources, did not meet the North Dakota Public Service Commission’s 500-foot residential buffer rule, and would have affected areas designated as High Consequence areas by the Pipeline and Hazardous Materials Safety Administration.

Before applying for a permit from the North Dakota Public Service Commission, the Bismarck route was rejected by the USACE. This decision was described by Jesse Jackson as environmental racism. The pipeline was later moved to an existing pipeline corridor next to the Northern Border Pipeline, a natural gas pipeline built in 1982. The Dakota Access Pipeline planned to cross the Missouri River near the same location as the Northern Border Pipeline. The pipeline was designed to be bored through the ground without touching the river and would be buried up to 90 feet (27.4 m) below the riverbed.

In South Dakota, the pipeline travels 274 miles (441 km) through 12 counties: Campbell, McPherson, Edmunds, Faulk, and Spink. The system includes one electric pump station.

In Iowa, the pipeline extends about 347 miles (558 km) diagonally through 18 counties: Lyon, Sioux, O'Brien, Cherokee, Buena Vista Sac, Calhoun, Webster, Boone, Story (which will have a pumping station), Polk, Jasper, Mahaska Keokuk, Wapello, Jefferson, Van Buren, and Lee. The system includes one electric pump station.

In Illinois, the 177-mile (285 km) route goes through 12 counties.

Federal agencies permissions

Most of the pipeline was built with permits given by state laws. Federal authority applies to 37 miles of the pipeline where it crosses or goes under streams, rivers, and federal dams, managed by the United States Army Corps of Engineers (USACE). The USACE reviewed parts of the pipeline route, including an environmental study of river crossings and specific permit-related areas. It concluded that these parts would not cause major environmental harm. However, it did not study the full environmental effects of the entire project across four states. The USACE was allowed to approve the following:

• Approval for 202 crossings of water areas under Nationwide Permit #12, based on Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act;
• Permission to cross water areas managed by USACE at Lake Sakakawea and Carlyle Reservoir, under Section 14 of the Rivers and Harbors Act (33 U.S.C. Section 408);
• Approval to adjust the Oahe Dam/Lake Oahe project by allowing crossings of federal land managed by USACE for flood control and navigation, under Section 408;
• Permission to cross the McGee Creek Levee, the Illinois River navigation channel, and the Coon Run Levees, under Section 408;
• Approval to drill horizontally under the Mississippi River navigation channel, under Section 408.

On June 14, 2017, a federal judge told the government to do more studies on the pipeline but did not stop the pipeline from operating. On March 25, 2020, a U.S. District judge ordered the U.S. Army Corps of Engineers to complete a full environmental review.

Concerns

Before the pipeline was built, some farmers worried about changes to the land, such as tiling, soil loss, and soil quality. They also worried about possible leaks in the pipeline caused by unstable ground in areas that often flood, which could harm the environment or spread invasive plants to nearby land.

In 2014, conservation groups raised concerns about the pipeline’s safety and its effects on air, water, wildlife, and farming. Groups like Greenpeace, the Science & Environmental Health Network, and a group of over 160 scientists spoke against the pipeline in 2016.

In 2016, environmentalists and Native American groups worried that the Missouri River might become polluted if the pipeline leaked. The Sioux tribes were especially concerned because the pipeline runs under Lake Oahe, a major water source.

In March 2015, a poll by the Des Moines Register showed that 57% of Iowans supported the Dakota Access Pipeline, but 74% opposed using eminent domain to take private land for the project. In 2016, landowners in Iowa worried about allowing the government to take their land, especially farmland.

In August 2016, Dakota Access, LLC said it had agreements with 99% of landowners along the pipeline’s route. In Iowa, 99% of landowners along the route had signed voluntary agreements.

The Standing Rock Sioux and Cheyenne River Sioux tribes opposed the pipeline, even though it did not cross tribal lands. In September 2014, Standing Rock Chairman Dave Archambault II said the tribe opposed any pipeline within treaty boundaries that include parts of North Dakota, Montana, Wyoming, and South Dakota. The tribe argued the pipeline might cross sacred sites and threaten its water supply. Dakota Access said the route was chosen because it followed existing infrastructure like railways and other pipelines.

The Mandan, Hidatsa, and Arikara Nation (Three Affiliated Tribes) first supported the Standing Rock Sioux’s protest but later opposed shutting down the pipeline, saying it would harm their finances. They use the pipeline to transport 60% of the oil produced on their land.

The Meskwaki tribe opposed the pipeline, saying it could replace the Keystone XL Pipeline if that project was not built.

The Standing Rock Sioux Tribe sued the U.S. Army Corps of Engineers (USACE) in 2016, claiming the agency ignored the tribe’s concerns about sacred sites and culturally important areas. The court rejected the lawsuit, saying the USACE likely followed its duty to consult with the tribe.

In September 2016, Dave Archambault II spoke to the United Nations Human Rights Council, saying the U.S. government and oil companies ignored the Sioux’s rights under the 1851 Treaty of Traverse des Sioux and the 1868 Treaty of Fort Laramie. A U.N. expert criticized the U.S. for not involving the tribe in planning and for failing to share information about the pipeline. The USACE said it held 389 meetings with over 55 tribes, including nine with the Standing Rock Sioux. Kelcy Warren, a company official, said the pipeline does not cross Native American land.

In December 2016, Trump’s Native American Coalition held a meeting to discuss the pipeline’s effects, environmental protections, and safety concerns.

Groups like the Standing Rock Sioux and the Society for American Archaeology questioned whether archaeological surveys along the pipeline’s path were thorough. These surveys, required by the National Historic Preservation Act (NHPA), aim to identify sites and traditional cultural properties. The initial survey found 149 sites, and the pipeline was moved to avoid 140 of them. The Advisory Council on Historic Preservation criticized the surveys for not considering the pipeline as a whole and for not involving tribes enough.

Tribal consultants help archaeologists find sites that are harder to see, such as traditional cultural properties, which are places important to a community’s beliefs and traditions. The Standing Rock Sioux refused to consult with the USACE unless they could review the entire pipeline. At Lake Oahe, tribal consultants identified cultural sites and a cemetery the USACE had not known about.

In September 2016, Tim Mentz, a former historic preservation officer for the Standing Rock Sioux, told a court that 27 graves and 82 sacred sites would be disturbed by the pipeline near the Cannonball River. That area was bulldozed soon after. In October 2016, 1,281 scientists and experts sent a letter supporting the tribe, calling for more study of the pipeline’s impact in South Dakota. The Society for American Archaeologists also wrote to the USACE about concerns.

The North Dakota State Historic Preservation Office evaluated the area Tim Mentz mentioned and found only four stone features would be directly affected. However, some people still worry about the pipeline’s overall impact on sites outside the 150-foot corridor. Jon Eagle, a tribe historic preservation officer, was not allowed to access private land during evaluations. The tribe claims evidence was destroyed during construction.

Protests

In the spring of 2016, protests began at pipeline construction sites in North Dakota. Indigenous people, who called themselves water protectors and land defenders, joined the protests from across North America, along with many other supporters. This event became the largest gathering of Native Americans in the past 100 years.

In April 2016, an elder from the Standing Rock Sioux Tribe created a camp near the Missouri River on the Standing Rock Sioux Reservation. The camp, called Sacred Stone Camp, was a place to protect Native American culture and oppose the pipeline. By summer, the camp had grown to include thousands of people. In July, a group of Native American youth called ReZpect Our Water marched from Standing Rock, North Dakota, to Washington, DC. They wanted to raise awareness about the pipeline’s potential harm to drinking water sources, including the Missouri and Mississippi rivers, which many people depend on for water and farming.

The protests gained international attention and changed how people in the United States discussed environmental projects that might affect Native American lands. However, mainstream media in the United States covered the events little until early September 2016. At that time, construction workers used bulldozers to clear a section of land that tribal officials had identified as a historic and sacred site. When protesters entered the area, security workers used attack dogs, which injured at least five people. This event was recorded and shared online, where millions of people watched it. In late October, soldiers and police used riot gear and military equipment to remove an encampment located in the path of the proposed pipeline.

State and federal officials reported that several fires were set intentionally in Iowa during 2016, damaging pipeline construction equipment. One fire in August 2016 caused nearly $1 million in damage to equipment in Jasper County, Iowa. Two other fires occurred in the same county around the same time, and another fire happened in Mahaska County. In October, another fire caused $2 million in damage to pipeline equipment in Jasper County, Iowa.