On January 13, 2017, the Board issued an Order Requiring Notice Prior to Resuming Fieldwork.
On December 29, 2016, the Board issued an Order Regarding Service of Winter Suspension Letter. The Board's previous Order Regarding Winter Suspension was issued on December 21, 2016.
The Iowa Utilities Board has two methods for landowners or other individuals to submit complaints or grievances regarding construction of the Dakota Access pipeline. Complaints or grievances can be provided directly to Board Customer Service staff or through the county inspector process set forth in Iowa Code.
On November 17, 2016, the Board issued an order subject to modifications, approving the “Iowa Winter Construction Plan” filed by Dakota Access on August 4, 2016. On October 28, the Board filed its legal brief in the Polk County District Court lawsuit regarding the pipeline.
The Board held a proceeding August 25, 2016, to discuss a motion for emergency stay of the Board’s March 10, 2016, “Final Decision and Order” that was filed by petitioners concerning the Dakota Access pipeline, Docket HLP-2014-0001. After hearing from the parties, the Board voted to deny the motion for stay pursuant to Board rule 7.28. See August 26, 2016, news release.
On July 26, 2016, Dakota Access filed an Iowa verification letter for pre-construction notifications/verifications from the U.S. Army Corps of Engineers (USACE) as required by the Board's June 7, 2016, "Order Granting Motion," in which the Board granted Dakota Access' request to start pipeline construction in areas outside USACE jurisdiction.
On July 1, 2016, Dakota Access filed with the Board, its "First Quarterly Report" regarding the Dakota Access pipeline project in Docket No. HLP-2014-0001.
For future Board meeting information visit the Hearing & Meeting Calendar.
On May 6, 2016, the Board issued an order requiring additional information from Dakota Access and establishing time for the parties to respond. The Board also issued an order on May 3, and an order accepting compliance filings and issuing permit on April 8.
On March 31, 2016, the Board issued an order regarding applications, motions, and requests and taking official notice.
On March 18, 2016, the Board issued an order denying the motion to expedite regarding the March 16, 2016, Dakota Access pre-permit compliance filings required by the Board and the Dakota Access request for expedited treatment.
The Board’s March 18, 2016, order denied Dakota Access’s request for expedited treatment and establishes a schedule that allowed the parties a reasonable opportunity to comment on Dakota Access’s pre-permit compliance filing. The order also noted the Board must have time to review the filings to determine whether they are in compliance with the terms and conditions of the Board’s March 10, 2016, order. Further, the Board noted that a permit cannot be issued until revised Exhibit H documents are filed and approved for the parcels where the Board ordered parcel-specific changes to the company’s condemnation request.
On February 19, 2016, the Board approved a motion to recess its deliberation meetings into closed session and instructed staff to draft an order for the Board’s review and consideration. The Board reviewed the draft order and discussed any changes necessary to address in order to reach a decision on March 9 or 10.
Pursuant to the December 18, 2015, order establishing the briefing schedule, parties filed briefs after the hearing and the Board reviewed the arguments in those briefs as part of the Board’s public deliberation meetings conducted on February 8 through 11 and February 19, 2016. All evidence (testimony and exhibits) received in this case, including the evidence provided by Dakota Access and the evidence provided by the other parties, was reviewed and weighed by the Board and its staff based on Iowa statutes, Board rules, and previous court cases.
The public hearing regarding the application for a hazardous liquid pipeline permit filed by Dakota Access began November 12, 2015, with public comments and preliminary matters. The merits (pre-filed testimony, cross examination of witnesses, and exhibits) of the proposed pipeline project were presented at the evidentiary hearing which was held November 16, 2015 through December 7, 2015. Notice of the public hearing was sent to objectors and owners of property for which easements have not been obtained. Notice of the public hearing was also published in a newspaper of general circulation in the county. For more information, see the hazardous liquid pipelines process handout or visit the Board’s Hazardous Liquid Pipeline Permits page.
On January 20, 2015, Dakota Access, LLC, an Energy Transfer Company, filed its petition for permit with the Board regarding a proposal to build a crude oil pipeline (the Dakota Access Pipeline, a.k.a. Bakken Pipeline) across Iowa.
Hazardous Liquids Pipeline permit cases are governed by Iowa Code chapter 479B and Utilities Board rules at 199 IAC chapter 13. There are additional procedural laws that govern this contested case at Iowa Code chapter 17A and additional procedural rules at 199 IAC chapters 1, 7, and 14. Links to Iowa Code and the Board's rules are also available on the Board's Web site under "Board Activity" in the navigation menu.
Public informational meetings in each involved county were held at the following locations throughout Iowa during December 2014:
December 1, 2014 – 1:00 PM, Comfort Inn & Suites, 6169 U.S. 61, Fort Madison, IA 52627
December 1, 2014 – 1:00 PM, Inwood Community Center, 103 S. Main St., Inwood, IA 51240
December 1, 2014 – 6:00 PM, Terrace View Event Center, 230 St. Andrews Way, Sioux Center, IA 51250
Van Buren County
December 1, 2014 – 6:00 PM, River Valley Lodge, 29080 Hawk Dr., Farmington, IA 52626
December 2, 2014 – 9:00 AM, Jefferson County Fairgrounds, Activity Building, 2606 W Burlington Ave., Fairfield, IA 52556
December 2, 2014 – 9:00 AM, Sheldon Community Services, 416 9th Street, Sheldon, IA 51201
December 2, 2014 – 3:00 PM, Cherokee Community Center, 530 W Bluff Street, Cherokee, IA 51012
Buena Vista County
December 3, 2014 – 9:00 AM, Buena Vista University, Anderson Auditorium, 610 W. Fourth Street, Storm Lake, IA 50588
December 3, 2014 – 9:00 AM, Memorial Hall in Sigourney,120 North Jefferson Street, Sigourney, IA 52591
December 3, 2014 – 3:00 PM, Gateway Church of the Nazarene Community Room, 140 Gateway Drive, Oskaloosa, IA 52577
December 4, 2014 – 9:00 AM, DMACC Newton Conference Center, 600 N. 2nd Avenue W., Newton, IA 50208
December 4, 2014 – 3:00 PM, Ankeny Parks and Recreation, Lakeside Center, 400 NW Lakeshore Dr., Ankeny, IA 50023
December 15, 2014 – 1:00 PM, Sac Community Center, 1015 W Main Street, Sac City, IA 50583
December 15, 2014 – 1:00 PM, Gates Memorial Auditorium, 825 15th Street, Nevada, IA 50201
December 15, 2014 – 6:00 PM, Boone County Fairgrounds, Community Building, 1601 Industrial Park Rd., Boone, IA 50036
December 15, 2014 – 6:00 PM, The Calhoun County Expo Center, 322 High Street, Rockwell City, IA 50579
December 16, 2014 – 9:00 AM, Bridgeview Center,102 Church Street, Ottumwa, IA 52501
December 16, 2014 – 9:00 AM, Iowa Central Community College, East Campus – Triton Room, 2031 Quail Ave., Fort Dodge, IA 50501
A staff member of the Board’s Safety and Engineering Section moderated the informational meetings and provided an overview of the requirements and process in Iowa pertaining to hazardous liquid pipeline permit requests. Representatives of Dakota Access LLC provided landowners and other interested members of the public information about the proposed project and answered questions. Evidence was not taken, and comments were not received into the record at the informational meetings. For information about eminent domain, review frequently asked questions about eminent domain.
All documents filed in this case are available for review from the Iowa Utilities Board's Electronic Filing System (EFS). To review all documents, select Search from the menu bar, then Document Search. Type HLP-2014-0001 in the Docket Number field and press the Search button. Use the other fields to narrow the document search to a specific time period or submitting party. For help, contact the EFS Help Desk Monday through Friday, except State holidays, 8:00 am to 4:30 pm, phone: (515) 725-7337.
For additional information, contact:
Manager, Iowa Utilities Board Safety and Engineering Section
For media inquiries, contact:
Iowa Utilities Board Communications Manager