Dakota Access Information

Crude Oil Pipeline

On October 6, 2017, the Board filed its legal brief in the Iowa Supreme Court lawsuit regarding the pipeline. On August 2, 2017, Dakota Access filed its Statewide Report regarding construction and land restoration and pursuant to the Board's August 23, 2016, “Order” in Docket No. HLP-2014-0001.

On July 21, 2017, the Iowa Utilities Board issued an order denying the “Motion to Revoke Permit,” that was filed on June 15, 2017, by Sierra Club Iowa Chapter and the Science and Environmental Health Network (Movants).  That motion asked the Utilities Board (Board) to revoke the permit the Board issued in this docket to Dakota Access, LLC (Dakota Access).

On June 9, 2017, the Iowa Utilities Board ordered Dakota Access to file information by June 13 regarding proper insurance for the Dakota Access pipeline.  Review the "Order Regarding Insurance Requirement." Dakota Access filed that information on June 13 into Docket No. HLP-2014-0001 on the Board's electronic filing system.

The Dakota Access pipeline designated statewide contact for any landowner inquires or claims is the following: 

Urbandale Project Office
11103 Aurora Avenue
Building 5
Urbandale, IA 50322
Toll free: (844) 708-2635
 
The DAPL contact information is contained on pages two and three of the Agricultural Impact Mitigation Plan filed by Dakota Access with the Board on April 14, 2016The 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 the Board's Customer Service staff or through the county inspector process set forth in Iowa Code.
 
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.
 
On May 24, 2017, Dakota Access resumed filing their weekly construction progress reports in the Board's electronic filing system regarding the remaining land restoration work on the Dakota Acess pipeline in Iowa.  Dakota Access also filed a "Notice Regarding Spring Restoration Work" on May 17, 2017.

On May 15, 2017, Dakota Access filed endorsements and a "Notice Regarding Extension of Insurance Policies" with the Board regarding the Dakota Access pipeline in Iowa.

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.

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.

For future Board meeting information visit the Hearing & Meeting Calendar.

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.

The Board's June 7 order is also available on the Board’s Electronic Filing System. Review the news release.

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 established 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. 

The Board’s March 10, 2016, final decision and order imposed terms and conditions on Dakota Access that must be satisfied before the permit will be granted. See March 10 news releaseFor information about eminent domain, review frequently asked questions about eminent domain.

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 were held throughout Iowa in each of the following 18 counties involved in the proposed project during December 2014:

Lee County
December 1, 2014 

Lyon County
December 1, 2014

Sioux County
December 1, 2014

Van Buren County
December 1, 2014

Jefferson County
December 2, 2014

O’Brien County
December 2, 2014

Cherokee County
December 2, 2014

Buena Vista County
December 3, 2014

Keokuk County
December 3, 2014 

Mahaska County
December 3, 2014 

Jasper County
December 4, 2014 

Polk County
December 4, 2014

Sac County
December 15, 2014

Story County
December 15, 2014

Boone County
December 15, 2014

Calhoun County
December 15, 2014

Wapello County
December 16, 2014

Webster County
December 16, 2014

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 additional information or media inquiries, contact:
Don Tormey
Communications Director, 
Iowa Utilities Board
515.725.7347
don.tormey@iub.iowa.gov