Dakota Access faces challenges in Iowa with pipeline

Bakken Map

Alex Connor

In an effort to speed up the construction process and complete the Bakken crude oil pipeline within one crop-growing season, Dakota Access LLC, a Texas company, is requesting a state permit to begin construction from state utility regulators.

The Bakken pipeline, which was recently approved by the Iowa Utilities Board in a unanimous decision March 10, is a 347-mile pipeline that will extend diagonally through 18 of Iowa’s counties.

Energy Transfer Partners, a company based out of Dallas, encompasses Dakota Access and is making swift actions to try and get the pipeline built as soon as possible. The requests to expedite the permitting process came earlier this past week but were rejected.

“The board will deny the request for expedited treatment and allow the parties a reasonable opportunity to comment on the Dakota Access pre-permit compliance filing,” the board said, according to a Des Moines Register article.

“These compliance filings are not perfunctory. The parties, and 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 order.”

Dakota Access told the board that it had met all of the terms and conditions originally issued with the approval of the decision.

The terms and conditions issued by the board include Dakota Access must:

  • Obtain and maintain a general liability insurance policy of at least $25 million
  • Demonstrate and file the unconditional and irrevocable guarantees from its parent companies for remediation of damages from a leak or spill
  • Make modifications to easement forms on properties utilizing eminent domain
  • Continue to offer to purchase voluntary easements
  • File a revised Agricultural Impact Mitigation Plan to include landowner notifications and the separation of all topsoil from affected areas
  • File winter construction plans
  • File quarterly status reports

And last but not least, Dakota Access must file a statement accepting the terms and conditions the board has determined to be just and proper for the permit.

The board responded by saying it will accept public comments through March 25, and that Dakota Access can file a reply by March 29, according to an Ames Tribune article.

A permit to Dakota Access cannot be issued until all documents are filed and approved.

While this may put a temporary hold on the construction pipeline, Dakota Access hopes to have the pipeline finished and functional by the end of 2016. The Iowa portion of the pipeline will cost approximately $1.04 billion and is anticipated to create 4,000 Iowa jobs.

Along with the permit request, Dakota Access also asked to make several documents related to the pipeline confidential.

Iowa Citizens for Community Improvement, CCI, argued its request in a statement in which it calls the confidential and expedited treatment for the pipeline “foul.”

“Iowa CCI members call this an outrageous attempt by Dakota Access to circumvent the rule of law and keep the people of Iowa in the dark,” the statement read.