Iowa Utilities Board approves Dakota Access pipeline permit

The Iowa Utilities Board (IUB) announced on Monday that it has granted Dakota Access a permit for a hazardous liquid pipeline subject to limited terms and conditions.

The permit will be issued only after Dakota Access has complied with the additional terms and conditions set forth in the IUB’s written order and construction may not commence until the permit is issued.

Prior to the IUB’s issuance of the needed permit, Dakota Access must complete a series of requirements, including obtaining and maintaining a general liability insurance policy of at least $25 million, demonstrating and filing the unconditional and irrevocable guarantees from its parent companies for remediation of damages from a leak or spill, making modifications to easement forms on properties utilizing eminent domain to include the removal of language that would have allowed valves on any condemned parcel, continuing to offer the purchase of voluntary easements, and filing of a revised agricultural impact mitigation plan to include landowner notifications. The approval includes other minor requirements prior to permit issuance.

Under Iowa law, receipt of a permit includes the right of eminent domain across those parcels where Dakota Access has been unable to negotiate voluntary easements. IUB has limited Dakota Access’s power to utilize eminent domain to the minimum rights necessary for the safe construction and operation of the pipeline.