Filed with the Iowa Utilities Board on June 15, 2017, HLP-2014-0001

STATE OF IOWA
DEPARTME OF COMMERCE
BEFORE THE IOWA UTILITIES BOARD

IN RE:

DAKOTA ACCESS LLC

)
)
)

Docket No. HLP-2014-0001

MOTION TO REVOKE PERMIT

Comes now the Sierra Club Iowa Chapter and the Science

and Environmental Health Network and in support of this
Motion to Revoke Permit, states as follows:
1.

On

March

10,

2016,

the

Board

issued

a

Final

Decision and Order granting a permit to Dakota Access to
construct a crude oil pipeline across Iowa.

2. The Final Decision and Order, p. 72-73, stated:

The proposed pipeline will require a variety of
permits before it can be built and operated. Many of
those permit proceedings have at least some potential
to interact; for example, many have the potential to
require re-routing of the project, which could affect
other permit proceedings in a substantial way. Still,
if every agency reviewing the project for a particular
permit were to refuse to act until all of the other
agencies had acted, then no permit would ever be
issued and infrastructure that may be necessary to
serve the public benefit would never be built.

The Board has avoided this Catch-22 in the past by
issuing a permit that is based upon the record made
before
the
agency,
including
the
petitioner’s
representations that it will obtain all necessary and
required
permits
and
authorizations
prior
to
construction and operation of the proposed project. If
those permits or authorizations are not obtained, then
the Board’s permit is void because a necessary
precondition of the permit has not been satisfied. The
Board will use this same mechanism here; the permit,

 Filed with the Iowa Utilities Board on June 15, 2017, HLP-2014-0001

if one is issued, will be conditioned upon receipt of
all other required permits and authorizations.

3. On June 14, 2017, the United States District Court

for the District of Columbia issued an Order holding that
the

Corps

of

Engineers

did

not

properly

and

adequately

comply with the requirements of the National Environmental

Policy Act (NEPA) before it issued a permit allowing Dakota

Access to run the pipeline under Lake Oahe in North Dakota.
Therefore,

that

permit

is

void

and,

according

to

the

Board’s Order quoted above, the Iowa permit is now void. A
copy of the District of Columbia Order is hereto attached.

4. Since the permit issued by the Board is now void,

it must be revoked. Furthermore, since the permit is void
and

must

be

revoked,

Dakota

Access

must

be

ordered

immediately cease transporting oil through the pipeline.

to

5. The Board has jurisdiction to rule on this Motion

by virtue of Ordering Clause 14 in the Final Decision and

Order, which states, “The Board retains jurisdiction of the
subject matter of this docket for purposes of receiving and

considering the additional filings required by this order
and for such other purposes as may be appropriate.”

WHEREFORE, Sierra Club Iowa Chapter requests that the

Board revoke the permit heretofore issued to Dakota Access
for the reasons stated herein.

 Filed with the Iowa Utilities Board on June 15, 2017, HLP-2014-0001

/s/

Wallace L. Taylor

WALLACE L. TAYLOR AT0007714
Law Offices of Wallace L. Taylor
118 3 rd Ave. S.E., Suite 326
Cedar Rapids, Iowa 52401
319-366-2428;(Fax)319-366-3886
e-mail: wtaylorlaw@aol.com
ATTORNEY FOR SIERRA CLUB
IOWA CHAPTER
/s/

Carolyn Raffensperger

CAROLYN RAFFENSPERGER
3703 Woodlalnd St.
Ames, Iowa 50014

EXECUTIVE DIRECTOR
SCIENCE AND ENVIRONMENTAL HEALTH
NETWORK