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On the Biden administration announced it would keep the pipeline in operation. The litigation has been dismissed, but the Standing Rock Sioux Tribe can file a new challenge after the EIS is completed. On Sep. 8, 2023, the Corps issued a draft EIS analyzing the impacts of issuing that permit.
While it is currently operating, it arguably operates illegally because the pipeline lacks a valid federal easement to cross lands adjacent to and beneath Lake Oahe, which is part of the Missouri River and the drinking water source for the Standing Rock Sioux Tribe.