The Dakota Access Pipeline and the Breakdown of Participatory Processes in Environmental Decision-Making

This article employs a close reading of documents related to the permitting process for the Dakota Access Pipeline (DAPL) and ensuing legal battle in order to argue that extant regulatory frameworks for environmental decision-making are insufficient to promote environmental justice outcomes. By analyzing the US Army Corps of Engineer's responses to comments made during the public comment phase of the NEPA evaluation of the DAPL, I argue that regulatory frameworks may exacerbate environmental justice concerns by incentivizing decision makers to prioritize justification for their decisions and avoiding legal battles over meaningfully engaging with communities. This finding leads me to call for more engagement with energy democracy's orientation toward community-led processes as a corrective to current regulatory systems. This article expands on extant work in environmental communication by more thoroughly investigating the flaws in extant regulatory frameworks and calling for a perspectival shift in environmental decision-making.