There has been some misunderstanding about our compliance with the tree planting settlement in North Dakota. The real facts are that (1) DAPL did comply with the settlement, and (2) the North Dakota Public Service Commission (PSC) agreed after further review that this is true.

Multiple news outlets carried the story of our tree planning in question, but not many carried the subsequent article of the PUC finding us in compliance. Read the Associated Press article here: https://www.usnews.com/news/best-states/north-dakota/articles/2019-01-11/regulators-dakota-access-company-complied-with-settlement?fbclid=IwAR3u0AqVSuc8saU6vO5crw0NrK6yb-Wh7T-YOwaWtk9F8SAXt1ZKo2YVetE

What is the background here?

In September of 2017, a settlement agreement was made with the ND PSC in which Dakota Access, without fault, agreed to a modification of the Tree and Shrub Plan, which included planting an additional 20,000 trees, beyond the ones already planted within the original plan.

The agreement states:

“In the event Dakota Access is unable, due to supply of 2 year old saplings or other market conditions to procure the entire 20,000 trees referenced in 11(b) for planting on or before December 31, 2018, Dakota Access’ obligation shall extend into the following year until such time as Dakota Access has provided and planted or cause to be planted the total aggregate quantity required.”

Here is a link to the PSC settlement agreement: https://psc.nd.gov/database/documents/14-0842/384-010.pdf

Here is a Bismarck Tribune article that reported on the issue in September of 2017: https://bismarcktribune.com/news/state-and-regional/settlement-with-dakota-access-calls-for-industry-education-planting-of/article_aef0ea7a-d90f-5123-b5d8-80e4f6c44fa3.html