Once the Corps’ review process for DAPL is complete, a final decision will be made before the Corps notifies Congress as required. While Marinelli gave no indication of what the outcome of the decision may be, if approved, construction in the disputed territory could resume before the Corps complete an environmental impact analysis.

Dakota Access – the consortium behind DAPL –argues that it has already met all the requirements for clearance. Meanwhile, Standing Rock Sioux Tribe attorneys claim that the easement would be "unlawful" and that they expect to request the court to intervene quickly if it is granted.