White Paper

Public Summary of Foley Hoag LLP Report, Good Practice for Managing the Social Impacts of Oil Pipelines in the United States

May 9, 2017

Banks providing project finance to the Dakota Access Pipeline Project retained Foley Hoag LLP to provide an independent report, using the pipeline as a case study, that considered international industry good practice (“IIGP”) for community engagement in the development of oil pipelines, with a particular focus on engagement with Indigenous Peoples. Foley Hoag was asked to review the U.S. legal framework on community engagement, tribal consultation and security, and compare that framework to IIGP. Foley Hoag’s final report provided recommendations for the project sponsors on steps they can take beyond U.S. legal requirements, as well as more general industry good practice guidance. The full report is confidential, but the banks requested that Foley Hoag share certain general findings as well as the general industry good practice guidance. This good practice guidance may help companies building future pipelines in the U.S. incorporate IIGP, and may assist banks when they evaluate those projects. The report is available here.