The Dakota Access pipeline has become a hot topic on the campaign trail as the Republican Party prepares to take control of the Senate.
But how the justices will decide whether the project should proceed has become less clear.
On Tuesday, the Supreme of the United States, a panel of five conservative justices, will hear arguments in the lawsuit brought by Native American tribes, including the Standing Rock Sioux Tribe and the Standing Lake Sioux Tribe, against the project.
The plaintiffs argue that the pipeline threatens their water supplies and sacred sites and that the U.S. Army Corps of Engineers lacks the authority to issue permits needed to construct the pipeline under the 1906 Antiquities Act.
The panel is expected to rule on the suit next month.
The issue is one that has been at the forefront of the 2016 election cycle, as Republicans seek to take over the Senate from Democrats and take control over the executive branch after years of Democratic control.
The 2016 election brought with it the rise of the Tea Party movement, which advocates for smaller government and less government.
And with the election of Donald Trump as president, the movement has been emboldened by a host of right-wing issues, including pipelines, trade, immigration and climate change.
On the campaign stage, the Trump administration has taken steps to block construction of the Dakota pipeline.
The administration is expected in April to issue a preliminary order blocking the project, which would bring oil from North Dakota to refineries in Illinois and Indiana.
The White House said on Monday that the Trump Administration will appeal the case to the U