Central ND News

North Dakota is set to embark on a trial against the federal government seeking compensation for damages caused during the unlawful Dakota Access Pipeline (DAPL) protests in 2016 and 2017. The state is seeking to recoup more than $38 million for costs related to the protests, including damages to state property and law enforcement vehicles.

The DAPL protests, which lasted for 233 days, saw activists illegally occupy federal lands and engage in destructive and violent acts. The Obama administration's negligence during this time left local and state law enforcement to handle the situation on their own. The federal government's failure to contain the protests or assist law enforcement resulted in significant damages to North Dakota.

U.S. District Judge Daniel M. Traynor recently ruled that the federal government would have to face North Dakota's claims at trial. The trial, which will be overseen by Judge Traynor, is scheduled to begin on February 15. North Dakota's lawsuit is seeking damages under the Federal Tort Claims Act (FTCA), a rare occurrence for a state to sue the federal government.

North Dakota Congressman, Kevin Cramer, expressed his hope for justice in this case, stating, "Eight years after the rest of the country moved on from the DAPL protests, North Dakota finally has the opportunity to take the federal government to court and fight for financial compensation for the havoc enabled by the Obama administration."

The lawsuit highlights the failure of the U.S. Army Corps of Engineers (USACE) to enforce mandatory permitting procedures for protests on federal lands. This failure allowed the unlawful occupation to continue and led to further damages. Court documents reveal that during the protests, trespassers engaged in dangerous activities such as firing guns, throwing Molotov cocktails, and slashing vehicle tires. North Dakota was left with no choice but to mobilize law enforcement and emergency response agencies to maintain public safety. The state incurred a total cost of $38,005,071.66 to respond to this emergency.

The DAPL, a 1,172-mile-long underground pipeline, has been operating safely since 2017, delivering oil from North Dakota to Illinois. Despite this, the pipeline has faced scrutiny under the National Environmental Policy Act (NEPA) multiple times. However, a 2016 Environmental Assessment found no significant impact, and the pipeline has continued to operate.

The North Dakota delegation has been vocal in their support for the pipeline, urging uninterrupted operation and expressing the importance of concluding the ongoing environmental impact assessment process. Governor Doug Burgum emphasized the significance of the pipeline, stating that it plays a pivotal role in ensuring energy security and affordability for the entire nation while providing significant economic benefits to North Dakota.

As the trial approaches, North Dakota seeks justice and financial compensation for the damages caused by the unlawful DAPL protests. The outcome of this trial will determine whether the state can successfully hold the federal government accountable for its negligence during this period.