Central ND News

North Dakota is taking the federal government to trial seeking reimbursement for damages and policing costs incurred during the Dakota Access Pipeline (DAPL) protests in 2016 and 2017. The lawsuit, North Dakota v. United States, will be the first state to challenge the federal government under the Federal Tort Claims Act.

For 233 days, protestors illegally occupied U.S. Army Corps of Engineers (USACE) lands, while the government failed to contain the protests or provide assistance to law enforcement. North Dakota seeks reimbursement of over $38 million from the federal government for its refusal to address the protests.

In an op-ed for Fox News, Senator Kevin Cramer of North Dakota highlighted the government's negligence and appeasement of extremists during the DAPL protests. He stated, "This is a story of the federal government’s appeasement of extremists and enablement of lawlessness as the product of the Obama administration’s political maneuvering."

The DAPL protests began as a peaceful prayer gathering organized by tribal members but quickly escalated as thousands of out-of-state protesters joined in. The USACE allowed these protestors to gather on federal property, disregarding their own regulations. The protests turned violent, with incidents of Molotov cocktails being launched at police, theft of equipment and cattle, and needless slaughter of wildlife and livestock.

North Dakota had to rely on law enforcement from 11 other states to manage the illegal protests. The majority of arrests made were of individuals from out of state. Local residents were left to bear the financial burden of these protests, as federal agents refused to assist.

Senator Cramer accused the federal government of neglecting to enforce standard USACE protest permitting procedures, drawing out the process, and failing to assist law enforcement. He stated, "Political expediency meant government officials chose to put protesters above established legal procedures, without considering the damage it would cause."

The lawsuit filed by North Dakota seeks to hold the federal government accountable for its unlawful accommodation of destruction in the state. If successful, it will be a groundbreaking victory, forcing Washington to admit fault.

While no state has ever prevailed against the federal government at trial, North Dakota is determined to fight. Senator Cramer expressed confidence in the case and suggested that more details could emerge during the trial, proving the government's wrongdoing.

The trial, overseen by U.S. District Judge Daniel M. Traynor, will take place at the William L. Guy Federal Building and U.S. Courthouse in Bismarck. The lawsuit will be decided solely by Judge Traynor, as there will be no jury.

North Dakota's fight against the federal government highlights the corruption within the ranks of the government and the need for recourse for harm caused by federal actions. The outcome of this trial will have significant implications for states' ability to hold the federal government accountable in the future.