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Monday, December 23, 2024

On This Date in 2016: ND Highway Patrol says its pilot threatened by illegal use of laser during Dakota Access Pipeline protests

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Michael Gerhart, Jr., Superintendent of the North Dakota Highway Patrol, 2014-2018, left, and Gov. Doug Burgum (R-ND) | State of ND

Michael Gerhart, Jr., Superintendent of the North Dakota Highway Patrol, 2014-2018, left, and Gov. Doug Burgum (R-ND) | State of ND

On this date in 2016, a laser was reportedly utilized against a North Dakota Highway Patrol pilot during the Dakota Access Pipeline protests.

That’s according to an analysis of archived daily activity reports posted by the State of North Dakota at NDResponse.gov.

"Report of laser being used against NDHP pilot at approximately 5:15 am," reported NDReponse.

Pointing a laser at an aircraft is a federal crime, according to the Federal Aviation Authority

"Laser strikes on aircraft remain a serious threat to aviation safety," says the FAA website. "Intentionally aiming lasers at aircrafts poses a safety threat to pilots and violates federal law."

"Many high-powered lasers can incapacitate pilots flying aircraft that may be carrying hundreds of passengers," reports the FAA.

The illegal use of the laser against the pilot came one day after the state reported vandalism of private property by protestors.

"Reports that windows were broken out of one of the company's bulldozers at the pipeline site," reported NDResponse. "In addition, one of their generators and a light stand was also vandalized."

The Dakota Access Pipeline (DAPL) protests of 2016 and 2017 aimed to halt the construction of the reported $3.8 billion pipeline and “drew thousands of people to camp out” in Morton County, the Associated Press reported.

The protests resulted in 761 arrests, according to MPR News. Charges ranged from trespassing to more severe offenses. A significant number of those arrested were from out of state.

California resident and actress Shailene Woodley was arrested in October 2016. Other figures, including actors Mark Ruffalo and Leonardo DiCaprio, participated in the protests but were not arrested.

Certain days of the protests resulted in dozens of arrests, such as February 1, 2017, when 76 people were arrested after Morton County Sheriff’s Department spokesperson Rob Keller said a “rogue group of protesters” had trespassed on private property.

The State of North Dakota is currently suing the federal government to “recoup $38 million it claims it spent policing the protest camps,” Source NM reported.

Attorneys for North Dakota reportedly argued in court records that the protests “resulted from an illegal occupation on federal lands and led to ‘frequent outbreaks of illegal, dangerous, unsanitary, and life-threatening activity on federal, state and private property.’”

North Dakota Special Assistant Attorney General Paul Seby said in court that the aftermath of the protests “required a four-day cleanup of the camp and 600 bins to remove 9.8 million pounds of trash,” according to MPR News.

Former Morton County Commissioner Cody Schulz, who is now the director of the North Dakota Parks and Recreation Department, said in court that, “beyond the drain on law enforcement, the protests caused a range of impacts on Morton County — everything from minor inconveniences like sluggish traffic to damage to private property,” Source NM reported.

Energy Transfer Partners, the owner of the pipeline, has filed a $300 million lawsuit in state court against the environmental activist organization Greenpeace for its role in the protests. The suit says Greenpeace “should be held responsible for trying to disrupt pipeline construction and damage the company’s reputation and finances,” the Associated Press reported. 

That lawsuit, and an attempted settlement, led to the recent ouster of Greenpeace’s Executive Director Ebony Twilley Martin, said the former Chief Operating Officer (COO) for Greenpeace.

Willem van Rijn, the group’s COO until April 2024, told E&E News that “Twilley Martin ‘advocated a way in which the organization would settle for a minor amount of money so that we could fight another day,’” and that the “board vehemently disagreed.”

Greenpeace last week launched a fundraising campaign to “raise awareness” of the lawsuit.

The lawsuit filed by Energy Transfer Partners in Morton County District Court is currently pending.