U.S. District Judge Daniel Traynor | www.ndcourts.gov
U.S. District Judge Daniel Traynor | www.ndcourts.gov
A federal judge has ruled that the United States government must pay North Dakota nearly $28 million for costs incurred during the Dakota Access Pipeline protests in 2016 and 2017. The decision marks a significant development in North Dakota's efforts to recover expenses related to policing the demonstrations.
The state initiated legal action in 2019, seeking $38 million from the federal government. The protests gained international attention due to the Standing Rock Sioux Tribe's opposition to the pipeline's crossing of the Missouri River near their reservation. Concerns were raised about potential oil spills contaminating water supplies.
The trial took place over several weeks in early 2024 at a federal court in Bismarck. Witnesses included former North Dakota governors Doug Burgum and Jack Dalrymple, who were involved during different phases of the protests.
U.S. District Judge Daniel Traynor found the U.S. Army Corps of Engineers liable for more than $27.8 million in damages. He said, "The bottom line: United States had a mandatory procedure, it did not follow that procedure, and harm occurred to the state of North Dakota."
During the protests, thousands camped near the pipeline crossing, resulting in hundreds of arrests and sometimes-violent clashes with law enforcement. Attorney Drew Wrigley described it as a "violent, unlawful protest."
The camps were cleared by February 2017 after extensive involvement from multiple agencies. The state claimed that despite visible damages and dangers, federal assistance was lacking.
Government attorneys argued that officials acted reasonably given their limited options and contested North Dakota’s claims as oversaid.
Since June 2017, the pipeline has been operational, transporting approximately 5% of daily U.S. oil production. Energy Transfer donated $15 million towards response costs in 2017, while a $10 million grant was provided by the U.S. Justice Department for reimbursement purposes.
Former President Donald Trump denied a disaster declaration request from North Dakota for covering protest-related costs.
Currently, an environmental review of the river crossing is underway as ordered by a court.
Information from this article can be found here.
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