Importance Score: 65 / 100 🔴
BISMARCK, N.D. — In a legal triumph for North Dakota, a federal judge ruled Wednesday that the state is entitled to nearly $28 million to cover the costs of managing the Dakota Access oil pipeline protests in 2016 and 2017. This judgment concludes a multiyear effort by the state to recover expenses from the federal government related to the contentious demonstrations.
Federal Judge Awards North Dakota Funds for Dakota Access Pipeline Protest Response
The state initiated legal proceedings in 2019, seeking $38 million to offset the expenses of policing the demonstrations. These protests garnered international attention due to the Standing Rock Sioux Tribe’s opposition to the pipeline’s Missouri River crossing, located upstream from the tribe’s reservation. The tribe has consistently voiced concerns that a potential oil spill could contaminate their water supply.
Trial Details and Key Testimonies
The trial, which unfolded over several weeks in early 2024 in Bismarck, North Dakota, featured testimonies from prominent figures, including former North Dakota governors Doug Burgum and Jack Dalrymple. Burgum assumed office in December 2016, during the peak of the protests, while Dalrymple’s administration was responsible for managing the initial months of the demonstrations.
Judge’s Ruling and Justification
U.S. District Judge Daniel Traynor determined that the United States was liable to the state on all counts, awarding over $27.8 million in damages.
The judge explained: “The bottom line: United States had a mandatory procedure, it did not follow that procedure, and harm occurred to the state of North Dakota. The law allows reimbursement for this harm. More than that, the rule of law requires this Court to hold the United States liable to remind it of its role in the larger picture of ensuring peace, not chaos.”
Background of the Dakota Access Pipeline Protests
- Thousands of individuals demonstrated against the pipeline near the river crossing for several months.
- The protests led to numerous arrests.
- Clashes, at times violent, occurred between protesters and law enforcement.
- Law enforcement from across North Dakota and the surrounding region responded to the protests.
The protest encampments were dismantled in February 2017. A state attorney noted that the protest response spanned more than seven months, involved 178 agencies, resulted in 761 arrests, and required four days to clear the camp, removing millions of pounds of waste.
Statements Following the Court Decision
In a collaborative statement, Gov. Kelly Armstrong and Attorney General Drew Wrigley asserted: “As outlined in trial testimony and Judge Traynor’s ruling, decisions made by the Obama administration emboldened protestors and ultimately caused millions of dollars in damage to North Dakota, while endangering the health and safety of North Dakota communities, families and law enforcement officers who responded to the protests.”
The state’s grievances encompassed allegations of negligence, gross negligence, civil trespass, and creation of a public nuisance.
Government’s Defense and Counterarguments
Attorneys representing the federal government contended during the trial that U.S. Army Corps of Engineers officials “acted reasonably given limited options at their disposal” during the protests and that the state’s financial claim was “greatly overstated.” The government requested the judge to dismiss the state’s claim for lack of legal jurisdiction, arguing that the state had not substantiated its claims or entitlement to damages.
Current Status of the Dakota Access Pipeline
The Dakota Access Pipeline has been operational since June 2017. Numerous state government officials and industry representatives view the pipeline as vital infrastructure for North Dakota, a leading oil-producing state. The pipeline transports approximately 5% of the total daily oil production in the United States.
Financial Contributions and Legal Context
- In 2017, Energy Transfer, the pipeline company, contributed $15 million to aid in covering the response costs.
- That same year, the U.S. Justice Department awarded the state a $10 million grant for reimbursement of response expenditures. The judge characterized the first contribution as a gift while deducting the latter from the state’s final recovery.
- Then-President Donald Trump rejected a 2017 request from the state for federal coverage of the costs through a disaster declaration.
Presently, the pipeline continues to operate while a court-mandated environmental assessment of the river crossing is being conducted.
In a related legal matter, a North Dakota jury recently found Greenpeace liable for defamation and other claims filed by the pipeline builder regarding protest activities, awarding damages exceeding $660 million against three Greenpeace organizations.