A federal judge has ruled that North Dakota is entitled to nearly $28 million to cover costs incurred during the protests against the Dakota Access oil pipeline in 2016 and 2017. This decision is a significant victory for the state, which has been seeking reimbursement from the federal government since it filed a lawsuit in 2019, initially asking for $38 million.
The protests drew widespread attention as members of the Standing Rock Sioux Tribe opposed the pipeline’s crossing of the Missouri River, fearing it could pollute their water supply. The demonstrations attracted thousands of activists and resulted in chaotic scenes, including violent clashes between protesters and law enforcement. Over the course of the protests, which lasted several months, 761 arrests were made.
The trial took place over several weeks in early 2024 in Bismarck, North Dakota’s capital. Testimonies included former governors Doug Burgum and Jack Dalrymple, who discussed their experiences during the protests. U.S. District Judge Daniel Traynor found the federal government liable for the state’s damages, stating that the government failed to follow mandatory procedures, which led to harm for North Dakota. He emphasized that the law allows for reimbursement and that holding the government accountable is essential for maintaining order.
North Dakota’s claims against the federal government included negligence and civil trespass. State officials argued that decisions made by the Obama administration during the protests encouraged the unrest, leading to significant financial costs and safety risks for local communities and law enforcement.
While attorneys for the federal government contended that the U.S. Army Corps of Engineers acted reasonably under difficult circumstances, they argued that the state’s claims were exaggerated and requested the judge dismiss them.
The Dakota Access pipeline has been operational since June 2017 and is a vital infrastructure project, transporting about 5% of the country’s daily oil production. In 2017, the pipeline company, Energy Transfer, contributed $15 million to help with the state’s response costs, and the U.S. Justice Department provided a $10 million grant. However, the judge classified the donation from Energy Transfer as a gift and deducted it from the total amount the state could recover.
In a related note, a North Dakota jury recently found Greenpeace liable for defamation and other claims related to the protests, with damages exceeding $660 million.
As the state moves forward with its victory, the Dakota Access pipeline continues to operate while an environmental review of its river crossing is conducted.