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Judge Determines Federal Government Must Pay North Dakota Nearly $28 Million for Pipeline Protest Expenses

North Dakota Wins $28 Million in Dakota Access Pipeline Protest Case

BISMARCK, N.D. — In a significant ruling, a federal judge awarded North Dakota nearly $28 million in damages for costs incurred while managing protests against the Dakota Access oil pipeline in 2016 and 2017. This decision marks a crucial victory for the state, which sought a total of $38 million in a lawsuit filed in 2019, citing expenses related to policing the demonstrations that drew international attention due to the Standing Rock Sioux Tribe’s opposition.

U.S. District Judge Daniel Traynor found the U.S. Army Corps of Engineers liable for failing to follow mandatory procedures during the protests, stating, "the law allows reimbursement for this harm." The protests, which involved thousands of demonstrators camping near the Missouri River crossing—an area the tribe feared would be jeopardized by potential oil spills—led to chaotic clashes and over 700 arrests.

The trial, held in Bismarck, featured testimonies from prominent figures, including former state governors Doug Burgum and Jack Dalrymple. North Dakota Attorney Drew Wrigley characterized the protests as "violent, unlawful," emphasizing the extensive response from 178 agencies and a substantial cleanup operation afterward.

Despite the state’s claims, federal attorneys argued that the Corps acted reasonably under challenging circumstances and contended the damages sought were overstated. The federal government had previously declined North Dakota’s request for disaster relief funding after the protests.

Since its opening in June 2017, the Dakota Access pipeline has emerged as a vital infrastructure project, transporting about 5% of daily U.S. oil production. As a court-ordered environmental review of the river crossing continues, the state remains steadfast in its support of the pipeline amid ongoing legal battles, including a recent ruling against Greenpeace for defamation linked to protest activities, totaling over $660 million.

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