Judge rules U.S. government owes nearly $28 million to North Dakota for pipeline protests

A federal judge ruled on April 23 that North Dakota is entitled to nearly $28 million in reimbursement from the U.S. government for costs tied to the Dakota Access pipeline protests in 2016 and 2017, according to CBS News. The decision marks a major victory for the state, which has sought to recover expenses for law enforcement and cleanup efforts for years.

The lawsuit, filed in 2019, initially sought $38 million from the federal government. The protests — sparked by concerns from the Standing Rock Sioux Tribe over the pipeline’s Missouri River crossing — gained worldwide attention amid fears that a spill could contaminate tribal water supplies.

During a trial held earlier this year, former Governors Jack Dalrymple and Doug Burgum testified about the state's extensive response efforts. U.S. District Judge Daniel Traynor ultimately found the federal government responsible for $27.8 million in damages, concluding that federal authorities failed to follow required procedures, causing harm to North Dakota.

According to CBS News, Traynor emphasized the federal government’s duty to maintain order, stating: “The rule of law requires this Court to hold the United States liable to remind it of its role in ensuring peace, not chaos."

The months-long protests led to hundreds of arrests, involved 178 agencies across the region, and required a significant cleanup operation to remove massive amounts of debris from protest camps.

Governor Kelly Armstrong and Attorney General Drew Wrigley issued a joint statement criticizing the Obama administration's handling of the situation, arguing it emboldened protestors and resulted in extensive damage and risks to public safety.

North Dakota’s lawsuit cited claims including negligence, gross negligence, civil trespass, and public nuisance. Attorneys representing the federal government argued that the Army Corps of Engineers acted appropriately given the situation and contested the state's right to damages.

Although Energy Transfer, the pipeline’s developer, contributed $15 million to the state in 2017 to help cover protest response costs — and the U.S. Justice Department awarded a $10 million grant — the court ruled that the company’s contribution was a gift, and the federal grant reduced the final judgment amount.

The Dakota Access pipeline, carrying about 5% of U.S. daily oil production, has operated since June 2017, even as an environmental review of the river crossing continues. A separate North Dakota jury recently awarded more than $660 million in damages against Greenpeace groups over related protest activities.

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