North Dakota Wins $28M Judgment Over Dakota Access Pipeline Protest Costs

A federal judge ruled Wednesday that North Dakota is entitled to nearly $28 million from the federal government to cover costs incurred while responding to protests against the Dakota Access oil pipeline in 2016 and 2017.
The decision hands the state a significant victory after it sued in 2019, seeking $38 million in compensation.
U.S. District Judge Daniel Traynor found the U.S. Army Corps of Engineers liable for more than $27.8 million in damages, stating the federal government failed to follow a mandatory procedure, leading to harm to the state.
The protests, which drew international attention due to the Standing Rock Sioux Tribe’s opposition to the pipeline crossing the Missouri River upstream of its reservation, sometimes turned chaotic.
Thousands of demonstrators camped near the pipeline route for months, resulting in hundreds of arrests and clashes with law enforcement from across the state and region, with North Dakota Attorney Drew Wrigley previously describing the protests as “violent” and “unlawful.”
The protest camps were cleared in February 2017 after more than seven months, 761 arrests, and a cleanup that removed millions of pounds of trash. Wrigley argued the federal government refused to offer assistance despite the apparent dangers.
Government attorneys contended that the Army Corps of Engineers acted reasonably and that the state’s claim was “greatly overstated,” also questioning the court’s jurisdiction.
The Dakota Access pipeline has been operational since June 2017 and is supported by many state officials and industry leaders in North Dakota, the nation’s third-largest oil-producing state, accounting for about 5% of daily U.S. oil production.
Previously, pipeline operator Energy Transfer donated $15 million in 2017, and the U.S. Justice Department provided a $10 million grant to the state for response costs.
However, the impact of these amounts on the judge’s recent ruling was not immediately clear.
A 2017 request from the state for federal disaster declaration funds was denied by then-President Donald Trump.
Meanwhile, the pipeline continues to operate while a court-ordered environmental review of the river crossing is underway.