North Dakota and U.S. Government Moving Toward $28 Million Settlement Over DAPL Protests
BISMARCK — A federal district court judge is expected to vacate a nearly $28 million judgment against the federal government after North Dakota and U.S. officials reached a settlement agreement over costs related to the Dakota Access Pipeline (DAPL) protests.
The settlement talks aim to end a nearly seven-year-old lawsuit alleging the federal government unlawfully allowed pipeline protesters to camp on federal land, forcing North Dakota to spend millions on law enforcement and cleanup. If approved, North Dakota will receive a satisfactory payment, though the exact amount remains confidential following a recent Friday hearing.
Key Developments in the Legal Battle
Judge Daniel Traynor ruled in April to hold the executive branch responsible under the Federal Tort Claims Act, ordering the U.S. Department of Justice to pay $28 million. This sum accounts for costs North Dakota incurred during the 2016-2017 protests against the pipeline that carried crude oil across rural south-central North Dakota, crossing near the Standing Rock Sioux Reservation.
Attorney General Drew Wrigley called the impending settlement “satisfactory” for North Dakota. DOJ attorney Jonathan Guynn expressed a desire to avoid further costly appeals, stating during the hearing, “We’re hoping we really don’t need to fight any further.”
The Department of Justice is asking Judge Traynor to nullify his prior rulings, including the 120-page April ruling, to prevent those legal conclusions from influencing future lawsuits. “The downstream consequences of keeping these on the books is troublesome for the United States,” Guynn told the court.
Why the Settlement Matters NOW
Vacating the rulings would end ongoing litigation, saving taxpayer money and avoiding the risk of the judgment being overturned on appeal. Settlement negotiations paused the U.S. appeal in the 8th Circuit Court of Appeals since last summer.
North Dakota’s lawsuit argued the federal government’s actions increased the size and intensity of protests over environmental concerns and tribal sovereignty. Opponents, including the Standing Rock Sioux Tribe, feared the pipeline endangered their water supply.
Background: Dakota Access Pipeline Protests and Legal Fallout
The DAPL transports crude oil from northwest North Dakota to Illinois. The 2016-2017 protests in North Dakota became nationally and internationally known for their scale and impact on indigenous rights and environmental debates.
North Dakota initially sought $38 million to cover law enforcement and cleanup costs, but Judge Traynor’s ruling accounted for the $10 million already paid by the government, setting the final judgment at $28 million.
During the four-week trial held in Bismarck, testimony came from former governors Doug Burgum and Jack Dalrymple, Native activists, federal officials, and law enforcement.
Next Steps
Judge Traynor must first vacate his orders before the settlement can be finalized, with both parties expressing eagerness to avoid further court battles. Attorney General Wrigley says the details of the settlement will become public once fully executed.
This settlement marks a significant resolution to a contentious legal fight involving federal responsibility and state costs tied to one of the nation’s most high-profile energy infrastructure protests. Sectors across Montana and the U.S. continue to watch how legal and environmental conflicts surrounding energy projects evolve.
