Key facts
- The federal government will pay North Dakota nearly $28 million to settle a lawsuit over policing costs during Dakota Access pipeline protests.
- The settlement acknowledges the federal government could have done more to mitigate the impacts of the protests.
- The lawsuit concerned policing costs from protests that occurred in 2016 and 2017.
- The federal government was found liable for negligence, gross negligence, civil trespass, and public nuisance.
- The Dakota Access pipeline transports approximately 540,000 barrels of oil daily.
North Dakota and the federal government have reached a settlement in a lawsuit concerning the significant costs incurred by the state for policing protests against the Dakota Access oil pipeline nearly a decade ago. The agreement stipulates that the federal government will pay North Dakota approximately $28 million, an amount consistent with a prior federal judge's determination. This settlement resolves claims including negligence and public nuisance, stemming from the extensive law enforcement response to the 2016-2017 protests.
Republican Attorney General Drew Wrigley announced the settlement, expressing appreciation for the federal government's acknowledgments of the "intimidation, violence, property destruction, unlawful conduct" associated with the protests. He stated that North Dakota is now "financially whole," with the settlement funds intended to cover outstanding debts. Governor Kelly Armstrong echoed this sentiment, calling the settlement "long overdue" and a removal of financial burdens from taxpayers.
The U.S. Justice Department, while disputing the court's legal analysis, acknowledged that the federal government "could have done more" under the Obama Administration to mitigate the impacts on North Dakota residents. The department recognized that the choice not to forcibly remove protesters from federal land at the time had "painful consequences."
U.S. District Judge Daniel Traynor had previously found the federal government liable on all claims and determined it owed the state about $27.8 million. The protests, which drew thousands of supporters of the Standing Rock Sioux Tribe and environmental advocates, sometimes resulted in violent clashes with law enforcement. The state's response involved 178 agencies over seven months, leading to 761 arrests and extensive cleanup efforts.
The state initially sued in 2019 seeking $38 million. The pipeline company Energy Transfer had previously donated $15 million towards response costs, and the Justice Department provided a $10 million grant. The judge factored these contributions into his calculation of the award. The pipeline, which transports about 4% of U.S. daily oil production, has been operational since mid-2017. In May, the U.S. Army Corps of Engineers granted final approval for the pipeline's Missouri River crossing, a decision the Standing Rock Tribe stated it would consider its options regarding.