North Dakota – North Dakota Governor Kelly Armstrong and Attorney General Drew Wrigley have praised a recent federal court ruling that mandates the United States pay nearly $28 million in damages to the state for law enforcement and related costs incurred during the Dakota Access Pipeline (DAPL) protests in 2016 and early 2017.
U.S. District Court Judge Daniel Traynor ruled that North Dakota successfully proved its case for negligence, gross negligence, civil trespass, and public nuisance against the U.S. government. The judge emphasized that the U.S. Army Corps of Engineers misled the public by giving the impression that it had granted a Special Use Permit to DAPL protestors, despite the fact that no such permit was issued.
In a joint statement, Governor Armstrong and Attorney General Wrigley expressed their satisfaction with the decision, calling it “a major win for North Dakota taxpayers and the rule of law.”
They criticized the Obama administration for its role in emboldening protestors, ultimately leading to millions of dollars in damages to the state and endangering the safety of communities, families, and law enforcement officers involved in responding to the protests.
Judge Traynor’s ruling concluded that the United States failed to follow mandatory procedures, leading to harm that was ultimately suffered by the state of North Dakota. “The law allows reimbursement for this harm,” Traynor wrote in his opinion, adding that “the rule of law requires this Court to hold the United States liable to remind it of its role in the larger picture of ensuring peace, not chaos.”
The judge’s ruling also highlighted the violent and disruptive nature of the protests, noting that protestors assaulted law enforcement officers with rocks, bottles, and Molotov cocktails. Furthermore, the protests caused significant environmental damage, leaving large amounts of garbage and human waste behind. According to the ruling, approximately 10 million pounds of trash and debris were removed as part of the cleanup efforts contracted by Morton County.
The decision marks a significant moment in the ongoing legal and political fallout from the DAPL protests, with Judge Traynor’s ruling reinforcing the idea that government agencies must adhere to procedures and take responsibility for the consequences of their actions. The U.S. Army Corps of Engineers’ failure to address the issues surrounding the protests was a key factor in the court’s decision.
