North Dakota secures more than 27 million dollars from federal government over costs tied to Dakota Access Pipeline protests
Bismarck, North Dakota – North Dakota has reached a major settlement with the federal government over costs tied to the Dakota Access Pipeline protests, bringing an end to years of legal battles surrounding the state’s response to the demonstrations that took place in 2016 and 2017.
The agreement will result in the United States paying North Dakota more than $27.8 million for law enforcement and other expenses the state says it incurred while responding to the protests. The settlement resolves the case known as North Dakota v. United States and follows years of litigation over who should bear the financial burden created by the large-scale protest movement.
Governor Kelly Armstrong welcomed the outcome, saying the agreement represents an important step toward reimbursing taxpayers for costs associated with the state’s response.
“This settlement is long overdue and goes a long way toward making North Dakota whole, on top of the $10 million previously paid by the DOJ to the state for protest-related costs,” Armstrong said.
The governor also criticized the actions of the Obama administration during the protests, arguing that federal officials failed to remove demonstrators from land managed by the U.S. Army Corps of Engineers and allowed the situation to continue for months.
According to Armstrong, the pipeline at the center of the dispute was legally permitted and has operated for nearly a decade without incident. He praised the work of the Attorney General’s Office and the attorneys involved in securing a favorable court ruling and ultimately reaching a settlement.
Massive response stretched across multiple counties
The Dakota Access Pipeline protests generated one of the largest law enforcement responses in North Dakota’s recent history.
Testimony presented during trial proceedings two years ago showed that the state’s emergency response lasted for more than 230 days. The operation involved 178 response agencies and extended across Morton, Sioux, Burleigh, and Emmons counties.
Authorities reported that law enforcement officers made 761 arrests during the protests. Of those arrested, 709 were identified as residents from outside North Dakota.
The cleanup effort that followed was also extensive. State officials said more than 600 roll-off dumpsters were needed to remove debris and hazardous materials left behind at protest camps. In total, approximately 9.8 million pounds of garbage and other materials were removed from the sites.
The settlement announcement was made by North Dakota Attorney General Drew Wrigley during a news conference attended by several state leaders, including Chief Deputy Attorney General Claire Ness, Solicitor General Phil Axt, representatives from the North Dakota Bureau of Criminal Investigation, Morton County Sheriff Kyle Kirchmeier, Adjutant General Mitch Johnson, and senior members of the North Dakota Highway Patrol.
Justice Department acknowledges impacts on North Dakota
While agreeing to settle the lawsuit, the United States Department of Justice made clear that it does not agree with all of the legal conclusions reached by the court.
In a statement released after the settlement was finalized, the department said, “The United States disputes the District Court’s legal analysis of North Dakota’s claims and of the United States’ defenses under the Federal Tort Claims Act, but acknowledges in hindsight that, under the Obama Administration, the federal government could have done more to reduce the impacts to the people of North Dakota from the Dakota Access Pipeline (DAPL) protests, which at times rose to the level of unlawfulness and confrontational violence.”
Federal officials said they hope the agreement allows those affected by the events to move forward and provides some degree of closure after years of disputes.
The department also stated, “This settlement allows the United States and the State of North Dakota to resolve this matter and continue working together cooperatively in the future.”
The Justice Department emphasized that freedom of speech and peaceful assembly remain fundamental constitutional rights. However, it also stated that some conduct during the demonstrations crossed legal boundaries.
According to the department, “While freedom of speech and the right to peaceably assemble are bedrock principles in our constitutional order, some of the conduct that took place during the height of the DAPL protests in the summer and fall of 2016 was unlawful and not protected free speech or peaceful assembly.”
Federal officials cited allegations that vehicles were burned, private property was damaged, roads were blocked, and confrontations occurred between protesters and law enforcement officers.
The department explained that federal officials at the time decided not to forcibly remove protesters from encampments located on federal property in an effort to avoid further escalation. Looking back, however, it acknowledged that the decision had significant consequences for North Dakota residents.
The statement concluded with a broader message about public safety, saying, “Under President Trump, the United States is committed to protecting its citizens from lawlessness and violence masquerading as “peaceful” or “mostly peaceful” protests.”
The settlement closes a lengthy legal fight and delivers tens of millions of dollars to North Dakota, ending a chapter that began with one of the most closely watched pipeline protests in modern American history.
