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BISMARCK, N.D. – North Dakota decisively won its Federal Tort Claims Act case against the federal government in a landmark $27.8 million dollar ruling, the first time in history in which a state has prevailed against the federal government in trial.
U.S. Senator Kevin Cramer (R-ND) released a statement following the ruling:
“This ruling is a colossal win for the North Dakota taxpayers who were forced to bear the cost of our federal government’s abdication of its duties during the Dakota Access Pipeline protests. Even before neglecting their responsibilities, our government literally facilitated the violence. This $27.8 million judgment is a win for the rule of law, for sure, and it’s a win for the Constitution of the United States. It’s the result of nearly a decade of hard work from North Dakota’s Attorney General’s office and I really thank them for their efforts.”
The state’s lawsuit against the federal government sought reimbursement for emergency costs the state was forced to front in response to the unlawful Dakota Access Pipeline (DAPL) protests. These illegal protests, which spanned nearly eight months in 2016 and 2017, inflicted more than $38 million in damages on North Dakota. In the ruling, Judge Dan Traynor wrote, “In 2016, the executive branch, through the Corps, decided it did not have to play by the rule of law and permitted a lawless faction to trample, injure, and disrupt the peace and tranquility of North Dakota.”
Click here for the ruling.
Cramer published an op-ed outlining the significance of the case. He also released detailed summaries from weeks one, two, three, four, and five to provide additional information on individual witnesses.