Sen. Cramer: North Dakota’s DAPL Lawsuit Against Feds Ordered to Proceed

BISMARCK – This week, U.S. District Judge Daniel M. Traynor issued an order stating the federal government will have to face North Dakota's claims at trial for $38 million in emergency response costs after protestors attempted to block the construction of the Dakota Access Pipeline (DAPL) project in 2016 and 2017. Judge Traynor again ruled the federal government owed a “duty of care” to North Dakota.

North Dakota filed a lawsuit in 2019 against the federal government, seeking damages for emergency response costs and argued the Obama administration failed to control protests after allowing protestors to unlawfully “set up shop” on federal land. Additionally, the lawsuit claims the federal government violated a “nondiscretionary duty by failing to follow its mandatory special use permitting process.”

"Judge Traynor’s ruling is further confirmation of what North Dakotans have known all along: the federal government should be held responsible for inviting and harboring DAPL protestors and the millions of dollars of damage they caused,” U.S. Senator Cramer (R-ND) said. “These reckless, uncontrolled protesters have no respect for the rule of law, and there must be accountability. It is only right the government compensate North Dakota for the destruction it caused to our citizens.”

According to the order, the U.S. Army Corps of Engineers indicated it issued a permit and sent a letter informing an official from the Standing Rock Sioux Tribe it had established a free speech zone which allowed protesters to gather. However, the process was abandoned, and a permit was never issued. In his order, Judge Traynor stated while the Court has determined as a matter of law the governing duty owed by the U.S. to North Dakota, “resolution of the question of duty is wrapped up in the foreseeability of harm question, which is inherently factual in nature to be resolved at trial.”

“The factual disputes underlying the legal issues will be properly resolved at trial. Nevertheless, there is one matter that is factually undisputed: the Corps failed to follow its mandatory special use permitting procedures,” the order states.