ND’s DAPL suit against the federal government nearing an end

BISMARCK, ND ( KXNET ) — Three months after North Dakota’s trial against the federal government over the Dakota Access Pipeline protests, the case is nearing its conclusion.

The state of North Dakota filed its post-trial brief on Friday, urging U.S. District Court Judge Dan Traynor to rule in favor of the state and hold the federal government accountable for its facilitation of “public nuisance, negligence, gross negligence, and civil trespass” on Army Corps land.

North Dakota officials say the DAPL protests, which spanned April 2016 to February 2017, resulted in North Dakota’s accrual of $38 million in damages. Earlier this year, North Dakota’s Federal Torts Claim Act (FTCA) suit to recoup damages stemming from federal refusal to assist with law enforcement came before the federal court in Bismarck. No state has ever prevailed at trial against the government using the FTCA. If North Dakota succeeds, it would be precedent-setting.

U.S. Senator Kevin Cramer (R-ND) issued a statement after the brief was filed, saying, “The federal behemoth’s wrongdoing during the DAPL protests cost our state and taxpayers $38 million. Attorney General Drew Wrigley and his team summed up over a month of testimony in their post-trial brief, highlighting the federal government’s complete dereliction of duty. I hope North Dakota’s case makes history by forcing the federal government to finally admit fault.”

Now that North Dakota has filed its post-trial brief, the federal government will have 45 days to file its own brief. After that, North Dakota gets 30 days to reply to that filing.

In all, it will likely be close to November before U.S. District Court Judge Dan Traynor issues a ruling in the case.

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