“North Dakota to Proceed With Lawsuit Over Dakota Access Protests”

“North Dakota’s lawsuit can proceed against the federal government to force it to pay $38 million in costs the state incurred to respond to protests over the Dakota Access pipeline in 2016 and 2017, a federal judge ruled Wednesday.

Judge Daniel Traynor of the U.S. District Court for the District of North Dakota partly denied the federal government’s motions to dismiss the claims in the case. Traynor agreed to dismiss one of the state’s claims addressing third-party Good Samaritans.

The state sued the federal government in July 2019 to recoup the costs arising from seven months of protests related to the construction of the Energy Transfer LP oil pipeline across North Dakota. The state said the U.S. Army Corps of Engineers enabled the protests and failed to maintain order, leaving public safety to state officials.”

Bobby Magill reports for Bloomberg Environment August 19, 2020.