North Dakota
North Dakota to Face Federal Government in Trial
Seeks to Recoup $38 Million for Destructive 2016 DAPL Protests
Sen. Kevin Cramer release
WASHINGTON – For five years, North Dakota has been involved in a legal battle with the United States regarding the federal government’s negligence associated with the unlawful Dakota Access Pipeline (DAPL) protests from August 2016 to March 2017. Throughout the protests, which spanned 233 days, activists illegally occupied federal lands and engaged in unlawful, destructive, and violent acts.
These activities, aided and exacerbated by the Obama administration’s negligence, left local and state law enforcement on their own to maintain order. Due to the U.S.’ rejection of the state’s efforts to cooperate and mitigate the protests, North Dakota was left without assistance to protect public safety and clean the very land the activists sought to protect. The federal government and the U.S. Army Corps of Engineers’ (USACE) failure to contain the protests or assist law enforcement resulted in more than $38 million in damages to North Dakota.
Two months ago, U.S. District Judge Daniel M. Traynor issued an order stating the federal government would have to face North Dakota’s claims at trial for the emergency response costs and agreed the federal government owed a “duty of care” to the state.
The lawsuit’s bench trial is scheduled to begin on Thursday, February 15, and will be overseen by Judge Traynor at the William L. Guy Federal Building and U.S. Courthouse in Bismarck. By statute, there will be no jury and all decisions of fact and law will be determined by Judge Traynor.
“Eight years after the rest of the country moved on from the DAPL protests, North Dakota finally has the opportunity to take the federal government to court and fight for financial compensation for the havoc enabled by the Obama administration,” said Cramer. “Instead of containing the illegal protests, the federal government condoned them and instead of assisting North Dakota with law enforcement efforts, it stood by and did nothing. I look forward to an acknowledgment of federal negligence and the resolution of this case in North Dakota’s favor.”
North Dakota originally brought the five-count Complaint against the United States pursuant to the Federal Tort Claims Act (FTCA). The Complaint seeks to recover damages incurred from the costs related to the DAPL protests in 2016 and 2017, including damages to the state property, law enforcement vehicles, and for work to repair damages to the Backwater Bridge. Not only is it incredibly rare for a state to sue the federal government under the FTCA, none have prevailed at trial.
The USACE’s failure to enforce mandatory permitting procedures to conduct protests on federal lands compounded the problem by enabling the unlawful occupation. According to court documents, these trespassers “fired guns, shot arrows at an aircraft, threw Molotov cocktails, rocks, sticks, frozen water bottles, cans and feces at officers, and slashed their vehicle tires.” Throughout the nearly eight months of illegal occupation, law enforcement made a total of 761 arrests, with only 51 of those being from the state. In response, North Dakota was required to enforce the law and protect public safety by mobilizing all of the major state law enforcement and emergency response agencies, the National Guard, and relied on support from local law enforcement and first responder agencies. Additionally, the state was forced to rely on the assistance of law enforcement from 11 other states. North Dakota’s reasonable response to this emergency cost $38,005,071.66.
Since 2017, the 1,172-mile-long underground DAPL has been safely operating and delivering oil from North Dakota to Illinois. Despite this, the pipeline has faced scrutiny under the National Environmental Policy Act (NEPA) three times, including a 1,261-page Environmental Assessment from 2016 which found no significant impact and a 2017 court-ordered remand analysis.
The North Dakota delegation has led many efforts to ensure the pipeline remains operational, including sending a letter to the Assistant Secretary of the Army for Civil Works, requesting uninterrupted operation of DAPL. Additionally, the delegation explained it was in the nation’s best interest to conclude this “seemingly endless” EIS process. In December, North Dakota Governor Doug Burgum explained the pipeline “is an essential part of North Dakota’s and the nation’s energy infrastructure. It plays a pivotal role in ensuring energy security and affordability for the entire nation while providing enormous positive economic impact that touches every North Dakota citizen.”
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North Dakota
FOMO 10/40 Creamery to bring ice cream to small business across North Dakota
BISMARCK, N.D. (KFYR) – A grant from the North Dakota Department of Agriculture is helping a small business in Bismarck expand.
FOMO 10/40 Creamery, located in the central part of the city, is planning to sell its ice cream wholesale at other small businesses across the state.
For owner Andrew Hershey, consistent quality is important, so he doesn’t expect to sell his ice cream in grocery chains quite yet.
“We want to really support the small, local businesses to help them keep open, but also give them the opportunity to sell our product first. I think local North Dakota ice cream sold locally, within a local business, means more to me,” said Hershey.
With the grant, FOMO will also be doing a brand refresh by updating its space.
The business started as an ice cream trailer in 2019.
Copyright 2026 KFYR. All rights reserved.
North Dakota
Case of measles reported in western North Dakota county
MANNING, N.D. (North Dakota Monitor) — One case of measles was reported in Dunn County, increasing North Dakota’s total number of cases to 36 this year, the Department of Health and Human Services said Friday.
The Dunn County case was believed to have been contracted out of state, health officials said.
North Dakota’s 36 total measles cases confirmed this year now equals the state’s total measles cases reported in 2025, according to the department’s measles dashboard.
Measles cases have been reported across six other counties in North Dakota this year: 23 cases in Pembina County; six cases in Ransom County; three cases in Grand Forks County; and individual cases reported in Traill, Walsh and Williams counties. Five people who contracted measles in 2026 needed to be hospitalized.
Previously, Molly Howell, immunization director of HHS, said being vaccinated against measles is critical to prevent the spread of the disease. She said people with two doses of the measles, mumps and rubella vaccine are 97% protected against contracting the disease.
Cases of measles continue to be reported across the U.S. and Canada, the department said, and people should monitor for symptoms.
Measles symptoms include fever, cough, runny nose and eye irritation, followed by a widespread rash, according to the department. People can transmit the disease for up to four days before a rash develops, according to HHS.
People who believe they may have contracted measles should call a healthcare provider before arriving at a medical clinic for treatment so precautions can be taken to protect other patients and medical staff, HHS said.
As of April 30, the Centers for Disease Control and Prevention reported 1,814 cases of measles across 36 states in 2026.
North Dakota
Minot veteran says Honor Flight trip memorable
Submitted Photo
U.S. Air Force veteran Jim Clifford of Minot is shown with the Lincoln Memorial in the background during his trip to the Washington, D.C., area with the Western North Dakota Honor Flight.
U.S. Air Force veteran Jim Clifford of Minot said his recent trip to the Washington, D.C., area with the Western North Dakota Honor Flight was a memorable one.
“The honor is so great,” he said.
Clifford was among more than 100 veterans on the trip from Bismarck, Sunday, April 26, and returning, Monday, April 27. Besides Clifford, several other Minot veterans made the trip.
He said he was very impressed with the N.D. Western Honor Flight organization and the coordination of the trip.
“The coordination is unbelievable. We had a police escort from our hotel room in Arlington, Virginia, to the Capitol. It was right at rush hour,” he said. He said the group of veterans traveled in four buses.
When they arrived at Washington Dulles International Airport, people with signs were standing to the side to greet them.
“It was just unbelievable,” he said. When they left the Bismarck airport, he said, the lobby there was full of people. He said Bismarck comes out really well for the veterans going on these trips and it was the same when the Western N.D. Honor Flight was out of Minot for the first time in April 2025.
Clifford was active duty in the Air Force from 1971-75. For 10 months he served in Taiwan but his Air Force time before and after was at Minot Air Force Base with the fire department.
“My first fire chief was Ken Gillespie,” he said. Gillespie’s son, Ken Gillespie aka Dizzy the Clown, is well known in the Minot area.
After discharge from the Air Force, Clifford continued civil service with the base fire department from 1976-2008, retiring as fire chief.
During the Honor Flight trip, Clifford said, they visited many highlights — veterans’ memorials including World War II, Korean and Vietnam, the U.S. Capitol and the Dulles Air and Space Museum. Congresswoman Julie Fedorchak, R-ND, and Secretary of the Interior Doug Burgum met with the group during their visit.
The veterans also visited Arlington National Cemetery.
“We got to see the Changing of the Guard and see them laying two wreaths,” he said.
At a banquet held that night for the veterans at their hotel, the Hyatt Regency in Arlington, he said the sentinel, the lead person for the Changing of the Guard, spoke to them.
“It was a very worthwhile trip. If you’re a veteran, you need to sign up for it,” Clifford said of the Honor Flight.
The Western North Dakota Honor Flight will be the grand marshal of the 2026 North Dakota State Parade Saturday, July 18, in Minot.
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