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North Dakota to Face Federal Government in Trial

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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.

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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.

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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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State humanities group receives funding for ‘America 250’ activities

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State humanities group receives funding for ‘America 250’ activities


GRAND FORKS – The Study ND, formerly Humanities North Dakota, has received $15,000 from the National Endowment for the Arts for a statewide theater and humanities initiative in recognition of the 250th anniversary of the founding of the United States.

This commemorative investment is meant to bring historical events and figures – such as the framers of the U.S. Constitution – to life through virtual and live performances that celebrate the nation’s history.

The grant, along with funding from private sources, has made it possible for The Study ND to host “America 250” activities after the organization sustained a considerable cut in funding from the National Endowment for the Humanities last year, according to Brenna Gerhardt, The Study ND executive director.

“We absorbed a 50% budget cut, resulting in a loss of $467,645 in funding,” Gerhardt said. “As a result, we had to significantly scale back our American 250 initiatives focused on American history and civics education.”

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Funds received from the National Endowment for the Arts will be used to present public readings, theatrical portrayals and guided discussions to encourage audience members to reflect on the nation’s founding in 1776 and on its democratic ideals, while engaging in contemporary conversations about civic life.

All of the programming in the series organized by The Study ND, titled “American Heroes,” will be livestreamed statewide.

In the grant application submitted to the National Endowment for the Arts, “we framed the project around a simple idea: democracy requires more than information, it requires citizens who can think historically, listen well, and argue in good faith,” Gerhardt said.

“This series uses living history performances to bring consequential figures into the room, then turns the room into a civic space through moderated dialogue and related public events. We define ‘heroism’ as civic courage under pressure, the willingness to contend with hard truths, and the capacity to enlarge a community’s moral imagination,” she said.

“The project does not ask audiences to agree on a single interpretation of a figure. It invites them to grapple with complexity together, and to connect the past to the responsibilities of the present.”

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When Gerhardt and her colleagues received the application for grant proposals from the National Endowment for the Arts, “we were already planning a line-up of America 250 events and it fit perfectly with what we were already planning, so then we just wrote the grant,” she said.

Private funds, including matching funds from the Bismarck-based Tom and Frances Leach Foundation, have also been provided for this project.

Details about all the events will probably be posted on the website

www.TheStudyND.org

in March, Gerhardt said.

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The America 250 events, which are planned to take place at Bismarck State College, are 5-6 p.m. July 8, “Reading of the Declaration of Independence, with John Adams,” and 6-7:30 p.m. July 9, “Alexander Hamilton Speaks,” both performed by William Chrystal.

The Living History programs are planned for 7-8:15 p.m. Sept. 17, “Thomas Paine,” performed by Doug Mishler, and Oct. 6, 7-8:15 p.m, “Frederick Douglass,” performed by Nathan Richardson. Both will be moderated by Susan Frontczak.

The performers Chrystal and Richardson live in Virginia, Frontczak in Colorado,and Mishler in Nevada.

Another program, “Hemingway and Gellhorn,” is set for Sept. 16-18 at Bismarck State College, Gerhardt said. “It is part of our broader Chautauqua/living history programming connected to America 250 … (and) will feature performances and discussion centered on Ernest Hemingway and Martha Gellhorn, using their lives and writing as a way to explore major questions about American identity, war reporting, public memory, and the stories we tell about freedom, conflict and responsibility.

“What I am excited about with this event is that it gives us a way to approach America 250 beyond founding-era material. In other words, it helps us show the American story is not just about 1776, but also about the generations that followed and how Americans wrestled with democracy, power, truth and moral courage.”

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This program “expands the initiative beyond commemoration into reflection, dialogue and interpretation, which is where the humanities are especially valuable,” she said. “It helps us reach audiences who may be drawn in through literature, journalism and performance, not only traditional history events.”

The Hemingway and Gellhorn program fits in with America 250 in that “it broadens the frame and adds depth to the larger effort.”

Gerhardt is hoping that these activities will give participants “a better understanding of all the debates and issues going on when our country was founded, and how those debates are continuing today,” she said, “and just to be more thoughtful and informed citizens.”

College students and members of the general public will also be invited to participate in a workshop aimed at teaching participants how to build a living history performance from primary sources and historical research.

Last year, The Study ND lost a substantial amount of funding – nearly $468,000, about half of its annual budget – from the National Endowment for the Humanities for its fiscal 2025 year.

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The loss of that much funding was discouraging, Gerhardt said. “Very much so, because we had a lot of activities planned for America 250 and we had to cancel a lot of them, or – like in this case – seek other funding, which we were lucky to get.”

The Study ND currently has four full-time employees, she said. “We eliminated a part-time marketing position after the cuts.”

A nonprofit organization, The Study ND provides civics, arts and cultural education programming. The organization’s programs – which include online classes, book talks, lectures and more – reached about 24,000 people in 2024, Gerhardt told the North Dakota Monitor in April 2025.

During the summer, the organization hosts a civics education program for high school and middle school social studies teachers, she said.





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Today in History, 1943: 2 North Dakota men die in separate Army plane crashes

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Today in History, 1943: 2 North Dakota men die in separate Army plane crashes


On this day in 1943, two North Dakota army officers, Second Lieut. Arthur B. Kuntz and First Lieut. Bernard A. Anderson, were killed in separate medium bomber training crashes in Florida and Georgia.

Here is the complete story as it appeared in the paper that day:

Army Plane Crashes Kill Two N. D. Men

Two North Dakota officers in the army air forces were killed Sunday in bomber crashes during training flights, Associated Press dispatches revealed Monday.

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Second Lieut. Arthur B. Kuntz of Harvey (Wells county) was killed with 10 others from the Avon Park, Fla., army bomber base when two medium bombers collided during a routine formation flight. Both planes crashed and there were no survivors.

First Lieut. Bernard A. Anderson of Warwick (Benson county) was one of six killed when a medium bomber from MacDill field, Tampa, Fla., crashed near Savannah, Ga. Lieutenant Anderson was co-pilot of the plane.

None of the other victims of either accident was from the Dakotas or Minnesota.

Lieutenant Kuntz, son of Mr. and Mrs. Roy Kuntz of Harvey, was graduated from the army air force navigation school at Hondo, Texas, as a second lieutenant last October, and received his wings as a navigator.

See more history at Newspapers.com

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An ad featured in The Forum on March 2, 1943. Newspapers.com

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Kate Almquist

Kate Almquist is the social media manager for InForum. After working as an intern, she joined The Forum full time starting in January 2022. Readers can reach her at kalmquist@forumcomm.com.





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Presidential Searches at 3 North Dakota Colleges Narrowing

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Presidential Searches at 3 North Dakota Colleges Narrowing


(Michael Achterling/North Dakota Monitor)

 

(North Dakota Monitor) – Two North Dakotans are semifinalists for the Bismarck State College president’s job as North Dakota State University narrows its presidential candidate list.

Valley City State University also is searching for a new president, with an application period closing this month..

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Kevin Black, chair of the State Board of Higher Education and co-chair of the North Dakota State University Presidential Search Committee, said the committee reviewed over 60 applications. The committee is planning off-site interviews with candidates March 9-10 and campus visits with semifinal candidates March 23-27.

“We’re really excited about taking the next step and there’s some very quality people in there,” Black said.



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