North Dakota
North Dakota Part of Lawsuit to Take Over Millions of Acres of Federally Controlled Land
(Kyle Dunphey/Utah News Dispatch via the North Dakota Monitor)
(Kyle Dunphey/North Dakota Monitor) -Several states including North Dakota are throwing their support behind Utah’s lawsuit that questions whether the Bureau of Land Management can hold onto nearly 18.5 million acres of public land within the state’s borders.
Filed with the U.S. Supreme Court in August, Utah’s lawsuit argues that the BLM can’t indefinitely hold onto land without giving it a designation, like a national monument, national forest or wilderness area. Those 18.5 million acres are what the state calls “unappropriated land” — they’re still leased for grazing, recreation and mineral extraction, but have no designation.
Now, 12 states and a few state legislatures are supporting Utah’s effort, signing amicus briefs on Tuesday with the nation’s high court.
An amicus brief, also called a “friend of the court” brief, is filed by organizations or individuals who are not named in the lawsuit, but have an interest in the case or would like to support a particular side. In total, 11 briefs have been filed with the Supreme Court by various groups, states and politicians, all of them supporting Utah’s effort. They include:
- -Idaho, Alaska, Wyoming and the Arizona Legislature.
- -Iowa, which spearheaded a brief signed by attorneys general from Alabama, Arkansas, Mississippi, Nebraska, North Dakota, South Carolina, South Dakota and Texas.
- -Utah’s entire Congressional delegation, which includes Sens. Mitt Romney and Mike Lee, and Reps. Blake Moore, Celeste Maloy, John Curtis and Burgess Owens, all Republicans. Wyoming GOP Rep. Harriet Hageman also signed onto the brief.
- -The Utah Legislature.
- -The Wyoming Legislature.
- -The Utah Association of Counties.
- -The American Lands Council, a nonprofit organization based in Utah that advocates for access to public lands.
- -The Sutherland Institute, a Utah-based conservative think tank.
- -The Utah Public Lands Council, Utah Wool Growers Association, Utah Farm Bureau Federation, and county farm bureaus from Beaver, Garfield, Iron, Kane, Piute, Sanpete, Sevier, Uintah and Washington counties.
- -The Pacific Legal Foundation, a nonprofit law firm.
- -A coalition of counties in Arizona and New Mexico, the New Mexico Federal Lands Council and New Mexico Farm and Livestock Bureau.
The brief spearheaded by Idaho Attorney General Raul Labrador argues the federal government’s control of unappropriated land curtails state sovereignty.
“The federal government may validly own land in the interior as necessary to exercise enumerated powers, as with military bases, federal courthouses, and so on. But the unappropriated lands at issue here are not being used in the exercise of enumerated powers. They are ‘land that the United States is simply holding, without formally reserving it for any designated purpose,’” the brief reads.
In the filing, attorneys argue that the state’s inability to control that land causes a host of problems. There’s a different criminal code; the land cannot be taxed by the state and results in tax hikes; the state cannot exercise eminent domain; and the state can’t generate revenue from grazing fees, mineral leases or timber sales, the brief claims.
“Granting the relief Utah requests would begin to level the playing field for all western States, and restore the proper balance of federalism between western States and the federal government,” the brief reads.
The brief led by Iowa and signed by eight other attorneys general focuses more on whether the Supreme Court should take up the case, and less on the merits of Utah’s lawsuit. Utah is invoking original jurisdiction, which allows states to petition directly to the Supreme Court rather than starting in a lower court and then going through the appeals process. To invoke original jurisdiction, the issue needs to be between a state and the federal government.
Most of the cases considered by the high court are appeals — in Iowa’s brief, attorneys ask the justices to consider Utah’s complaint.
“Few issues are as fundamentally important to a State as control of its land,” the brief reads. “The Amici States respectfully ask this Court to take this case out of respect for the sovereign dignity inherent in a State’s dispute against the United States.”
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WASHINGTON — The North Dakota Department of Emergency Services has been recognized for its wildfire prevention efforts with a national Bronze Smokey Bear Award.
“These awardees demonstrate what fire prevention looks like in action,” said U.S. Forest Service Deputy Chief Sarah Fisher. “Their efforts protect lives, support firefighters and make a real difference in communities across the country.”
May is Wildfire Awareness Month, and with North Dakota experiencing another active spring wildfire season, each fire prevented is one that local responders don’t have to put out, underscoring the importance of each individual’s responsibility to work and recreate safely outdoors. The award to the N.D. Department of Emergency Services (NDDES) recognizes its efforts in communicating just that.
The communications team is led by Strategic Communications Chief Alison Vetter and is supported by Autonomous Systems and Communications Specialist Clint Fleckenstein.
According to information from the Forest Service, the team’s creative products are visually appealing, engaging and effective. The “Learn Before You Burn” tagline urges North Dakotans to visit the interactive N.D. Fire Declarations and Burn Restrictions map to learn their local restrictions, fire danger and red flag warnings before burning or recreating outdoors. Vetter and Fleckenstein consistently take initiative to address fire prevention issues proactively and go above and beyond to become the best possible storytellers of wildfire prevention messaging.
Alison Vetter
Their statewide efforts identify unique and effective avenues to communicate these important public safety topics, addressing top human-caused fire causes like open burning and equipment use through reels, interviews, Gas Station TV, visits with local students, and GoodHealthTV kiosks found in local health units, schools and other public buildings.
During the historic October 2024 wildfires, NDDES mobilized the Joint Information Center, responding to the elevated need for education, prevention and response to determine messaging needs in real time. This included topics like publicizing daily fire danger, sharing resources for affected landowners, advocating for defensible space and safety tips, and messaging ways to minimize fire risk when harvesting, hunting, or enjoying the outdoors. Alison and her team worked over the winter of 2024-2025 to identify prevention efforts and causes, and crafted effective communications strategies to reduce wildfire occurrence, which proved necessary into an active spring 2025 fire season as well. After the devastation of the October 2024 wildfires, they created a documentary to highlight the value and appreciation for those who responded to the call and showcase the unique way North Dakota communities show up for one another in crisis.
The 2026 Smokey Bear Awards will be presented at the National Association of State Foresters’ annual meeting in Lexington, Kentucky, in September.
North Dakota
Armstrong directs flags at half-staff Thursday in observance of Peace Officers Memorial Day
BISMARCK, N.D. – Gov. Kelly Armstrong has directed all government agencies to fly the United States and North Dakota flags at half-staff on Thursday, May 14, and encourages North Dakotans to do the same at their homes and businesses, in observance of national Peace Officers Memorial Day.
The governor’s directive is in accordance with a proclamation issued by President Donald Trump, who also proclaimed May 10-16 as national Police Week.
Armstrong will join North Dakota Attorney General Drew Wrigley and Supreme Court Chief Justice Lisa Fair McEvers in delivering remarks during a North Dakota Peace Officers Memorial Service at 7 p.m. Thursday in Memorial Hall of the State Capitol. North Dakota’s 69 fallen peace officers will be remembered and honored during the service, and the Capitol windows will be lit to display a “Thin Blue Line” as a mark of respect for all law enforcement officers, past and present.
MINOT, N.D. (KMOT) – Todd Cresap, who has served as a North Dakota district judge since 2009, announced he will retire in July.
Cresap wrote a letter to Gov. Kelly Armstrong, R-ND, he would retire effective July 17.
In the letter, Cresap said he had ‘mixed emotions’ over the decision, calling it an ‘honor’ to serve, but said it was time for someone ‘with a new perspective’ to serve.
A Valley City native, Cresap studied at Minot State University and the University of North Dakota.
Then-Gov. John Hoeven appointed Cresap to fill a judgeship in the Northwest Judicial District in 2009 that was created by the legislature. He served in that district until 2014, when it was split into Northwest and North Central.
Voters elected Cresap to the bench in 2012, 2016, and 2022. He served as a lawyer in private practice before his appointment as judge.
Armstrong can appoint a replacement to fill Cresap’s remaining term from a nominating committee’s list, ask the committee for new candidates, or call a special election.
The North Central District covers Ward, Mountrail, and Burke Counties.
Copyright 2026 KFYR. All rights reserved.
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