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Court case in North Dakota calls federal environmental review regime into question

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Court case in North Dakota calls federal environmental review regime into question


BISMARCK — A lawsuit before a North Dakota federal district court could upend nearly five decades of environmental regulations affecting infrastructure projects.

The Council on Environmental Quality was created through an executive order by President Richard Nixon in 1969. It implements the National Environmental Policy Act, which directs federal agencies to assess how projects under their jurisdiction will impact environmental factors like air and water quality.

A coalition of 21 Republican-led states, including North Dakota, seeks to overturn a new regulation adopted by the council that took effect in July. The states argue that the rule introduces unreasonable requirements that will slow or even sink important infrastructure including new highways, airports, bridges and water systems, and unlawfully over-emphasizes climate change and environmental justice in the environmental review process.

In a lawsuit filed in May, the states asked the court to strike down the rule, direct the council to adopt regulations consistent with federal law, and reinstate a weaker version the agency enacted during President Donald Trump’s administration in 2020.

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A group of 13 other states, plus the District of Columbia, New York City and a handful of advocacy groups, have joined the case on the side of the Council on Environmental Quality. The defendants argue the agency’s work is vital to protect the environment and public health, and that the 2024 rule should be left in place.

It’s possible that neither side will get what it wants. In a hearing earlier this month, U.S. District Court Judge Daniel Traynor said the Council on Environmental Quality’s entire regulatory regime may be unlawful.

The U.S. Court of Appeals for the D.C. Circuit found in a

November order

that the agency does not have rulemaking authority because Congress never explicitly granted it the power to implement the National Environmental Policy Act. The appellate court did not strike down any of the council’s regulations, leaving it up to other courts to decide whether the rules should stand.

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Traynor questioned how he could leave the regulations intact given the D.C. court’s findings. He said if he were to apply the court’s reasoning to the North Dakota case, he may conclude that all National Environmental Policy Act regulations passed by the council are void. The council issued its first rule implementing the act in 1978.

“If they have no authority, they have no authority,” Traynor said of the council. “It is a paper tiger.”

An attorney representing the Council on Environmental Quality, Gregory Cumming, rebuffed during the hearing the notion that the agency is operating without approval from Congress. The council keeps Congress apprised of its work with annual reports, he noted. If the assembly did not want the agency to pass rules, it could have passed legislation clarifying that stance, Cumming said.

Jan Hasselman — an attorney representing several advocacy groups that joined the case as defendants — said there’s a reason the council’s rulemaking authority has gone unquestioned for almost five decades.

“Nobody benefits when there’s no rules,” he told the judge. “It’s just sort of a mutually assured destruction.”

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Traynor voiced skepticism that such a decision would create disarray. Even if the council’s rules disappear, other local and federal regulations would still be intact, he reasoned.

“It’s not like it becomes the Wild West,” he said.

Traynor asked the plaintiffs and defense to prepare legal briefs explaining how they would be impacted if he adopts the D.C. court’s reasoning.

The discussion came as part of a hearing on motions for summary judgment by the plaintiffs and defense. Both sides asked Traynor to decide the case in their favor without going to trial.

James Auslander, an attorney representing the plaintiff states, said the council is unlawfully and arbitrarily infringing on state sovereignty and the new rule will cause them significant economic harm.

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“These are critical projects for plaintiff states and our citizens,” he said.

Cumming argued the plaintiff states have not demonstrated that the new rule has actually harmed them, and that many of the components of the rule challenged as cumbersome are guidelines, not requirements.

Traynor took the motions under advisement and has yet to issue a ruling.

The 21 plaintiffs states are Iowa, North Dakota, South Dakota, Kentucky, Utah, Idaho, Wyoming, South Carolina, Kansas, Virginia, West Virginia, Tennessee, Arkansas, Florida, Georgia, Louisiana, Missouri, Montana, Nebraska, Texas and Alaska.

The 13 states that joined the defense as intervenors are California, Oregon, Washington, Massachusetts, Colorado, Michigan, Illinois, Maine, Maryland, New Jersey, New Mexico, New York and Wisconsin.

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This story was originally published on NorthDakotaMonitor.com

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This story was written by one of our partner news agencies. Forum Communications Company uses content from agencies such as Reuters, Kaiser Health News, Tribune News Service and others to provide a wider range of news to our readers. Learn more about the news services FCC uses here.





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North Dakota

Donald Snyder Sr.

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Donald Snyder Sr.


Donald R. Snyder Sr. 82 of Grand Forks, North Dakota died Tuesday, December 9, 2026, at Villa St. Vincent in Crookston, Minnesota. 

Don was born on June 3, 1943, the son of Harrison and Gladys (Whittier) Snyder in Van Hook, North Dakota. He attended school in Van Hook and New Town, North Dakota. Don served in the United States Navy from 1960 – 1964 and was stationed in Hawaii during his time of service as a Military Police officer. He attended ND Police Academy and where he worked in Wattford City, ND and later was the Chief of Police in Parshall, ND. Don attended Minot State University and received a bachelor’s degree in psychology in 1972. 

Don was united in marriage to Greta Huseby on November 22, 1991, in Lake Tahoe, Neveda. He worked as a social worker in child welfare in North Dakota for thirty-five plus years in various roles in the state in Rugby, Minot and Bismarck as a Regional Supervisor to State Director in foster care. Don spent the many years taking care of family’s needs in North Dakota.

After retiring from Human Service in North Dakota, he worked for Multiband Inc. and Orangehook Inc. Don retired from OrangeHook Inc. as the Senior Vice President, responsible for HR Department.

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Don enjoyed fishing (deep sea, rivers and lakes), hunting, woodworking (cabinetry and interior), coaching Tee Ball and soccer, and volunteering for the local honor guards. He was proud of his service in the military and always showed his gratitude for fellow veterans.

Don’s faith and family were his priority. He read the Bible six times and shared his faith with his family and friends. Don and Greta were active members of University Lutheran Church.

Don is survived by his wife, Greta Snyder; three sons, Donald Richard Snyder Jr., Scott (Nancy) Snyder and Tracy (Staci) Snyder; grandchildren, Megan (Rory) Selk, Katelyn Snyder, Gavin Snyder, Whitney (Chris) Crofts, Kaylee (Jon) Gappmaier and Jordan (Jen) Snyder, thirteen great-grandchildren, Kinley, Iyla, Jude, Gabby, Rowan, Sophia, Hunter, Kimber, Isaiah, Benjamin, Porshea, Addie and Mollie;  numerous nieces and nephews.

Don was preceded in death by his parents, two daughters, Tunya and Mishell Snyder, granddaughter, Jessica Snyder and two infant sisters. 

Visitation will be held from 10:00 – 11:00 a.m. Wednesday, December 17, 2025, at Amundson Funeral Home. Memorial service will be held at 11:00 a.m. Wednesday, December 17, 2025, at Amundson Funeral Home.

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Wheeler-Thomas scores 21 as North Dakota State knocks off Cal State Bakersfield 80-69

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Wheeler-Thomas scores 21 as North Dakota State knocks off Cal State Bakersfield 80-69


BAKERSFIELD, Calif. (AP) — Damari Wheeler-Thomas’ 21 points helped North Dakota State defeat Cal State Bakersfield 80-69 on Thursday.

Wheeler-Thomas had three steals for the Bison (8-3). Markhi Strickland scored 15 points while shooting 6 of 11 from the field and 3 for 6 from the free-throw line and grabbed five rebounds. Andy Stefonowicz went 4 of 7 from the field (3 for 4 from 3-point range) to finish with 13 points.

Ron Jessamy led the way for the Roadrunners (4-7) with 18 points, six rebounds, two steals and four blocks. CJ Hardy added 13 points. Jaden Alexander also recorded eight points and two steals.

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The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.



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Scientists discover ancient river-dwelling mosasaur in North Dakota

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Scientists discover ancient river-dwelling mosasaur in North Dakota


Some 66 million years ago, a city bus-sized terrifying predator prowled a prehistoric river in what is now North Dakota. 

This finding is based on the analysis of a single mosasaur tooth conducted by an international team of researchers from the United States, Sweden, and the Netherlands. 

The tooth came from a prognathodontine mosasaur — a reptile reaching up to 11 meters long. This makes it an apex predator on par with the largest killer whales.

It shows that massive mosasaurs successfully adapted to life in rivers right up until their extinction.

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The mosasaur tooth was found in 2022 in the Bismarck Area, North Dakota. Credit: Melanie During 

Isotope analysis

Dating from 98 to 66 million years ago, abundant mosasaur fossils have been uncovered in marine deposits across North America, Europe, and Africa.

However, these marine reptile fossils have been rarely found in North Dakota before. 

In this new study, the large mosasaur tooth was unearthed in a fluvial deposit (river sediment) in North Dakota. 

Its neighbors in the dirt were just as compelling: a tooth from a Tyrannosaurus rex and a crocodylian jawbone. Interestingly, all these fossilized remains came from a similar age, around 66 million years old. 

This unusual gathering — sea monster, land dinosaur, and river croc — raised an intriguing question: If the mosasaur was a sea creature, how did its remains end up in an inland river?

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The answer lay in the chemistry of the tooth enamel. Using advanced isotope analysis at the Vrije Universiteit in Amsterdam, the team compared the chemical composition of the mosasaur tooth with its neighbors.

The key was the ratio of oxygen isotopes. 

The mosasaur teeth contained a higher proportion of the lighter oxygen isotope than is typical for mosasaurs living in saltwater. This specific isotopic signature, along with the strontium isotope ratio, strongly suggests that the mosasaur lived in a freshwater habitat.

Analysis also revealed that the mosasaur did not dive as deep as many of its marine relatives and may have fed on unusual prey, such as drowned dinosaurs. 

The isotope signatures indicated that this mosasaur had inhabited this freshwater riverine environment. When we looked at two additional mosasaur teeth found nearby, slightly older sites in North Dakota, we saw similar freshwater signatures. These analyses show that mosasaurs lived in riverine environments in the final million years before going extinct,” explained Melanie During, the study author.

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Transformation of the Seaway

The adaptation occurred during the final million years of the Cretaceous period.

It is hypothesized that the mosasaurs were adapting to an enormous environmental shift in the Western Interior Seaway, the vast inland sea that once divided North America.

Increased freshwater influx gradually transformed the ancient sea from saltwater to brackish water, and finally to mostly freshwater, similar to the modern Gulf of Bothnia. 

The researchers hypothesize that this change led to the formation of a halocline: a structure where a lighter layer of freshwater rested atop heavier saltwater. The findings of the isotope analyses directly support this theory.

The analyzed mosasaur teeth belong to individuals who successfully adapted to the shifting environments. 

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This transition from marine to freshwater habitats (reverse adaptation) is considered less complex than the opposite shift and is not unique among large predators. 

Modern parallels include river dolphins, which evolved from marine ancestors but now thrive in freshwater, and the estuarine crocodile, which moves freely between freshwater rivers and the open sea for hunting.

Findings were published in the journal BMC Zoology on December 11.



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