North Dakota
Corps of Engineers says Standing Rock can’t sue over pipeline inaction • North Dakota Monitor
The U.S. Army Corps of Engineers says the Standing Rock Sioux Tribe’s latest lawsuit over the Dakota Access Pipeline should be tossed, arguing the tribe can’t sue the agency over a permit that hasn’t been granted yet.
The lawsuit, filed in October, accuses the Army Corps of unlawfully allowing the Dakota Access Pipeline to operate without an easement, a complete environmental assessment or sufficient emergency spill response plans. The tribe wants a federal judge to shut the pipeline down.
The Army Corps of Engineers has jurisdiction over a part of the pipeline that passes below a reservoir on the Missouri River less than a half-mile upstream from the Standing Rock Reservation.
The agency for the past several years has been working on an environmental impact statement that, once finalized, will inform whether or not the Corps will grant the easement for that segment of the pipeline.
Standing Rock argues the Corps should never have allowed the pipeline to operate while the study is still pending.
Standing Rock has opposed the pipeline for years, saying it infringes upon the tribe’s sovereignty, has damaged sacred cultural sites and will pollute the tribe’s water supply.
“The Corps has failed to act and failed to protect the tribe,” Standing Rock Chair Janet Alkire said in an October press conference announcing the lawsuit.
Standing Rock Sioux Tribe files new lawsuit over DAPL
The Army Corps previously approved the easement in 2017, but a federal judge revoked it in 2020, finding that the Corps violated environmental law by granting it without properly researching how the pipeline would affect the surrounding environment.
U.S. District Court Judge James Boasberg consequently instructed the Army Corps of Engineers to complete the environmental impact study. Boasberg also ordered the pipeline to stop operating and be drained, though that demand was overturned by an appellate court.
In a 2021 ruling, Boasberg wrote he could not shutter the pipeline because the tribe hadn’t sufficiently demonstrated that it posed an immediate threat of irreparable harm.
Standing Rock’s latest lawsuit, which is also before Boasberg, seeks to bring new evidence to light, including a 2024 engineering report that raised questions about the construction of the pipeline underneath the reservoir, also known as Lake Oahe.
Still, the Army Corps wrote in its January filings that the evidence isn’t enough for Boasberg to change his position.
The Corps also said that Standing Rock cannot take the agency to court over the easement at this time.
“At the heart of plaintiff’s complaint is a contradiction. The contradiction lies in the fact that the entire complaint is devoted to challenging a decision that has not yet been made,” the Corps wrote.
The tribe argues the Corps’ lack of a position on the pipeline’s continued operation is, in and of itself, illegal. It says that judges can order a federal agency to take action when that agency unlawfully fails to do so.
In his 2021 order, Boasberg also indicated the Corps could have taken a more firm stance on whether the pipeline should be allowed to continue operating while the environmental impact study is underway.
“Ever since this Court’s vacatur order in July 2020, and across two presidential administrations, the Corps has conspicuously declined to adopt a conclusive position regarding the pipeline’s continued operation, despite repeated prodding from this Court and the Court of Appeals to do so,” Boasberg wrote. He also said, however, that this matter was not the place of a court to decide.
The Corps claims that even if it does deny the easement under Lake Oahe, it doesn’t have the authority to shut the pipeline down.
Pipeline owner joins lawsuit over Dakota Access Pipeline
Standing Rock accuses the Army Corps of several other violations in its complaint. For one, the agency should have closed the pipeline due to evidence its construction damaged Native sacred sites near Standing Rock in 2016, the tribe argues.
It also says the Army Corps should have required the pipeline developers to improve its emergency response plans and share them with Standing Rock in the case of a spill under Lake Oahe.
The pipeline’s parent company denies the allegations that it damaged archeological sites and that the company failed to prepare and disclose adequate emergency response plans.
The Army Corps says Boasberg should reject these and other alleged violations raised by the tribe since the Corps is still working on its environmental review.
It’s not the court’s role to review a federal agency decision until it’s final, the Corps wrote.
The Corps also says some of Standing Rock’s allegations are the jurisdiction of other federal agencies, like the Pipeline Hazardous Materials Safety Administration.
The more than 1,000-mile pipeline passes through North Dakota, South Dakota, Iowa and Illinois. Its pathway includes unceded land recognized as belonging to the Sioux Nation under an 1851 treaty with the U.S. government.
Pipeline company Dakota Access LLC, North Dakota and 13 other Republican-led states joined the lawsuit on the side of the Army Corps of Engineers.
Dakota Access in court documents emphasized its business interest in keeping the pipeline operational.
The states have argued shutting down DAPL would harm the regional economy, violate state rights and make road and rail transit less safe.
The pipeline has provided tens of millions of dollars in tax revenue to North Dakota, South Dakota, Iowa and Illinois, the states said in documents filed in the lawsuit.
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North Dakota
North Dakota’s delicate electricity price balance faces challenges
BISMARCK — As an energy exporter blessed with abundant supply, North Dakota consistently ranks among the cheapest states in the country when it comes to residential, commercial and industrial electricity rates.
Exploding costs of transmission, the build out and replacement of transmission infrastructure and the increase in energy load have helped push residential electricity prices modestly higher in recent years, however.
Average residential per kilowatt-hour of power increased by nearly 30% in the state between 2020 and 2024.
A recent study by Lawrence Berkeley National Laboratory showed North Dakota actually had the largest decrease in average retail industrial and commercial electricity prices in the country over that span, with flat or slightly lower rates for residential users, when adjusted for inflation.
Most of the real cost rise is due to the increased expense of transmission as well as materials, build outs, generation and transportation needed to keep up with energy demand and to replace aging systems.
Take transformers for example: they cost 70-100% more now than five years ago, according to International Energy Agency data. Aluminum and copper wiring is up to 50% more costly. Labor costs have also increased by around 20-40%.
“Four or five years ago, it was $400,000 a mile to build a transmission line. Now it’s $2 million a mile,” said Josh Kramer, executive vice president and general manager at North Dakota Association of Rural Electric Cooperatives. “Generation used to cost about $800 a kilowatt. Now it’s $2,700 a kilowatt.”
The cost of nearly every input into the energy transmission and maintenance system rose, on average, as much as 50%, he said.
State Sen. Dale Patten, R-Watford City, said replacement and upgrade costs of infrastructure are also one key component, particularly to improve resilience against severe weather events in rural areas.
“A lot of the existing infrastructure is old, 50-, 60-, 70-years-old in some cases, and the cost of replacing it is not cheap,” said Patten, who chairs the Legislature’s Energy and Natural Resources Committee.
Contributed / North Dakota Association of Rural Electric Cooperatives
Population growth and shifts in that growth toward the main cities in the state are also a driver, he said.
“You have to build the infrastructure to support that population growth and that corresponding economic growth,” Patten said.
Another major driver is transmission costs.
“As we look at the regulated utilities when they come in for rate cases, it seems like one of the areas where their costs are exploding the most is transmission,” said Public Service Commission commissioner Randy Christmann. “Transmission costs are exploding.”
Christmann said some of the blame goes to build out of remote renewables projects in the wider region, as well as the closure of coal fired power plants around the county leading to increased load on North Dakota power providers as regional transmission organizations spread costs around.
In 2024, North Dakota exported around 32% of generated electricity and exported 85% of natural gas extracted, according to the Department of Commerce.
Adding large loads onto the grid across the country at the same time as all of these other cost increases has spiked energy prices in most other locations.
So far, North Dakota has dodged that for the most part, even as its lower electricity rates are attractive to industrial operations looking to add large loads in the system.
Large loads can include everything from operations like data centers, to oil refineries, to agricultural processing facilities and even the capital complex in Bismarck. Currently, there are 23 larger data centers in North Dakota.
When it comes to data centers, North Dakota has managed to add those large loads without jacking up electricity prices for consumers.
There are concerns about whether that can continue to be the case.
“I have seen them have very adverse impacts and very positive impacts,” said Christmann. “It depends on the details of the specific data center.”
Managing that going forward will be a challenge for the commission and legislators.
State Rep. Anna Novak, R-Hazen, is currently leading the Legislature’s interim Energy Development and Transmission Committee to study large loads such as data centers and try to find a way to balance attracting those projects without overburdening other electricity consumers.
“We need to strike a balance of making sure that we’re open for business, but that we have a strong vetting process,” Novak said. “I think that the vetting process is getting better.”
Besides cheaper electricity prices and available power, the policy and regulatory climate in the state is also attractive for tech companies looking to site a data center.
Chris Flynn / The Forum
Data centers are also attracted to North Dakota’s readily available water supply and cooler temperatures, which cut operating costs.
Novak said cost savings for data centers choosing to locate here can amount to the billions.
“We are certainly a desirable place to put a data center,” Novak said.
The most well-known data center in the state, Applied Digital’s facilities near Ellendale, has become a case study for how to add a large load while keeping the local impact minimal and also providing benefits across the state.
By tapping into stranded power that was not being adequately used and making the capital investments on that instead of passing it to the utilities, the project has been able to actually decrease electricity rates for Montana-Dakota Utilities consumers across the state.
“We had involvement in that, in making sure that this big additional load was not only going to just not be detrimental to customers, but actually be very beneficial.” Christmann. “Every single MDU customer in North Dakota is benefiting because of that facility on their electric rate.”
Contributed / North Dakota Association of Rural Electric Cooperatives
Darcy Neigum, vice president of electric supply for Montana-Dakota Utilities, said that customers saved around $70 last year because of the facility, and once it is fully built out, savings could come out to around $250 per year per customer.
“We’re very aware of the rates we’re charging to our customers and the rate impacts,” Neigum said. “The approach that we took (with the Ellendale facility) was to try to find some way to create value instead of just putting costs on customers.”
Insulating consumers from costs
Investor-owned utilities like MDU as well as electric cooperatives like Basin Electric Power and Minnkota are all trying to figure out how to manage large loads going forward.
Basin Electric adopted a large load program in June as a way to minimize rate impacts for cooperative members and reduce the risk of stranded assets that come with single projects looking for 50, 100 or more megawatts of power in the future. Minnkota Power Cooperative has also adopted a similar policy.
“So, when we have those inquiries coming in, whether it’s a large tech company or a large industrial load, we’re saying we want to serve you, but to do that you’re going to have to bear the costs associated with it,” Kramer said. “That goes for if they need to add more infrastructure or generation or engineering studies.”
MDU’s Neigum said the company doesn’t have a formal policy yet, but the uptick in interest in adding large loads may necessitate one.
“We do have a process we go through, and we’re kind of formalizing some of that, because there are just so many requests,” Neigum said.
One delicate aspect in all of this is putting into place policies that protect consumers or co-op members from additional costs without scaring quality projects away from the state.
Kramer said that’s not necessarily a bad thing.
“It’s probably helped separate the wheat from the chaff a bit,” Kramer said.
The North Dakota News Cooperative is a non-profit news organization providing reliable and independent reporting on issues and events that impact the lives of North Dakotans. The organization increases the public’s access to quality journalism and advances news literacy across the state. For more information about NDNC or to make a charitable contribution, please visit newscoopnd.org.
This story was originally published on NewsCoopND.org.
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North Dakota
As ACA tax credits expire, a North Dakota rural hospital braces for 2026
BISMARCK, N.D. (KFYR) – With federal health care tax credits set to expire, rural hospitals in the state warn the ripple effect could strain their budgets while they are already operating on thin margins.
The Emergency Department at Jamestown Regional Medical Center is gearing up for more patients to come into their doors, uninsured, starting Jan. 1.
“We could be affected as early as January of the coming year. So it would happen very, very quickly. And nobody really knows what’s going to happen,” said Mike Delfs, the CEO of Jamestown Regional Medical Center.
Many rural residents are on the Affordable Care Act marketplace. Since premiums are predicted to spike significantly, some people will drop insurance, and they will be forced to go to the ER when they get sick. Hospitals cannot refuse emergency patients, and will have to shoulder the cost on thin margins.
“We would be looking at anticipated bad debt, but to what degree we don’t even know, and it is kind of scary to think about,” said Delfs.
Hospital leadership and staff say that the uncertainty is wearing on them, on top of the common stressors rural providers have to deal with.
As of now, they say their best bet is to hope that Congress can put aside partisan differences and come up with a solution.
“We have real people who are either going to lose their insurance or its going to get so expensive they literally can’t afford it. And the downstream effect of that is now you are endangering hospitals in rural locations just by their mere viability,” said Delfs.
According to hospital leadership, without congressional action in 2026, the end of the year could leave the hospital with nearly one million dollars in unpaid medical bills.
North Dakota’s Republican congressional delegation says the Rural Health Transformation Fund will greatly benefit rural hospitals and blames democrats for voting against their healthcare plan.
Copyright 2025 KFYR. All rights reserved.
North Dakota
Pepperdine hosts North Dakota State following Koenen’s 22-point game
North Dakota State Bison (8-2) at Pepperdine Waves (7-2)
Malibu, California; Tuesday, 5 p.m. EST
BOTTOM LINE: North Dakota State visits Pepperdine after Avery Koenen scored 22 points in North Dakota State’s 83-55 victory against the Eastern Illinois Panthers.
The Waves are 4-0 on their home court. Pepperdine is 1-0 when it turns the ball over less than its opponents and averages 18.2 turnovers per game.
The Bison are 3-0 on the road. North Dakota State scores 77.4 points and has outscored opponents by 15.3 points per game.
Pepperdine averages 8.1 made 3-pointers per game, 2.8 more made shots than the 5.3 per game North Dakota State gives up. North Dakota State averages 6.2 made 3-pointers per game this season, 1.1 fewer made shots on average than the 7.3 per game Pepperdine allows.
TOP PERFORMERS: Seleh Harmon averages 2.7 made 3-pointers per game for the Waves, scoring 10.4 points while shooting 44.4% from beyond the arc. Elli Guiney is shooting 47.3% and averaging 14.4 points.
Molly Lenz averages 1.7 made 3-pointers per game for the Bison, scoring 7.8 points while shooting 39.5% from beyond the arc. Koenen is averaging 18.2 points, 10 rebounds and 1.6 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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