North Dakota
Judge Orders Corps of Engineers to Pay North Dakota $28M for Pipeline Protest Costs
A federal judge has ruled that the U.S. Army Corps of Engineers must pay $28 million to the state of North Dakota to cover damages caused by protesters who gathered by the thousands in 2016 and 2017 to object to the since-completed Dakota Access Pipeline (DAPL) project. The pipeline currently carries more than a half a million gallons of crude oil a day across four states.
U.S. District Court Judge Daniel Traynor on April 23 found that the Corps “abandoned the rule of law” when it didn’t enforce its own procedures by either forcing them to leave or requiring protesters to get a special use permit to use federally owned land for their encampment. Traynor determined that the Corps is at fault for negligence, public nuisance and civil trespass.
In his ruling, Traynor said the Corps intentionally avoided its duty to require a mandated special use permit and falsely announced that a permit had been granted, which prevented law enforcement from removing the protestors.
“Essentially, the Corps invited and encouraged the DAPL protestors and their violent and tumultuous behavior on and off Corps-managed land, and North Dakota had to clean up the mess,” Traynor wrote.
“For months, North Dakota dealt with protest activity that originated from Corps-managed land, spread to other areas of North Dakota, and endangered the health and safety of North Dakota, its citizens, its property and its law enforcement officers who kept the peace at the protests,” he added.
Protestors camped near the state’s Standing Rock Reservation to try to stop the pipeline’s construction. The project was not located on the lands of the Standing Rock Sioux Tribe but ran underneath Lake Oahe, the reservations source for drinking water, which was seen as polluting and desecrating Native American land.
Traynor called the damage to state and private property caused by the protest “unfathomable … human excrement pits, shoddily constructed structures used for housing, makeshift roadways, burnt public vehicles and violent clashes with law enforcement were common throughout the events of this case.”
North Dakota Gov. Kelly Armstrong (R) applauded the ruling as a “major win for North Dakota and the rule of law.”
In its complaint against the Corps, filed in 2019, the state sought $38-million to cover damages caused by the encampment that it estimates reached between 5,500 and 8,000 people at its peak.
Sen. John Hoeven (R-N.D.) said in a news release that the federal government reimbursed the state $10 million in 2017 to pay for some of the damages caused by the protest. In addition, Dallas-based oil and gas company and pipeline developer and operator Energy Transfer provided $15 million that same year to the state to cover protest-related costs.
In a separate case in March, a North Dakota jury decided that the environmental nonprofit Greenpeace must pay $660 million in damages to Energy Transfer as Greenpeace took part in a publicity campaign that delayed the pipeline and increased the cost by $300 million. Greenpeace plans to appeal the verdict.
A Corps spokesperson declined to comment on the judgment against it, saying that the Corps does not comment on litigation. The U.S. Dept. of Justice, which represented the Corps in the case, did not immediately respond to a request for comment on whether it will appeal the decision.
North Dakota
Found guilty of manslaughter: Dickinson man to spend only about four and a half more years in prison
DICKINSON — A 70-year-old Dickinson man
charged with murder in 2024
was sentenced on Tuesday to 15 years in prison after the charges against him were dropped to manslaughter. According to court documents, he will only be in custody for about four and a half more years.
Nine years were suspended from Jeffrey Powell’s sentence along with 532 days or about one and a half years for time already served.
Barring future developments, Powell will be incarcerated at the North Dakota Department of Corrections and Rehabilitation for
the death of 59-year-old Christopher Volney Ische
for about four and a half more years.
That’s just months more than the four-year minimum sentence, according to the Stark County State’s Attorney Amanda Engelstad.
The initial incident happened on July 3, 2024. Police said the shooting, which resulted in Ische’s death, happened around 7 p.m. in a residential neighborhood in Dickinson after a verbal altercation. Police also said Powell had stayed on the scene of the shooting and talked with officers.
At the time of Powell’s arrest, police said they presumed Ische’s death was an isolated incident. He has been held at Southwest Multi-County Correctional Center (SWMCCC) since the incident with a $2 million bond.
Powell
was initially charged with a Class AA felony
, which could carry a maximum sentence of life in prison. On Tuesday, Dec. 16, Powell was found guilty of manslaughter of an adult victim, which is a Class B felony.
Powell pleaded guilty to the manslaughter charge.
Engelstad said to The Press that the difference in charges was based on evidence presented in the trial and was an “appropriate resolution.”
Different sentencing rules applied to Powell, however, because of how North Dakota law interprets the use of a firearm in cases like this.
During the trial, the court found that Powell was a dangerous special offender pursuant to NDCC 12.1-32-09. This portion of North Dakota law allows the court to sentence above normal charges. In Powell’s case, a class B felony typically carries a maximum sentence of 10 years. With the dangerous special offender finding, the sentence can be a maximum of 20 years.
Engelstad said the State had argued for a sentence of 20 years.
“I’m disappointed in the outcome,” said Engelstad.
Additional terms of Powell’s sentence include five years’ supervised probation, along with no contact with the family of the deceased for the same length of time.
If Powell does not violate these terms, his probation will end in 2035. He is scheduled to be released from custody June 23, 2030.
A total of $775 in fees for Powell’s case, including criminal administration, facility admin and victim witness fees, were waived. He may be required to pay restitution. The State’s Attorney’s office has 60 days from the date of judgment to file an affidavit of restitution.
North Dakota
Blizzard warning issued in Dakotas
The view through a North Dakota Highway Patrol squad’s windshield. (Facebook)
(FOX 9) – Blizzard warnings are in for parts of both North and South Dakota, creating hazardous conditions for drivers on Thursday morning.
Blizzard warning in effect
What we know:
In North Dakota, the blizzard warning covers most of the northern two-thirds of the state, stretching into northwest Minnesota.
In South Dakota, the blizzard warning only covers three counties in the far northeast part of the state, including Day, Marshall, and Robert counties.
The National Weather Service is only forecasting between one and four inches of snow in North Dakota and two inches of snow in South Dakota, but whipping winds up to 70 miles per hour will greatly reduce visibility and cause damage to trees and power lines.
READ MORE: White-out conditions reported in NW Minnesota
What they’re seeing:
North Dakota Highway Patrol shared photos showing the blizzard conditions along Interstate 94 just east of Bismark. In the photos, it appears you can only see a few feet past the front bumper of the squad.
Another post shows snow whipping in the high winds in Grand Forks County. Troopers are urging residents to stay home in North Dakota if they are able.
Travel restrictions in place
Big picture view:
A travel alert is in effect for western parts of North Dakota while no travel is advised for central and eastern parts of the state. Troopers have restricted oversized loads from roads in the northwest and northeast regions of the state as of 5:30 a.m. and empty or light-loaded high-profile vehicles due to the high winds and icy conditions.
In South Dakota, officials warn that there are reports of multiple downed powerlines and trees blocking roadways. No travel is advised in Day and Marshall counties.
The Source: This story uses information from the North Dakota Highway Patrol and the National Weather Service.
North Dakota
Florida fraud suspect arrested in North Dakota
FARGO, N.D. (Valley News Live) – A 24-year-old suspect wanted on fraud charges in Florida was arrested in Bismarck following a multi-state investigation into alleged economic crimes targeting St. Lucie County, Florida residents in 2024.
Kylen Running Hawk was arrested on Tuesday, Dec. 16, by Bismarck authorities working with the St. Lucie County Sheriff’s Office. Running Hawk is being held at the Burleigh County Jail pending extradition to Florida.
Running Hawk faces three charges under Florida law:
- Fraud/swindle: Defrauding to obtain property valued at less than $20,000
- Fraud/impersonation: Use or possession of another person’s identification without consent
- Grand theft: Property valued at $750 or more but less than $5,000
Detective Cpl. Redler coordinated the cross-state apprehension, according to the St. Lucie County Sheriff’s Office.
The investigation remains ongoing.
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