North Dakota
Burgum: Lawmakers should budget for court battles over federal regulations
BISMARCK — Gov. Doug Burgum told a group of lawmakers Wednesday to spare no expense in fighting federal regulations that affect North Dakota’s energy industry.
President Joe Biden’s administration has tightened environmental policies in a number of areas — including an Environmental Protection Agency rule on mercury emissions that North Dakota officials say targets the state’s lignite industry.
The EPA says the rule change is necessary to mitigate serious health risks caused by air pollutants. Analysis by the EPA found the rule will have “relatively minor impacts” on the energy industry, according to a fact sheet on the federal agency’s website.
Yet in testimony before the Energy Development and Transmission Committee, Burgum called the rules and other federal regulations cumbersome, illogical and an “existential threat” to North Dakota’s energy and agriculture industries.
The governor said he fears this trend will only continue if Biden is reelected — and that the Legislature should be ready to finance a spate of new lawsuits against the federal government in hopes the courts will roll the regulations back.
“As bad as it is right now, I don’t want anybody to think it couldn’t get worse,” Burgum told the committee.
The energy industry is a major driver for state revenue, which is why the stakes are so high for North Dakota, Burgum said. Fending off the rules will mean giving the Attorney General’s Office more money to hire special assistant AGs, he continued.
“I don’t want the attorney general to be going, ‘Well, I’m not sure I’ve got it in my budget,’” Burgum said. “Man, that would be penny-wise, pound-foolish when the billions of dollars of revenue that all of you appropriated is at risk.”
The governor’s office is preparing two state budgets to propose to lawmakers ahead of next year’s legislative session: one for if former President Donald Trump wins the election, and a Biden budget that sets aside more money for legal fees.
Burgum said the Legislature set aside at least $15 million in the 2023-25 state budget for lawsuits challenging federal regulations. Of that, $6 million went to the Industrial Commission — $3 million for lignite lawsuits, and the other $3 million for oil and gas litigation, he said. Another $4 million went to the Attorney General’s Office, and $5 million was appropriated for agriculture.
Burgum was far from the only state official at the meeting with strong words for the federal government.
David Glatt, director of the Department of Environmental Quality Director, called regulatory action under Biden an “unprecedented trainwreck” for North Dakota.
Lynn Helms, director of the Department of Mineral Resources, also encouraged the state to seek relief in court.
“It will be an incredible challenge to undo the rules and regulations that have been promulgated,” Helms said.
Sen. Merrill Piepkorn, D-Fargo — who last week announced he was joining the race to succeed Burgum as governor — took a more reserved stance.
“I have to be better educated on the subject as to where we are right now, and what the anticipated work would be,” he said. “I don’t know if I would be preparing a huge budget to hire additional attorneys right off the bat.”
This story was originally published on NorthDakotaMonitor.com
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North Dakota
The North Dakota Attorney General issued an opinion to the ND State Auditor – North Dakota Attorney General
04 Mar The North Dakota Attorney General issued an opinion to the ND State Auditor
in Opinions
March 4, 2026
Media Contact: Suzie Weigel, 701.328.2210
BISMARCK, ND – It is the opinion that federal law does not prevent the state from auditing P&A and even though P&A possesses confidential records, N.D.C.C. § 54-10-22.1 and 42 C.F.R. § 51.45(c) authorize the state auditor and the employees of the auditor’s office, to review the records without detriment to P &A.
Also, whether Rule 1.6 of the North Dakota Rules of Professional Conduct for licensed attorneys prohibits P&A from disclosing to the State Auditor the contents of a client file for the purpose of conducting a non-financial performance audit under N.D.C.C. ch. 54-10 when the requested file includes information about individuals and businesses in the private sector who chose to contact P &A.
This issue was already addressed in a 1995 opinion of this office regarding P&A. The 1995 opinion highlighted that P&A has authority to contract with private attorneys to represent private individuals. 17 During that performance audit, auditors asked to see billings from the contracted attorneys. 18 P&A redacted the names of the individuals represented by the contract attorneys under the rules for attorney-client privilege or attorney-client confidentiality. 19 The names of individuals seeking services of P&A are protected under N.D.C.C. § 25-01.3. The opinion stated:
Thus, P&A’s records which indicate to whom its services were provided are available to the State Auditor for performance audit purposes. The State Auditor has
been given access by P&A to its records other than the attorney’s billings. Therefore, the State Auditor already has access to the names of the persons to whom P&A
provides services. State law requires that the State Auditor and his employees must keep such information confidential.
Here, P&A has not identified a specific record. Given that, I rely on the past opinions declaring that records made confidential by N.D.C.C. § 25-01.3-10 are available under N.D.C.C. § 54-10-22 to the State Auditor and the Auditor’s employees for audit purposes.
Link to opinion 2026-L-01
###
North Dakota
Angler may have broken North Dakota’s perch record on Devils Lake
FARGO, N.D. (Valley News Live) – A Wisconsin angler may have reeled in a new North Dakota state record yellow perch on Devils Lake.
Alan Hintz of Stevens Point, Wis., caught the fish while fishing with Perch Patrol Guide Service’s Tyler Elshaug. North Dakota Game Warden Jon Peterson weighed the perch at 2.99 pounds and measured it at 16.5 inches at Woodland Resort.
The current state record perch of 2 pounds, 15 ounces was caught by Kyle Smith of Carrington, N.D., also on Devils Lake, on March 28, 1982.
The catch is still considered unofficial. The North Dakota Game and Fish Department requires a four-week waiting period to verify all details before officially recognizing a new state record.
Steve Dahl with Perch Patrol Guide Service confirmed the details to Valley News Live. Dahl said overall perch numbers on Devils Lake are down this year, but anglers are seeing more fish weighing over 2 pounds.
Devils Lake is one of North Dakota’s most popular ice fishing destinations, known for producing trophy-sized perch.
Copyright 2026 KVLY. All rights reserved.
North Dakota
The Democratic Spirit: Reflections on North Dakota History and the Declaration of Independence at 250 – America250
A state and national public forum comprising a lecture, and then a question-answer session. Kwame Anthony Appiah’s lecture commemorates the 250th anniversary of the Declaration of Independence and explore its enduring significance in American life. Appiah’s scholarship on ethics, identity, and cosmopolitanism offers a unique lens for examining democratic ideals in a diverse society. By connecting these themes to North Dakota’s historical narrative, the forum fosters civic engagement, intellectual discourse, and cultural understanding within our community.
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