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Burgum: Lawmakers should budget for court battles over federal regulations

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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.

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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.

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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.

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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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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

Pepperdine hosts North Dakota State following Koenen’s 22-point game

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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.

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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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North Dakota lawmakers from West Fargo announce bid for reelection

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North Dakota lawmakers from West Fargo announce bid for reelection


WEST FARGO — Three incumbents from West Fargo will run for reelection to their state legislative seats.

North Dakota Sen. Judy Lee and Reps. Jim Jonas and Austen Schauer, all Republicans, announced Sunday, Dec. 14, that they would campaign to represent District 13 in the state Legislature. The district covers much of north West Fargo.

Austin Schauer.

Special to The Forum

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Lee was first elected to the North Dakota Senate in 1994. Jonas and Schauer have served in the state House since 2023 and 2019, respectively.

The three ran unopposed in the 2022 election. The next election for their seats is in 2026.

Jim Jonas, candidate for West Fargo School Board. Michael Vosburg / Forum Photo Editor
Jim Jonas.

Forum file photo

Our newsroom occasionally reports stories under a byline of “staff.” Often, the “staff” byline is used when rewriting basic news briefs that originate from official sources, such as a city press release about a road closure, and which require little or no reporting. At times, this byline is used when a news story includes numerous authors or when the story is formed by aggregating previously reported news from various sources. If outside sources are used, it is noted within the story.

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Bids awarded for construction of Highway 85

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Bids awarded for construction of Highway 85


WATFORD CITY, N.D. (KUMV) – The North Dakota Department of Transportation awarded more than 150 million dollars in bids to continue expanding highway 85 south of Watford City.

More than $83.8 million will go to Park Construction out of Minneapolis for one segment. It covers about five and a half miles south of the Long X Bridge, going through another section of the badlands. It’s expected to be a three-year project due to the rough terrain.

The next segment covers 12 and a half miles south from the badlands to the highway 200 intersection. The winning bid went to Strata out of Grand Forks for $61.7 million. It will be a two-year project.

Funding for these projects were provided by both the state and federal government.

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