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Corps of Engineers says Standing Rock can’t sue over pipeline inaction • North Dakota Monitor

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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.

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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.

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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.

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“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.

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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.

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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.

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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 leaders unveil enhanced oil recovery plan for Bakken

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North Dakota leaders unveil enhanced oil recovery plan for Bakken


BISMARCK, N.D. (KFYR) – North Dakota leaders unveiled an initiative aimed at getting more oil out of the Bakken, using enhanced oil recovery and CO₂.

Senator John Hoeven said the effort is getting a boost from $36 million from the Department of Energy for “Crack the Code 2.0,” a $157 million initiative with state and industry funding.

Hoeven said the goal is to use CO₂ for enhanced oil recovery, calling it “an important, usable, valuable commodity” and saying, “We’re linking our coal plants with our oil and gas producing companies to do it.”

Funding will be used to develop technology to make enhanced oil recovery profitable and viable, and then implement it in North Dakota oil fields in a number of pilot projects.

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Hoeven said current recovery rates in the Bakken are limited.

“We’re only producing about 10 to 12% of the oil out of that shale,” he said, “But with EOR, advanced oil recovery techniques, we can double it. We can take it from 10 to 12% up to 25% or better.”

Hoeven said the effort is also tied to electricity demand, saying North Dakota will “produce more electricity for a company that wants to do AI, that wants to do data centers, needs more and more electricity,” and that “it isn’t just about oil and gas.”

North Dakota Petroleum Council President Ron Ness said the pilot projects are expected to start soon.

“We hope to see these pilots putting their technologies into the ground sometime late this year, first quarter of next year,” said Ness.

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“So I would expect by this time next year, we’re going to maybe potentially begin to see what are some of the results early on,” Ness added. “And again, this is going to take multiple, multiple swings at this thing. It’s not going to just happen. If it was easy, we’d be doing it. Nobody’s done it anywhere in the world. This is where we’re going to crack the code.”

Copyright 2026 KFYR. All rights reserved.



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North Memorial and South Dakota-based Sanford Health merging

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North Memorial and South Dakota-based Sanford Health merging


Three years after a deal with Fairview was called off, South Dakota-based Sanford Health is getting into the Twin Cities market with a new merger.

On Friday, the health system announced that it will combine with North Memorial Health.

Fairview, Sanford call off planned merger

Under the merger, Sanford says the organization will invest $600 million to strengthen the Robbinsdale hospital and double the Maple Grove hospital’s size.

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Sanford is the largest rural nonprofit health system in the country, with 58 hospitals and roughly 56,000 employees across the Dakotas, Iowa, Wisconsin, Wyoming and the Upper Peninsula of Michigan. North Memorial operates two hospitals in Robbinsdale and Maple Grove, along with several other clinics, employing more than 6,500 people.

If completed, the health systems plan to keep some local leadership in place, including North Memorial CEO Trevor Sawallish, and two North Memorial board members will serve on the combined system’s board. However, the overall company will be led by Sanford CEO Bill Gassen.

The companies say they expect the merger to close later this year, as long as regulatory processes don’t cause delays.

Sanford’s previous attempt to merge with Fairview was called off in 2023, eight months after initially announcing the planned merger. Many Minnesotans raised concerns about that transaction, including Minnesota Attorney General Keith Ellison, although some of that was due to the University of Minnesota’s partnership with Fairview and the possibility of an out-of-state company running the state’s flagship medical school.

As with most mergers, concerns are still likely to arise about possible cutbacks and the impact on the state’s healthcare quality. However, the deal seems more likely to be completed than Sanford’s past attempts.

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SEIU Healthcare Minnesota & Iowa, who represents over 1,000 workers at North Memorial, called the news “worrisome.”

“At a time when healthcare costs are skyrocketing for Minnesota families and frontline healthcare workers are getting squeezed by short staffing levels, this latest attempt at consolidation brings many concerns. It is especially concerning because previous merger attempts by Sanford Health to come into Minnesota have failed due to their values and corporate behavior,” the union said.

SEIU also called on Ellison “to use all of his office’s powers within the law to provide oversight into this proposed merger and ensure the interests of Minnesota’s workers and patients are protected.”

Ellison’s office is asking the public to submit information through an online Community Input Form.

“As we have done and are currently doing with other healthcare transactions, we are conducting a thorough review of this potential acquisition to ensure it complies with the law and is in the public interest,” Ellison daid. “Proposed health care consolidation requires careful examination. As long as I am Attorney General, I will use the full range of regulatory tools to protect Minnesotans’ access to quality, affordable healthcare.”

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The Minnesota Nurses Association released a statement saying it is “deeply concerned” by the merger announcement, warning it “could have far-reaching consequences for patients, healthcare workers, and the communities they serve.”

This is a breaking news story. Follow 5 EYEWITNESS NEWS on social media and on the KSTP app below for more updates.

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North Dakota scores third-highest average IQ nationally

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North Dakota scores third-highest average IQ nationally


BISMARCK, N.D. (KFYR) – Here’s something North Dakotans can take pride in: North Dakota has the third-highest average IQ in the nation, tying with Vermont at 103.8. That is 3.5 points above the national average.

The state with the highest average is Massachusetts at 104.3 and the state with the lowest average is Mississippi at 94.2.

Ninety-four percent of North Dakotans graduate high school, making it the state with the sixth-highest graduation rate in the nation.

Copyright 2026 KFYR. All rights reserved.

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