North Dakota
Court case in North Dakota calls federal environmental review regime into question • North Dakota Monitor
A lawsuit before a North Dakota federal district court could upend nearly five decades of environmental regulations affecting infrastructure projects.
The Council on Environmental Quality was created through an executive order by President Richard Nixon in 1969. It implements the National Environmental Policy Act, which directs federal agencies to assess how projects under their jurisdiction will impact environmental factors like air and water quality.
A coalition of 21 Republican-led states, including North Dakota, seeks to overturn a new regulation adopted by the council that took effect in July. The states argue that the rule introduces unreasonable requirements that will slow or even sink important infrastructure including new highways, airports, bridges and water systems, and unlawfully over-emphasizes climate change and environmental justice in the environmental review process.
In a lawsuit filed in May, the states asked the court to strike down the rule, direct the council to adopt regulations consistent with federal law and reinstate a weaker version the agency enacted during President Donald Trump’s administration in 2020.
A group of 13 other states, plus the District of Columbia, New York City and a handful of advocacy groups, have joined the case on the side of the Council on Environmental Quality. The defendants argue the agency’s work is vital to protect the environment and public health, and that the 2024 rule should be left in place.
It’s possible that neither side will get what it wants. In a hearing earlier this month, U.S. District Court Judge Daniel Traynor said the Council on Environmental Quality’s entire regulatory regime may be unlawful.
The U.S. Court of Appeals for the D.C. Circuit found in a November order that the agency does not have rulemaking authority because Congress never explicitly granted it the power to implement the National Environmental Review Act. The appellate court did not strike down any of the council’s regulations, leaving it up to other courts to decide whether the rules should stand.
Traynor questioned how he could leave the regulations intact given the D.C. court’s findings. He said if he were to apply the court’s reasoning to the North Dakota case, he may conclude that all National Environmental Policy Act regulations passed by the council are void. The council issued its first rule implementing the act in 1978.
“If they have no authority, they have no authority,” Traynor said of the council. “It is a paper tiger.”
An attorney representing the Council on Environmental Quality, Gregory Cumming, rebuffed during the hearing the notion that the agency is operating without approval from Congress. The council keeps Congress apprised of its work with annual reports, he noted. If the assembly did not want the agency to pass rules, it could have passed legislation clarifying that stance, Cumming said.
Jan Hasselman — an attorney representing several advocacy groups that joined the case as defendants — said there’s a reason the council’s rulemaking authority has gone unquestioned for almost five decades.
“Nobody benefits when there’s no rules,” he told the judge. “It’s just sort of a mutually assured destruction.”
Traynor voiced skepticism that such a decision would create disarray. Even if the council’s rules disappear, other local and federal regulations would still be intact, he reasoned.
“It’s not like it becomes the wild west,” he said.
Traynor asked the plaintiffs and defense to prepare legal briefs explaining how they would be impacted if he adopts the D.C. court’s reasoning.
The discussion came as part of a hearing on motions for summary judgment by the plaintiffs and defense. Both sides asked Traynor to decide the case in their favor without going to trial.
James Auslander, an attorney representing the plaintiff states, said the council is unlawfully and arbitrarily infringing on state sovereignty and the new rule will cause them significant economic harm.
“These are critical projects for plaintiff states and our citizens,” Auslander said.
Cumming argued the plaintiff states have not demonstrated that the new rule has actually harmed them, and that many of the components of the rule challenged as cumbersome are guidelines, not requirements.
Traynor took the motions under advisement and has yet to issue a ruling.
The 21 plaintiffs states are Iowa, North Dakota, South Dakota, Kentucky, Utah, Idaho, Wyoming, South Carolina, Kansas, Virginia, West Virginia, Tennessee, Arkansas, Florida, Georgia, Louisiana, Missouri, Montana, Nebraska, Texas and Alaska.
The 13 states that joined the defense as intervenors are California, Oregon, Washington, Massachusetts, Colorado, Michigan, Illinois, Maine, Maryland, New Jersey, New Mexico, New York and Wisconsin.
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North Dakota
Schulz to transition from ND Parks and Recreation to ND Department of Corrections and Rehabilitation
Gov. Kelly Armstrong today announced that North Dakota Parks and Recreation Department Director Cody Schulz is leaving the agency next month to assume the role of chief financial officer in the North Dakota Department of Corrections and Rehabilitation, effective Aug. 17.
Schulz has led Parks and Recreation since being appointed director by then-Gov. Doug Burgum in October 2021. Armstrong reappointed Schulz to the position upon taking office in December 2024. Schulz previously served 13 years in the state Department of Emergency Services (DES), including as business manager and finance officer for seven years and as the state’s director of Homeland Security from 2018 to 2021. Prior to joining DES, he spent nearly 13 years in the private sector as a business owner, account specialist and government and public affairs analyst.
“Parks and Recreation has thrived under Cody’s leadership, opening a new state park at Pembina Gorge, expanding and improving existing parks, making major investments in infrastructure and enhancing visitor experiences,” Armstrong said. “While we will miss his leadership of the agency, we’re excited that he has decided to continue serving the citizens of North Dakota at DOCR, where his experience in finance and accounting will serve the department well.”
“This was an incredibly difficult decision, one driven primarily by the desire to travel less and spend more time with family, especially my aging parents. At the same time, my new role at DOCR allows me to work in finance and public safety – two passions that have shaped much of my career,” Schulz said. “I am filled with gratitude for the team at Parks and Recreation, and I leave with complete confidence in this organization. This is an exceptionally talented team filled with capable, dedicated people who care deeply about one another, our mission, and the citizens we serve.”
A native of New Salem, N.D., Schulz earned an associate’s degree from Bismarck State College, a bachelor’s degree in business administration from Dickinson State University and an MBA from the University of North Dakota. He also served on the Morton County Commission from 2012 to 2020, including as chairman in 2016, 2017 and 2020, and as a member of the Morton County Park Board for eight years.
North Dakota
The Women’s College Fan Guide To 2026 Junior Nationals – FloWrestling
Justin Fairbanks went to work! He created this incredible breakdown of Fargo participants and their college commitments. Email kyle.klingman@flosports.tv with updates.
Here’s the full Fargo schedule so you don’t miss any of the girls’ action.
2026 U.S. Marine Corps Junior Nationals
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North Dakota
San Francisco plots risky socialist bank modeled after controversial experiment
San Francisco voters will decide whether the city should have a public bank after city supervisors this week approved such a proposal to appear on the November ballot.
The city would be the first in the nation to have a municipal government-owned bank. Only the state of North Dakota runs a major public bank in the nation.
But the city’s proposal gives no answer as to where the estimated $325 million in start-up costs will come from as the city faces a $643 million budget deficit.
“In a moment like this, asking voters to commit San Francisco to potentially running a financial institution is asking for trust the city has not yet earned,” said Supervisor Alan Wong, one of the two votes against placing the measure on the ballot.
“Our city’s track record shows that meeting those demands is harder than it sounds, even for institutions designed with the right intentions,” he added.
Socialist Supervisor Jackie Fielder, who just returned from a months-long mental health leave, indicated that future legislation would figure out a revenue steam. Supporters of a bank wanted to get ahead of a 2028 expiration date for a state law that gives cities the power to create their own public banks.
“It feels like an incredible tool to add to the city’s tool kit,” Misha Steier, a spokesperson for the San Francisco Public Bank Coalition, told the San Francisco Chronicle. The coalition was founded by Fielder.
“This is the culmination of years and years of movement effort,” Steier said.
A city bank, supporters say, would unlock financing for thousands of housing units that lack funding to address the housing crisis. It could finance climate goals or lend to small businesses in the area.
“This ensures we have an institution run by real bankers that is accountable, nevertheless, to public priorities and public policy priorities,” Fielder said.
“We can build a public bank that prioritizes reinvesting back into what we all need to sustain our local communities,” added Supervisor Chyanne Chen, who brought forth the measure. “Let us use every tool at our disposal to keep the city affordable and to drive an economic recovery that leaves no one behind.”
The bank would be run by qualified bankers appointed by an oversight committee whose members would be selected by local officials. While it does not establish a revenue stream, the ballot measure would at least enshrine the bank’s rules, structure and mission in the city’s charter — including a provision that it would never lend to fossil fuel corporations or weapons manufacturers.
How startup costs will be funded seems to be difficult to answer. Fielder in February attempted another ballot measure that would impose a higher tax on lending companies to help fund such a bank, though that effort was paused to focus on this new ballot proposal.
Any new taxes may be difficult in the current political environment; this past June, voters in the progressive city even voted down a tax hike on highly paid CEOs.
North Dakota’s bank sees deposits mostly from the state’s collections of taxes and fees and corporate accounts. A very small portion comes from residents as “it is the Bank’s policy not to compete with the private sector for retail deposits,” it said on its website.
The bank has mostly seen success and has turned a profit for many years, which can be returned to the state government’s general fund or used for economic development initiatives. A lot of the success can be traced to the the state’s fracking boom, according to research by University of Illinois Chicago professor Robert S. Chirinko.
But unlike commercial banks, deposits into the public bank are not insured by the federal government, which means North Dakota takes on all the risk. California’s law requires federal insurance, which will give the city more regulatory hurdles as no public bank has sought that approval before.
Chirinko said any success replicating North Dakota’s model will heavily depend on funding. San Francisco’s proposed focus on investing in climate-friendly technology or housing may also not pay off immediately.
“There could be a role there for government, but you have to recognize that you’re not going to get your money back,” he said.
Such banks also can face accusations of unfair political influence. In 2016, North Dakota’s bank financed local law enforcement’s militarized response to controversial protests against the Dakota Access Pipeline, sparking liberal backlash.
Already, critics in San Francisco are saying the same political favoritism could happen for how loans and other financial products would get issued.
“What do they want? An SF Public Bank staffed by cronies of absentee SF Supervisor Jackie Fielder,” claimed tech figure and Y Combinator CEO Garry Tan. “It’ll be a tremendous grift mill robbing the city blind.”
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