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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WEST FARGO, N.D. (Valley News Live) – Authorities have identified the man killed and the driver involved in a fatal overnight crash in West Fargo.
Jose Rodriguez, 38, of West Fargo, died after being struck by a vehicle early Wednesday morning, according to the North Dakota State Patrol.
The driver, Carly Vizenor, 25, of West Fargo, was not injured. Charges and restraint use remain under investigation.
The crash happened at approximately 2:46 a.m. Wednesday near the intersection of 32nd Avenue South and 9th Street West.
According to the State Patrol, a 2016 Ford Fusion was traveling westbound on 32nd Avenue South when it struck Rodriguez, who was crossing the street approximately 20 to 30 yards east of the 9th Street intersection.
The driver left the scene and returned approximately 10 minutes later.
Rodriguez was pronounced dead at the scene.
The North Dakota State Patrol, West Fargo Police Department, and West Fargo Fire Department all responded to the crash.
The investigation remains ongoing.
Copyright 2026 KVLY. All rights reserved.
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NDSU could make the CFP in 2026.
Winning has been the standard at North Dakota State for decades, and one college football analyst expects a similar result in the FBS right away.
Brett McMurphy of On3 believes NDSU will run the table 12-0 with a Mountain West Conference championship and make the College Football Playoff. McMurphy projects the Bison to face Oregon in the CFP, the Fargo Forum’s Jeff Kolpack reported.
That would mean the Bison would go on the road to Eugene against a perennial FBS contender, which didn’t go well for the last Group of Six team to play the Ducks. Oregon steamrolled James Madison 51-34 in last season’s CFP before the Ducks took down Texas Tech and lost to eventual national champion Indiana.
It’s not impossible for the Bison to get that far based on Sagarin Ratings and the program’s history of success against FBS teams. The Bison would need to maximize what they can control and to have a few things fall their way.
That said, all of this would be contingent upon the Bison receiving clearance for postseason competition from the NCAA on Thursday. Transitioning teams normally face a two-year postseason ban, and NDSU had been in a similar situation before, with a four-year postseason ban during the move from Division II to the FCS in 2004.
NDSU Looking to Pass JMU Again
In 2016, the JMU interrupted NDSU’s five-year FCS championship run with a playoff upset at the Fargodome.
NDSU then beat JMU in the 2017 season championship to win a sixth title in seven years. The Bison beat JMU again in the FCS championship game again for the 2019 season before the Dukes joined the FBS in 2022.
JMU’s success at the FBS level has resulted in two bowl game appearances and Sun Belt Conference title. Amid the conference crown, the Dukes slipped into the CFP as the ACC went topsy-turvy when a 5-5 Duke Blue Devils team at the time upset Virginia.
JMU made the CFP, and Miami represented the ACC while Notre Dame sat at home despite a 10-2 record and a close early-season loss to the national runner-up Hurricanes. NDSU, meanwhile, had a 12-0 regular season in the FCS and got stunned in the FCS playoffs by Illinois State, the second team ever to win a playoff game in Fargo.
The Bison looked like a program retooling to get back up from a postseason disappointment in January, but February brought the news of NDSU’s long-anticipated move up to the FBS. The Mountain West Conference invited the Bison amid the conference’s restructuring with five teams leaving for the Pac-12.
That made the former FCS titan attractive to the Mountain West, which notably lost former CFP entrant Boise State. Whether or not NDSU can become the Mountain West’s new Boise State or pass JMU as a premiere Group of Six team remains unknown.
Common Opponents Key For Bison
The Bison have the odds stacked against them in 2026 to make the CFP, but it’s not impossible.
NDSU doesn’t have a Power Four opponent, but the Bison can make up for that by margin of victory, especially with any Mountain West contenders that have Power Four opponents during the season.
New Mexico has the biggest Power Four opponent among Mountain West teams with Oklahoma, and UTEP faces Oklahoma and Michigan. San Jose State faces USC, another team with CFP hopes.
NDSU beating New Mexico, UTEP and San Jose State handily will especially help in making a run for the playoff.
Matthew Davis covers the NFL, WNBA and college sports for Heavy.com. As a contributing writer to the StarTribune, he has also covered Minnesota prep sports since 2016. More about Matthew Davis
April 20, 1957 – May 2, 2026
Via Miller-Carlin Funeral Home
Steven Privratsky, 69, of Hettinger, North Dakota, passed away peacefully on May 2, 2026, surrounded by his loved ones.
Steven was born on April 20, 1957, in Dickinson, North Dakota, to Steve and Minnie (Binstock) Privratsky. He was raised on the family farm, where he learned the value of hard work, dedication, and family values that he carried with him throughout his life. On June 3, 1977, Steven married the love of his life, Lori Lien, and together they were blessed with three sons: Scott, Mark, and Jason.
Steven was a proud farmer and dedicated many years to raising cattle, planting fields, and cutting hay. Farming was more than a livelihood; it was a way of life he deeply cherished. Steven was also a car enthusiast and a mechanic at heart, and in 1999, he opened Steve’s Service Plus, where he became the town’s trusted mechanic. He took great pride in his work and truly enjoyed visiting with customers, sharing stories, and lending a helping hand.
Above all, Steven’s greatest joy was his family. He loved spending time with his children and grandchildren, creating special memories and turning the farm into an “amusement park” with tractor, truck, and skid steer rides. Over the past five years, living closer to family in Minnesota was a true blessing. He treasured attending his grandchildren’s activities and being present for the moments that mattered most.
Steven is survived by his loving wife, Lori; his children, Scott (Carmen) Privratsky of Rice, MN, Mark (Sarah) Privratsky of Eden Prairie, MN, and Jason (Kristin) Privratsky of Grant, MN; seven grandchildren, Makenna, Grant, Benjamin, Luke, Caleb, Logan, and Nolan; his siblings, Delores (Harold) Messmer, Lewis (Linda) Privratsky, Larry Privratsky, Mary Kay (Allen) Whitehead, Debbie (Roy) Hofland, and Jeff Privratsky; and his in-laws, Tony (Bev) Volesky, Sharon (Denis) Wells, Donna Lien, Sandra Lien, Lyle (Pat) Lien, Ruth Klein, Alton (Tammy) Lien, Rita (Bill) Frank, Kevin (Terri) Lien, Carla (Jim) Messer, and Curtis Lien. He is also survived by many nieces and nephews.
He was preceded in death by his parents, Steve and Minnie (Binstock) Privratsky; his sister, Betty Jane Volesky; his in-laws, Harold and Dorothy (Shern) Lien, and Linda Privratsky; and his nieces and nephews, Rhonda Starling, Dustin Perfett, Cody Perfett, and Corie Lien.
Steven will be remembered for his strong work ethic, kind heart, and deep love for his family. He will be deeply missed by all who knew and loved him.
A Celebration of Life will be held on Thursday, May 7, 2026, from 3:00 PM to 6:00 PM at Miller-Carlin Funeral Homes, 3013 Roosevelt Road, St. Cloud, Minnesota. A second Celebration of Life will be held on Friday, May 15, 2026, at Hettinger Lutheran Church, 904 2nd Avenue South, Hettinger, North Dakota, with visitation at 10:00 AM and funeral service at 11:30 AM, with fellowship and burial to follow.
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