North Dakota
EPA bureaucracy gets in the way of protecting environment, North Dakota official says
Jim Semerad, left, and Marty Haroldson of the North Dakota Department of Environmental Quality were part of a panel discussion Sept. 4, 2024, at a conference in Bismarck. (Jeff Beach/North Dakota Monitor)
Wildfire smoke wafted over North Dakota on Wednesday. For Jim Semerad of the Department of Environmental Quality, that will mean more work.
That’s because the department will have to show the federal Environmental Protection Agency that the smoke is actually coming from wildfires and not some other source of air pollution.
“We will go through a great deal of effort to prove something we already know,” said Semerad, who leads the department’s air quality division.
Semerad and others from the department were speaking Wednesday at a North Dakota Regional Environmental Conference in Bismarck. The conference was organized by the Air and Waste Management Association.
Semerad said staying on top of the ballooning amount of federal regulations can make it difficult for the agency to focus on what is really important — ensuring good environmental health.
The department sent a news release Wednesday morning advising the public of the air quality issues because of the wildfire smoke.
Semerad said EPA staff are well-intentioned but EPA bureaucracy gets in the way of protecting environmental quality.
“Our biggest problem might be the EPA,” Semerad said.
Chuck Hyatt, of DEQ’s waste management division, said one of the biggest roadblocks to working with the EPA is a lack of trust.
“They don’t necessarily trust what is going on in certain states,” Hyatt said. “And I wonder about that. Where does that come from?”
North Dakota has several ongoing legal battles with the EPA, including being the lead state challenging a mercury emissions rule that North Dakota officials have said threatens the state’s lignite coal industry.
Wednesday’s agenda included a session by Erik Wallevand, a lawyer in the North Dakota Attorney General’s Office, on tips for challenging federal regulations.
With factors such as federal regulations, retirements and other staff turnover, Semerad said something new for the department is struggling to keep up with clean air permits.
Semerad said there may be a request for more staff in the 2025 legislative session.
Semerad acknowledged that some of the workload comes from Mother Nature, with North Dakota being a state of extreme temperatures and weather and random events, such as wildfires.
“It’s kind of an invisible thing,” Semerad said of the work created by wildfires. “No additional inspections, no additional improvements to air quality. It’s just a reporting requirement.
“I guess that might be something that the Legislature needs to better understand.”
DONATE: SUPPORT NEWS YOU TRUST
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
North Dakota
Stampede stay alive with 2-1 OT win in Fargo
FARGO, N.D. (KELO) — The Sioux Falls Stampede staved off elimination with a 2-1 overtime win over the Fargo Force in game four of the USHL Western Conference Finals Saturday night.
Thomas Zocco scored the game-winner 12 minutes into the extra period. Arseni Marchenko put Fargo on the board first in the first period. Noah Mannausau tied the game for the Herd in the second period.
Sioux Falls outshot Fargo 53-49, including 9-5 in overtime. Linards Feldbergs made 48 saves.
Three of the four games of the series have gone to overtime. The winner-take-all game five is Tuesday at the Premier Center.
North Dakota
New ballot measure guide to be mailed to North Dakota voters ahead of election
New ballot measure guide to be mailed to North Dakota voters ahead of election
Kxnet.com
Welcome to the KXMB/KXMC YouTube channel, your home for all news, sports, and weather in western North Dakota. Subscribe to our channel for the latest information, breaking news, and weather updates.
Submit your photos, videos, and news tips to https://www.kxnet.com/report-it/. You can also message us on Facebook.
Visit KX News: https://www.kxnet.com/
Stream our shows here: https://www.kxnet.com/live-streaming/
Download our mobile app: https://www.kxnet.com/apps/
YouTube: https://www.youtube.com/c/KXNewsND?sub_confirmation
Facebook: https://www.facebook.com/kxnews
X: https://twitter.com/kxmb
Instagram: https://www.instagram.com/kx_news/
Get our new KXNews+ app on Roku, Apple TV, or Fire TV. Learn more here: https://www.kxnet.com/kx-news-plus/
North Dakota
Federal judge agrees to toss $28M judgment related to Dakota Access Pipeline protests
BISMARCK (North Dakota Monitor) — A federal district court judge indicated he will nullify a nearly $28 million judgment against the federal government related to costs North Dakota incurred during the Dakota Access Pipeline protests so the parties can reach a settlement.
North Dakota is still set to receive a payment Attorney General Drew Wrigley described as satisfactory, but attorneys would not disclose the amount during a Friday hearing.
Attorneys for the United States and North Dakota said the settlement would allow the parties to avoid litigating the case in appeals court,putting the nearly seven-year-old lawsuit to rest.
“We’re hoping we really don’t need to fight any further,” Department of Justice attorney Jonathan Guynn said during the hearing.
The lawsuit, filed in 2019, concerns demonstrations against the construction of the crude oil pipeline, also known as DAPL, that took place in rural south-central North Dakota in 2016 and 2017.
North Dakota claims the federal government caused the protests to grow in size and intensity by unlawfully allowing demonstrators to camp on federal land. The state says it had to pay millions of dollars on policing and cleaning up the encampments as a result. The United States denies the state’s allegations.
North Dakota U.S. District Court Judge Daniel Traynor in April 2025 sided with the state and ordered the executive branch to pay North Dakota the $28 million sum, a decision the U.S. Department of Justice later appealed to the 8th Circuit.
If the settlement moves forward, North Dakota would receive a “substantial monetary payment” from the United States, attorneys said Friday. As a condition of the agreement, the Department of Justice wants Traynor’s judgment and three other orders in which he ruled against the United States to be voided. That includes the court’s 120-page ruling from April 2025.
Both parties said Friday that having the rulings nullified wouldn’t have a significant negative impact on the public, since the documents could still be cited even if they no longer hold the weight of court orders.
At the same time, Guynn said the Department of Justice wants the orders vacated because it doesn’t want the legal conclusions Traynor made to influence the outcome of future lawsuits.
“The downstream consequences of keeping these on the books is troublesome for the United States,” he said during the hearing. If Traynor does not agree to axe the rulings, the United States would likely no longer be willing to settle and move forward with its appeal instead, Guynn added.
Traynor’s orders make findings about the federal government’s responsibility under the Federal Tort Claims Act — the law North Dakota filed the suit under — which the state noted previously in court filings “could have utility holding the federal government to account” in the future.
Still, attorneys for the state said they believe this trade-off is outweighed by the time and money the public would save by not going through the appeals process. North Dakota would also avoid the risk of having Traynor’s judgment overturned by higher courts.
Wrigley said the settlement will be made public once it’s finalized.
The United States’ appeal of Traynor’s decision has been on hold since last summer, when the state and federal government informed the 8th Circuit Court of Appeals they had started settlement negotiations and wished to pause the case.
The 8th Circuit will have to first send the case back to Traynor before he could grant the parties’ requests.
The case went to trial in Bismarck in early 2024. During the four-week trial, the court heard from witnesses including former governors Doug Burgum and Jack Dalrymple, Native activists, federal officials and law enforcement.
The Dakota Access Pipeline carries crude oil from northwest North Dakota to Illinois. It crosses the Missouri River just north of the Standing Rock Sioux Reservation, which prompted the tribe to begin protesting the pipeline on the grounds that it poses a threat to its water supply and sovereignty.
North Dakota’s lawsuit originally requested $38 million in damages from the federal government. Traynor ordered the executive branch to pay $28 million since the U.S. Department of Justice previously gave the state $10 million as compensation for costs it spent related to the protests.
-
Politics6 minutes agoDemocratic Candidates Scramble in Virginia After Court Tosses Map
-
Business12 minutes agoWhy Some People Are Allergic to ‘Peanut Butter Raises’
-
Lifestyle42 minutes agoChaos Gardening: A Laid-Back Way to Garden
-
Technology54 minutes agoThe Bastl Kalimba is a wild synth that thinks it’s a thumb piano
-
World60 minutes agoRemains recovered of US soldier who went missing in military exercises in Morocco, 2nd soldier still missing
-
Politics1 hour agoHegseth says Pentagon will review Mark Kelly’s public statements about classified briefing amid ongoing feud
-
Health1 hour agoCruise ship linked to deadly Hantavirus outbreak arrives off Tenerife as passenger evacuation begins
-
Sports1 hour agoPacers president apologizes to fans after team’s ‘risk’ backfires in NBA Draft Lottery