North Dakota
North Dakota Part of Lawsuit to Take Over Millions of Acres of Federally Controlled Land
(Kyle Dunphey/Utah News Dispatch via the North Dakota Monitor)
(Kyle Dunphey/North Dakota Monitor) -Several states including North Dakota are throwing their support behind Utah’s lawsuit that questions whether the Bureau of Land Management can hold onto nearly 18.5 million acres of public land within the state’s borders.
Filed with the U.S. Supreme Court in August, Utah’s lawsuit argues that the BLM can’t indefinitely hold onto land without giving it a designation, like a national monument, national forest or wilderness area. Those 18.5 million acres are what the state calls “unappropriated land” — they’re still leased for grazing, recreation and mineral extraction, but have no designation.
Now, 12 states and a few state legislatures are supporting Utah’s effort, signing amicus briefs on Tuesday with the nation’s high court.
An amicus brief, also called a “friend of the court” brief, is filed by organizations or individuals who are not named in the lawsuit, but have an interest in the case or would like to support a particular side. In total, 11 briefs have been filed with the Supreme Court by various groups, states and politicians, all of them supporting Utah’s effort. They include:
- -Idaho, Alaska, Wyoming and the Arizona Legislature.
- -Iowa, which spearheaded a brief signed by attorneys general from Alabama, Arkansas, Mississippi, Nebraska, North Dakota, South Carolina, South Dakota and Texas.
- -Utah’s entire Congressional delegation, which includes Sens. Mitt Romney and Mike Lee, and Reps. Blake Moore, Celeste Maloy, John Curtis and Burgess Owens, all Republicans. Wyoming GOP Rep. Harriet Hageman also signed onto the brief.
- -The Utah Legislature.
- -The Wyoming Legislature.
- -The Utah Association of Counties.
- -The American Lands Council, a nonprofit organization based in Utah that advocates for access to public lands.
- -The Sutherland Institute, a Utah-based conservative think tank.
- -The Utah Public Lands Council, Utah Wool Growers Association, Utah Farm Bureau Federation, and county farm bureaus from Beaver, Garfield, Iron, Kane, Piute, Sanpete, Sevier, Uintah and Washington counties.
- -The Pacific Legal Foundation, a nonprofit law firm.
- -A coalition of counties in Arizona and New Mexico, the New Mexico Federal Lands Council and New Mexico Farm and Livestock Bureau.
The brief spearheaded by Idaho Attorney General Raul Labrador argues the federal government’s control of unappropriated land curtails state sovereignty.
“The federal government may validly own land in the interior as necessary to exercise enumerated powers, as with military bases, federal courthouses, and so on. But the unappropriated lands at issue here are not being used in the exercise of enumerated powers. They are ‘land that the United States is simply holding, without formally reserving it for any designated purpose,’” the brief reads.
In the filing, attorneys argue that the state’s inability to control that land causes a host of problems. There’s a different criminal code; the land cannot be taxed by the state and results in tax hikes; the state cannot exercise eminent domain; and the state can’t generate revenue from grazing fees, mineral leases or timber sales, the brief claims.
“Granting the relief Utah requests would begin to level the playing field for all western States, and restore the proper balance of federalism between western States and the federal government,” the brief reads.
The brief led by Iowa and signed by eight other attorneys general focuses more on whether the Supreme Court should take up the case, and less on the merits of Utah’s lawsuit. Utah is invoking original jurisdiction, which allows states to petition directly to the Supreme Court rather than starting in a lower court and then going through the appeals process. To invoke original jurisdiction, the issue needs to be between a state and the federal government.
Most of the cases considered by the high court are appeals — in Iowa’s brief, attorneys ask the justices to consider Utah’s complaint.
“Few issues are as fundamentally important to a State as control of its land,” the brief reads. “The Amici States respectfully ask this Court to take this case out of respect for the sovereign dignity inherent in a State’s dispute against the United States.”
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North Dakota
ND Agriculture offering free remote session for produce growers
MINOT, N.D. (KMOT) — Produce growers in North Dakota can gain free training thanks to the North Dakota Department of Agriculture.
The session is free and will be held on Wednesday, Jan. 15, remotely.
Registration is open to anyone in the U.S., however non-produce growers will be invoiced for course materials.
Produce safety, worker health, soil amendments, and more will be topics covered in the session.
The session will be from 9 a.m. to 5 p.m. with registration at 8:30 a.m.
To register, follow this link: https://forms.office.com/g/Ct33hhgg5z.
To ask questions about either the session or the FSMA Produce Safety Rule, please contact Katrina Hanenberg at 701-328-2307 or kmhanenberg@nd.gov.
Copyright 2025 KFYR. All rights reserved.
North Dakota
Judge denies Greenpeace request to investigate mailer critical of DAPL protests • North Dakota Monitor
A judge has denied a request by environmental group Greenpeace to gather evidence on a right-wing, pro-fossil fuel mailer that may have targeted potential jurors in its legal battle with Energy Transfer, the developer of the Dakota Access Pipeline.
Some Morton County residents in October reported receiving a 12-page direct mailer called “Central ND News” containing material complimentary of Energy Transfer as well as stories that highlighted criminal activity by anti-Dakota Access Pipeline protesters.
Greenpeace is one of many activist groups that backed the demonstrations in 2016 and 2017. Protesters camped in rural south-central North Dakota for months in solidarity with the Standing Rock Sioux Tribe, which says the pipeline is a tribal sovereignty and environmental threat.
Energy Transfer filed suit against Greenpeace in Morton County District Court in 2019, accusing the group of coordinating a misinformation campaign against the company and of engaging in criminal acts during the demonstrations.
Greenpeace seeks court permission to research mailer critical of DAPL protests
The pipeline developer seeks tens of millions of dollars in damages from Greenpeace.
Greenpeace says its role in the protests was limited, that it did not spread misinformation about Energy Transfer and that it never participated in or endorsed criminal activity. The case is scheduled for trial before a nine-person jury beginning in February.
In court documents, Greenpeace expressed concerns that the direct mailer was written specifically to give Energy Transfer the upper hand when the suit goes to trial. It requested permission from Southwest Judicial District Court Judge James Gion to conduct discovery into a Texas company that printed and distributed the Central ND News.
“We should have the right to figure out who sent it, when they did and why,” Everett Jack, an attorney representing Greenpeace, said in a hearing in December.
Energy Transfer has disputed this claim, arguing there’s no meaningful evidence the mailer was intended to prejudice the jury. Trey Cox, representing the pipeline developer, last month called Greenpeace’s motion a “thinly veiled attempt” to delay the trial and move the case to a different court.
In a Dec. 17 order, Gion seemed to agree with Greenpeace that the mailer may have been an effort to sway jurors.
“The Court takes an extremely dim view of attempts to influence a jury panel before the trial,” he wrote.
Still, the judge found it would not be appropriate to approve the discovery request without further evidence the mailer has had a measurable impact on the jury pool.
“There is only one way to determine if such an attempt is successful, and unfortunately the Court agrees with Energy Transfer that way is through the jury questionnaires and jury selection,” he wrote in the order. “If the Court cannot empanel a jury in Morton County, there will obviously be a delay in the trial and the Court can revisit this issue at that time.”
The direct mailer resembles a print newspaper. Its distribution in Morton County residents was first reported in a joint article by the North Dakota News Cooperative and climate news publication Floodlight. The article identifies the owner of the publication as Metric Media, which has launched hundreds of conservative-leaning local news outlets that rely heavily on algorithmically generated content.
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North Dakota
In appeal, man tied to former Sen. Ray Holmberg says search warrant in his own case was unconstitutional
FARGO — A Grand Forks man connected to a former North Dakota senator who traveled abroad with plans to sexually abuse children is appealing
his own federal child sex abuse conviction,
arguing a search warrant in the case was unconstitutional.
Nicholas James Morgan-Derosier, 37, argued evidence showing he possessed child sex abuse material should have been thrown out due to what his defense team called an “overbroad” search warrant. The warrant was used to search Morgan-Derosier’s home in September 2020 for evidence that he violated a judicial order that banned him from doing business as Team Lawn, his landscaping business.
The search turned up a thumb drive that contained child sex abuse materials, according to court documents. Police applied for a search warrant once they found images of children being sexually abused, court documents said.
The evidence likely would have been used in a trial in North Dakota U.S. District Court, but Morgan-Derosier pleaded guilty in September 2023 to charges that said he received, distributed and possessed child sex abuse materials. The plea came after U.S. District Judge Peter Welte denied Morgan-Derosier’s motion to suppress.
Prosecutors also said the defendant sexually abused multiple children over the years, including some he met online and lured to a physical location. Morgan-Derosier and another man sexually abused a boy in 2020 together in a tent near Park Rapids, Minnesota, court documents said.
Morgan-Derosier did not have to admit to the sexual abuse, but he is serving a 40-year sentence for possessing thousands of child sex abuse materials and sharing some of the images online.
Morgan-Derosier reserved the right to appeal his conviction based on the search warrant.
He filed a notice to appeal
last year in the U.S. Eighth Circuit Court of Appeals.
In an appeals brief that was recently unsealed, Morgan-Derosier’s attorney argued that the search warrant was unconstitutional, overbroad and lacking particularity. His team also argued that the warrant led to evidence of a crime that was unrelated to the investigation of his business dealings, the brief said.
“The warrant essentially authorized the police to seize all computers and electronic devices for any crime that was committed at any time,” the brief said. “It is difficult to conceive a less particular or more broad case.”
Morgan-Derosier has been connected to former Sen. Ray Holmberg, R-Grand Forks.
The Forum reported on phone records
that showed Holmberg and Morgan-Derosier exchanged dozens of text messages while Morgan-Derosier was jailed in August 2021.
During Morgan-Derosier’s
January 2022 detention hearing,
First Assistant U.S. Attorney Jennifer Puhl said a “77-year-old man from Grand Forks” texted Morgan-Derosier on Aug. 23, 2021, about bringing Morgan-Derosier’s 19- or 20-year-old boyfriend “over for a massage.” Puhl did not identify the 77-year-old, but the age matched Holmberg’s at the time.
In an interview with The Forum, Holmberg denied asking Morgan-Derosier about a massage but acknowledged he texted Morgan-Derosier about patio work and “a variety of things.”
Other documents and audio recordings revealed Holmberg gave Morgan-Derosier a
ride to Bismarck
shortly after police searched Morgan-Derosier’s home. Once there, Morgan-Derosier spoke with North Dakota consumer protection officials about his business, according to a transcript from the North Dakota Attorney General’s Office. Holmberg attended a legislative energy development and transmission committee meeting that day.
Holmberg was
charged in October 2023
in federal court, with prosecutors saying he
traveled to Prague
multiple times in the 2010s with plans to sexually abuse children. He pleaded guilty to the charge in August.
During that plea hearing,
prosecutors said Holmberg and Morgan-Derosier watched child sex abuse material together.
Holmberg has been
jailed in Minnesota
after
a judge
determined he
violated presentence release conditions.
A sentencing hearing has not been scheduled in his case.
Holmberg served in the North Dakota Senate from 1976 to 2022, when he
resigned shortly after The Forum
broke the story about his connection to Morgan-Derosier.
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