North Dakota
North Dakota to Face Federal Government in Trial
Seeks to Recoup $38 Million for Destructive 2016 DAPL Protests
Sen. Kevin Cramer release
WASHINGTON – For five years, North Dakota has been involved in a legal battle with the United States regarding the federal government’s negligence associated with the unlawful Dakota Access Pipeline (DAPL) protests from August 2016 to March 2017. Throughout the protests, which spanned 233 days, activists illegally occupied federal lands and engaged in unlawful, destructive, and violent acts.
These activities, aided and exacerbated by the Obama administration’s negligence, left local and state law enforcement on their own to maintain order. Due to the U.S.’ rejection of the state’s efforts to cooperate and mitigate the protests, North Dakota was left without assistance to protect public safety and clean the very land the activists sought to protect. The federal government and the U.S. Army Corps of Engineers’ (USACE) failure to contain the protests or assist law enforcement resulted in more than $38 million in damages to North Dakota.
Two months ago, U.S. District Judge Daniel M. Traynor issued an order stating the federal government would have to face North Dakota’s claims at trial for the emergency response costs and agreed the federal government owed a “duty of care” to the state.
The lawsuit’s bench trial is scheduled to begin on Thursday, February 15, and will be overseen by Judge Traynor at the William L. Guy Federal Building and U.S. Courthouse in Bismarck. By statute, there will be no jury and all decisions of fact and law will be determined by Judge Traynor.
“Eight years after the rest of the country moved on from the DAPL protests, North Dakota finally has the opportunity to take the federal government to court and fight for financial compensation for the havoc enabled by the Obama administration,” said Cramer. “Instead of containing the illegal protests, the federal government condoned them and instead of assisting North Dakota with law enforcement efforts, it stood by and did nothing. I look forward to an acknowledgment of federal negligence and the resolution of this case in North Dakota’s favor.”
North Dakota originally brought the five-count Complaint against the United States pursuant to the Federal Tort Claims Act (FTCA). The Complaint seeks to recover damages incurred from the costs related to the DAPL protests in 2016 and 2017, including damages to the state property, law enforcement vehicles, and for work to repair damages to the Backwater Bridge. Not only is it incredibly rare for a state to sue the federal government under the FTCA, none have prevailed at trial.
The USACE’s failure to enforce mandatory permitting procedures to conduct protests on federal lands compounded the problem by enabling the unlawful occupation. According to court documents, these trespassers “fired guns, shot arrows at an aircraft, threw Molotov cocktails, rocks, sticks, frozen water bottles, cans and feces at officers, and slashed their vehicle tires.” Throughout the nearly eight months of illegal occupation, law enforcement made a total of 761 arrests, with only 51 of those being from the state. In response, North Dakota was required to enforce the law and protect public safety by mobilizing all of the major state law enforcement and emergency response agencies, the National Guard, and relied on support from local law enforcement and first responder agencies. Additionally, the state was forced to rely on the assistance of law enforcement from 11 other states. North Dakota’s reasonable response to this emergency cost $38,005,071.66.
Since 2017, the 1,172-mile-long underground DAPL has been safely operating and delivering oil from North Dakota to Illinois. Despite this, the pipeline has faced scrutiny under the National Environmental Policy Act (NEPA) three times, including a 1,261-page Environmental Assessment from 2016 which found no significant impact and a 2017 court-ordered remand analysis.
The North Dakota delegation has led many efforts to ensure the pipeline remains operational, including sending a letter to the Assistant Secretary of the Army for Civil Works, requesting uninterrupted operation of DAPL. Additionally, the delegation explained it was in the nation’s best interest to conclude this “seemingly endless” EIS process. In December, North Dakota Governor Doug Burgum explained the pipeline “is an essential part of North Dakota’s and the nation’s energy infrastructure. It plays a pivotal role in ensuring energy security and affordability for the entire nation while providing enormous positive economic impact that touches every North Dakota citizen.”
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North Dakota
Anchorage’s Mac Swanson charges into Frozen Four with University of North Dakota
Coming into his sophomore season at the University of North Dakota, Mac Swanson was facing more uncertainty than at any point in his young hockey career.
By his own admission, Swanson, 20, struggled at times on the ice as a freshman. And after the 2024-25 season, the Fighting Hawks had replaced their head coach, introducing another variable.
But first-year coach Dane Jackson has now led UND to a 29-9-1 record, and Swanson has added multiple dimensions to his game in his second year of college hockey.
Now Swanson and UND are among the final quartet of teams playing for a national championship this weekend at the Frozen Four in Las Vegas.
The Hawks take on Wisconsin on Thursday at 4:30 p.m. Alaska time with a chance to advance to the championship. That game will be preceded at 1 p.m. by the first semifinal, pitting Michigan against Denver, which is coached by Anchorage’s David Carle. Both games are scheduled to be broadcast on ESPN2.
A mainstay on UND’s second line, Swanson has added strength, improved his scoring and taken on more responsibility on defense.
“I felt confident throughout the year,” Swanson said. “My goal-scoring has improve and obviously we have a great team this year. It’s easy to play with those guys.”
When UND announced it was replacing longtime coach Brad Berry, Swanson said players were in a holding pattern. But Jackson, who was on the UND staff for nearly two decades before taking the head coaching role, helped maintain continuity for the players after a couple weeks of wondering who would lead the team.
“There was a lot of uncertainty in the program for the first time in a while,” Swanson said. “It was definitely a weird time for all of us that were kind of deciding whether to stay or transfer out. But when coach Jackson got the job, we all felt pretty confident in him and his abilities, so we really did think that we would have a good team this year.”

Swanson described Jackson as a “hard but fair coach” and said the announcement secured his future with UND.
“I love my time here,” he said. “I love playing at The Ralph (Engelstad Arena), and I didn’t really want to leave at all. So I’m happy with where I’m at.”
Swanson’s production this season has been consistent. He’s seventh on the team in scoring, with 11 goals and 17 assists in 39 games. He showed a major uptick in his goal-scoring ability, after notching just two as a freshman.
Swanson believes his progression at UND is similar to what he was able to accomplish with the Fargo Force, where he played before signing with the Fighting Hawks. There he developed into a much more dynamic offensive player in his second season with the USHL team. Swanson has been especially effective the last half of the season with 13 points in his last 15 games.
“I think (my game) has evolved a little bit,” he said. “I’ve really tried to round out my two-way game. I started penalty killing this year too, which just adds another dimension to my game and makes me more valuable to the team.”
Mac’s dad, Brian, had a standout hockey career at Colorado College and was a finalist for the Hobey Baker Award in 1999. Having his dad as a sounding board has been invaluable as he’s progressed through his college career.
“He’s always there for me,” Swanson said. “But he never forces anything upon me, which I think is a good thing. He obviously is there for me whenever I need to talk or just a quick text before or after a game. … It’s great to have someone who’s been through everything I’m going through.”
Part of Swanson’s offseason mandate was to add strength. In Alaska over last summer, he worked out independently as well as at Mac’s Strength & Power in Eagle River, operated by his cousin.
“It gave me a good opportunity to grow in some areas I needed to,” he said.
The Frozen Four is shaping up to be one of the most interesting in recent history. The four teams have the four most NCAA championships in history, led by Denver’s 10 and followed by Michigan (9), UND (8) and Wisconsin (6).
“It’s really cool it’s kind of all these blue-blood programs,” he said. “Obviously we’ll try not to focus on too much of the stuff going on in Vegas and just focus on us.”
UND was dominant in reaching the Frozen Four, winning a pair of games by a combined 8-0 score in the Regional at Sioux Falls, South Dakota. He had family in attendance for those games and in the week and a half since has received plenty of messages from friends and family.
“Obviously you feel that support being from Alaska,” he said. “When someone is doing well, everyone is happy for them, which I think’s pretty cool about the hockey community back home.”
North Dakota
North Dakota approves certificate of site compatibility for 400MWh BESS from NextEra Energy Resources
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North Dakota
Armstrong opens application period for Governor’s Band/Orchestra and Choral programs
BISMARCK, N.D. – Gov. Kelly Armstrong today announced the opening of the application period for school, community and church bands, orchestras and choirs across North Dakota to apply to serve as the Governor’s Official State Band/Orchestra Program and Choral Program for the 2026-2027 school year.
The Governor and First Lady will select the two groups from the applications received based on musical talent, achievement and community involvement. The governor may invite the groups to perform at official state functions held throughout the 2026-2027 school year, including the State of the State Address in January 2027 at the Capitol in Bismarck.
Interested groups should submit an application with a musical recording to the Governor’s Office by 5 p.m. Monday, May 4. The Governor’s Band/Orchestra Program and Governor’s Choral Program will be announced in May. Please complete the application and provide materials at https://www.governor.nd.gov/governors-chorus-and-bandorchestra-program-application.
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