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North Dakota to Face Federal Government in Trial

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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.

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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.

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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

Letter: Be wary of plans for large-scale dairies in North Dakota

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Letter: Be wary of plans for large-scale dairies in North Dakota


To the editor,

There is a history of confined animal feeding operations ruining the environment in many states. The new

Riverview Dairy

operations set to enter the eastern part of North Dakota near Hillsboro and Wahpeton should be looked at through the eyes of how we want our livestock industry to expand.

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Twenty-five thousand confined dairy cows is huge. Yes, they have state of the art waste disposal systems — or do they? What about flooding? Not unheard of in the Red River Valley. Additionally, the water required for these animals may seem fine but what about in a drought? Do you want to compete for drinking water with cows? Aquifers are being depleted for ag use already.

Twenty-five thousand animals hooked up to machines. Not grazed. Not good.

Workers will be temporary and not connected to the communities. Their money will be sent out of state/country. The money from Riverview will be sent out of the state. Riverview has multiple dairies in other states. Most inputs will be bought wholesale and not locally.

Ag Commissioner Doug Goehring said this LLP can do business without the change to our corporate farming law in the last legislative session. However, they sure are being subsidized by support for infrastructure stemming from other legislation piggy backed on that change in our anti-corporate farming law. A law that was meant to support local farmers to expand by accessing capital from other sources. This dairy will finish the small dairy opportunities in North Dakota using money meant to support them.

Karen Anderson
Warwick, North Dakota

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Yankton County, SD deputies arrest South Dakota fugitive after 4-week search

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Yankton County, SD deputies arrest South Dakota fugitive after 4-week search


YANKTON COUNTY, SD (KTIV) – There’s a new development in a manhunt that started last month in South Dakota.

Authorities in Yankton County say they’ve found an Iowa man wanted for violating his parole and arrested him after a nearly four-hour standoff Monday night.

The Yankton County Sheriff’s Office says its deputies learned 48-year-old Jason Sitzman was inside a home in Lesterville, South Dakota, and went to that home trying to make contact with him.

Sitzman was wanted on warrants for violating his parole in Iowa, as well as, for failure to appear in court in Yankton County and for aggravated eluding of law enforcement.

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But, Sitzman, and another woman who was inside, refused to leave the house. That was at around 7:00pm. Around 10:45pm authorities used chemical agents inside the home to get Sitzman and the woman outside. The woman is identified as 23-year-old Kendra Kirrman.

Both were taken into custody and charged with obstructing law enforcement.

Law enforcement have been looking for Sitzman for more than a month. Back on June 19th… he reportedly fled South Dakota authorities on a motorcycle… riding into Nebraska before ditching the bike at the Chalkrock Wildlife Management Area in Cedar County. Authorities searched the area using drones and a helicopter but weren’t able to find Sitzman.



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North Dakota judge will decide whether to throw out a challenge to the state's abortion ban

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North Dakota judge will decide whether to throw out a challenge to the state's abortion ban


BISMARCK, N.D. (AP) — Attorneys argued Tuesday over whether a North Dakota judge should toss a lawsuit challenging the state’s abortion ban, with the state saying the plaintiffs’ case rests on hypotheticals, and the plaintiffs saying key issues remain to be resolved at a scheduled trial.

State District Judge Bruce Romanick said he will rule as quickly as he can, but he also asked the plaintiffs’ attorney what difference he would have at the court trial in August.

The Red River Women’s Clinic, which moved from Fargo to neighboring Moorhead, Minnesota, filed the lawsuit challenging the state’s now-repealed trigger ban soon after the fall of Roe v. Wade in 2022. The clinic was North Dakota’s sole abortion provider. In 2023, North Dakota’s Republican-controlled Legislature revised the state’s abortion laws amid the lawsuit. Soon afterward, the plaintiffs filed an amended complaint, joined by doctors in obstetrics, gynecology and maternal-fetal medicine.

North Dakota outlaws abortion as a felony crime, with exceptions to prevent the mother’s death or a “serious health risk” to her, and in cases of rape or incest up to six weeks of pregnancy.

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The plaintiffs allege the law violates the state constitution because it is unconstitutionally vague for doctors as to the exceptions, and that its health exception is too narrow.

The state wants the complaint dismissed. Special Assistant Attorney General Dan Gaustad said the plaintiffs want the law declared unconstitutional based upon hypotheticals, that the clinic now in Minnesota lacks legal standing and that a trial won’t help the judge.

“You’re not going to get any more information than what you’ve got now. It’s a legal question,” Gaustad told the judge.

The plaintiffs want the trial to proceed.

Meetra Mehdizadeh, a staff attorney with the Center for Reproductive Rights, said the trial would resolve factual disputes regarding how the law would apply in various pregnancy complications, “the extent to which the ban chills the provision of standard-of-care medical treatment,” and a necessity for exceptions for mental health and pregnancies with a fatal fetal diagnosis.

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When asked by the judge about the trial, she said hearing testimony live from experts, as compared to reading their depositions, would give him the opportunity to probe their credibility and ask his own questions to clarify issues.

In an interview, she said laws such as North Dakota’s are causing confusion and hindering doctors when patients arrive in emergency medical situations.

“Nationally, we are seeing physicians feeling like they have to delay, either to run more tests or to consult with legal teams or to wait for patients to get sicker, and so they know if the patient qualifies under the ban,” Mehdizadeh said.

In January, the judge denied the plaintiffs’ request to temporarily block part of the law so doctors could provide abortions in health-saving scenarios without the potential of prosecution.

A recent state report said abortions in North Dakota last year dropped to a nonreportable level, meaning there were fewer than six abortions performed in 2023. The state reported 840 abortions in 2021, the year before the U.S. Supreme Court’s ruling overturning Roe v. Wade.

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The court’s decision enabled states to pass abortion bans by ending the nationwide right to abortion.

Most Republican-controlled states now have bans or restrictions in place. North Dakota is one of 14 enforcing a ban on abortion at all stages of pregnancy. Meanwhile, most Democratic-controlled states have adopted measures to protect abortion access.

The issue is a major one in this year’s elections: Abortion-related ballot measures will be before voters in at least six states. Since 2022, voters in all seven states where similar questions appeared have sided with abortion rights advocates.

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Associated Press writer Geoff Mulvihill in Cherry Hill, New Jersey, contributed to this story.

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