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North Dakota wins $28M court case against federal government over pipeline protests

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North Dakota wins M court case against federal government over pipeline protests


FARGO — The state of North Dakota has won its case against the federal government.

A federal judge has ruled in favor of North Dakota, according to a court ruling released on Wednesday, April 23, and ordered the United States to pay nearly $28 million in damages stemming from law enforcement actions during the Dakota Access Pipeline protests in 2016 and 2017.

Police block the highway from protesters next to the pipeline route during a protest against the Dakota Access pipeline near the Standing Rock Indian Reservation in St. Anthony, N.D., Nov. 11, 2016.

Stephanie Keith / Reuters

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From 2016 to 2017, thousands of people gathered along the Missouri River in Morton County, N.D., close to where the pipeline crosses under the river just north of the Stranding Rock Reservation.

The protests were started by the Standing Rock Sioux Tribe in response to pollution threats to the tribe’s water supply, the imposition onto Indigenous land and the disruption to cultural sites.

This marks the “first time in history” that a court has ruled in favor of a state against the federal government in trial, according to a release from U.S. Sen. Kevin Cramer, R-N.D.

“This ruling is a colossal win for the North Dakota taxpayers who were forced to bear the cost of our federal government’s abdication of its duties during the Dakota Access Pipeline protests,” Cramer said. “Even before neglecting their responsibilities, our government literally facilitated the violence. This $27.8 million judgment is a win for the rule of law, for sure, and it’s a win for the Constitution of the United States. It’s the result of nearly a decade of hard work from North Dakota’s Attorney General’s office and I really thank them for their efforts!”

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Law enforcement officers keep Dakota Access Pipeline opponents from entering a construction site Monday, Oct. 10, 2016, near St. Anthony, N.D.

Forum News Service file photo

The lawsuit came about when the state of North Dakota sought financial recompense from the federal government in the wake of costs incurred by the state during the protests. The trial took place in Bismarck starting in February 2024 and lasted for several weeks. The state of North Dakota said the protests led to $38 million in expenses, according to reporting by the North Dakota Monitor.

U.S. District Court Judge Daniel Traynor decided in favor of the state, according to the ruling, and specifically noted that the U.S. Army Corps of Engineers contributed to the costs for the state of North Dakota.

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“The Corps’ negligent actions and inactions created a public nuisance in North Dakota, enabling countless instances of civil trespass to occur during the Protests, subjecting the United States (through the Corps and the actions of other agencies) to liability under North Dakota tort law and exacerbating the harms that were visited upon North Dakota,” the ruling states.

This money will go a long way to make “the state of North Dakota whole again,” U.S. Sen. John Hoeven, R-N.D., said in a release.

“The federal government, through its negligence, allowed lawlessness to take hold on Army Corps land, resulting in months of disruption to local residents’ lives, threats to their safety and significant costs to the state,” Hoeven said. “We commend Attorney General Drew Wrigley and his team for securing today’s verdict, which recognizes the harm resulting from the Obama administration’s refusal to enforce the law and police illegal activity during the DAPL protests.”

The move was applauded by North Dakota Gov. Kelly Armstrong and Attorney General Drew Wrigley in a press release on Wednesday.

“This is a major win for North Dakota taxpayers and the rule of law,” Armstrong and Wrigley said in the joint statement. “As outlined in trial testimony and Judge Traynor’s ruling, decisions made by the Obama administration emboldened protesters and ultimately caused millions of dollars in damage to North Dakota, while endangering the health and safety of North Dakota communities, families and law enforcement officers who responded to the protests.”

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In March, a Morton County jury ordered Greenpeace to pay $660 million in damages to the developer of the Dakota Access Pipeline, finding the environmental group helped incite illegal behavior by anti-pipeline protesters, the North Dakota Monitor reported.

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Protesters of the Dakota Access Pipeline are pictured at the Standing at the Cannon Ball Powwow Grounds on the Standing Rock Sioux Reservation in North Dakota.

Larry Downing / Reuters file photo

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Melissa Van Der Stad

Reporter working the night shift 👻. I cover Fargo city government, Cass County government and underserved populations in the area.





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North Dakota

2 measles cases reported in Cass County

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2 measles cases reported in Cass County


FARGO — The North Dakota Health and Human Services Department said two measles cases have been reported in Cass County, the first to be recorded in eastern North Dakota.

Human services said both cases are unvaccinated individuals who contracted the disease through international travel. One of them is hospitalized.

The health and human services department said members of the public who were at two Essentia Health locations in West Fargo and Fargo may have been exposed. Exposure may have occurred at the Essentia Health Clinic, 3150 Sheyenne St., Ste. 240, West Fargo, between 2:30 and 6 p.m. on Wednesday, May 7, or between 5:30 and 6 p.m., Friday, May 9, at the Essentia Health Walk-in Care, 52nd Avenue, 4110 51st Ave. S, Fargo.

The two new cases bring the total cases reported in the state to 11. The Cass County cases are not believed to be related to the nine cases recently reported near Williston, in Williams County.

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The first case was reported Friday,

May 2, when the North Dakota Department of Health and Human Services said an unvaccinated child from Williams County contracted the virus, likely during an out-of-state visit. The number jumped to nine by Friday, May 9. Four of the individuals were contagious while inside three different Williston schools.

Individuals who have not received a dose of the measles, mumps, rubella (MMR) vaccine should quarantine, or stay home, and monitor for symptoms for 21 days.

Those who have been exposed but are vaccinated do not need to quarantine. However, the department of health and human services said they should still monitor for symptoms for 21 days after exposure.

Measles is a highly contagious, viral illness that can be fatal, particularly for young children and those with compromised immune systems. Measles spreads through the air and can remain in a room and on surfaces for up to two hours, sometimes even traveling between floors through ventilation systems.

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Measles symptoms often include a fever, cough, runny nose or eye irritation followed by a body-wide rash. Measles spreads easily through the air and remains contagious for several days before and after symptoms appear.

There is no specific medical treatment for measles, though antibiotics may be used in cases with a developed secondary bacterial infection.

According to the state health department, most North Dakotans are vaccinated against measles, and the risk to the general public is low. People who were vaccinated as children and adults born before 1957 are considered protected due to previous infection.

“The MMR vaccine is 93% effective after one dose and 97% effective after two doses,” Molly Howell, state immunization director, said in a statement. “People who are vaccinated and exposed to measles are not likely to develop the disease. MMR vaccination is critical to preventing the spread of measles in the community.”

The MMR vaccine is recommended starting at 12 to 15 months of age, with a second dose at 4 to 6 years of age. Children who have already received two post-12-month doses of MMR are considered fully vaccinated.

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For information about measles, vaccination, or local clinic availability, contact the HHS Immunization Unit at 701-328-2378 or 711 (TTY), or visit hhs.nd.gov/measles.

Our newsroom occasionally reports stories under a byline of “staff.” Often, the “staff” byline is used when rewriting basic news briefs that originate from official sources, such as a city press release about a road closure, and which require little or no reporting. At times, this byline is used when a news story includes numerous authors or when the story is formed by aggregating previously reported news from various sources. If outside sources are used, it is noted within the story.





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North Dakota

North Dakota Crisis Chaplains help first responders across the state

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North Dakota Crisis Chaplains help first responders across the state


BISMARCK, N.D. (KFYR) – The North Dakota Crisis Chaplains are ensuring the state’s first responders are being taken care of.

Its focus is on bringing chaplains and support to law enforcement and first responders in small, rural communities. The organization is already serving in 17 counties, and its goal is to serve in every county in the state.

“We thought everyone had what Bismarck had, and they didn’t. There were just a couple of pockets of active, trained, engaged chaplains serving first responder agencies, primarily in the cities,” said lead chaplain, Bryan Holchhalter. “There were maybe one or two small chaplain-served agencies in the state out of 53 counties, and some of those weren’t trained, some of those weren’t active, they weren’t during ride-alongs, they weren’t engaged with their departments, and there was basically a canyon of need.“

You can donate to the cause at ndcrisischaplains.com.

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Forum editorial: North Dakota is failing its teachers, and it’s time to do something about it

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Forum editorial: North Dakota is failing its teachers, and it’s time to do something about it


People don’t pursue a teaching career in the hopes of getting rich. While the profession offers many rewards, excellent pay is typically not among them.

That said, we should not resign ourselves to the assumption that competitive pay doesn’t matter when it comes to attracting people to teach or retaining the best teachers.

So it’s frankly embarrassing and shameful that

North Dakota has fallen to 40th in average teacher pay

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among the 50 states and Washington, D.C.

The National Education Association recently released its annual report of teacher pay by state.

Last year, North Dakota teachers earned an average annual salary of $58,581. The average annual starting salary was $43,734.

Average teacher pay has climbed in North Dakota by nearly 7% since 2020-21, when the state ranked 34th in the nation, but that hasn’t kept pace with nationwide growth of around 10% over the same period.

Last year alone, average salaries in North Dakota grew by 3.2% compared to 3.8% nationwide.

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Salaries for starting teachers in North Dakota have also dropped from 26th nationwide in 2021-22 to 34th last year.

Meanwhile, the average teacher salary in Minnesota is $72,430, or about $14,000 more than in North Dakota. That puts Minnesota 15th in teacher pay nationwide.

Starting teachers in Minnesota earn an average salary of $44,995, only about $1,261 more than in North Dakota. Minnesota ranks 26th in that benchmark compared to North Dakota’s ranking at 34th.

So while North Dakota has tried to slowly increase teacher pay in recent years, it hasn’t kept pace with the value other states have placed upon teachers.

As a result, North Dakota is struggling to attract and retain teachers, especially in rural areas. The problem is getting more acute by the year as the core of longtime educators retire and fewer young people pursue the profession known for poor pay and challenging work conditions made worse by poor parenting and a growing distrust of education.

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This also comes at a time when North Dakota’s Legacy Fund hovers around $12 billion. The 15-year-old growing pile of money gleaned from the state’s taxes on the oil and gas industry is meant as a reserve fund for when those natural resources are depleted.

The intent of the Legacy Fund, created by taxpayers, was to use the state’s natural riches for transformative change. The recently adjourned Legislature did just that when it joined the governor’s push to tap a small portion of the Legacy Fund to lower property taxes, an issue that has plagued North Dakotans for decades.

Between now and the conclusion of the next legislative session in two years, lawmakers must make it a priority to increase teacher salaries. A good goal is to get North Dakota to at least the middle ranks of teacher pay in the country. It’s hard to be happy with average, but a “C” is better than the “F” we have today.

If we truly want to leave a legacy, there is no better investment in the future of North Dakota.

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Opinion by
Forum Editorial Board
The Forum of Fargo-Moorhead Editorial Board is a collection of Forum leaders and editors who regularly meet with area politicians and civic leaders to discuss and develop editorial positions on behalf of the company.

All editorials and editorial endorsements represent the views of Forum Communications Co. ownership.

Current members of the board include:

  • President and CEO Bill Marcil Jr.
  • Chief Operating Officer Bill Rouse
  • Chief Technology Officer Rodney Holm
  • Vice President of Newspapers Aaron Becher
  • Executive Editor Kirsten Stromsodt
  • Editor-in-Chief Matthew Von Pinnon
  • Business Editor Angie Wieck
  • Senior Writer Patrick Springer





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