South Dakota
Judge faults Corps for outcome of DAPL protests as trial wraps up third week • South Dakota Searchlight
A federal judge admonished U.S. Army Corps of Engineers officials for allowing Dakota Access Pipeline protesters to camp on Corps land without a permit, arguing that the agency could have prevented significant costs to North Dakota had it followed its own regulations properly.
“Permits are required for a reason,” U.S. District Court Judge Dan Traynor said in a Friday hearing in Bismarck.
The comments came as North Dakota concluded three weeks of witness testimony in a bench trial examining the United States’ actions during the 2016 and 2017 protests against the pipeline, commonly referred to as DAPL.
Dakota Access Pipeline protest costs debated during federal trial
The protests were organized in support of the Standing Rock Sioux Tribe, which opposed the project over concerns it intruded on tribal land and threatened its water supply.
The state of North Dakota seeks to recoup $38 million from the United States for costs it claims resulted from the demonstrations. The state says the federal government not only withheld necessary assistance from North Dakota during the protests, but also acted in ways that encouraged protesters.
Immediately after North Dakota rested its case, attorneys for the United States made a motion for a directed judgment — a request for a ruling in favor of the defense on the grounds that the evidence presented by the state is insufficient to continue the trial.
Timothy Jafek, special attorney to the United States, argued Friday that North Dakota has not demonstrated that the Corps was at fault for most of the damages caused by protesters.
Jafek also claimed that during the protests, Corps officials and North Dakota law enforcement both favored allowing campers to remain on Corps land rather than trying to evict them.
North Dakota never asked the Army Corps of Engineers to remove the protesters because the state “knew it was a request they couldn’t fulfill,” he said.
200,000 comments submitted on Dakota Access Pipeline environmental review
Traynor denied the motion, arguing that the Corps should have never allowed protesters to remain on its land without a permit — not only because its own regulations appear to require it, but also because Corps officials knew the demonstrations posed a significant risk.
A permit would have given the Corps an opportunity to secure compensation for any damage by protesters, as well as leverage to require demonstrators to comply with safety and sanitation regulations, he said.
“The failure to require a permit is unreasonable under the circumstances,” Traynor said.
The largest protest camp was located on Army Corps of Engineers land in Morton County. Thousands were estimated to be living in the camps at the protest’s peak.
Early on in the demonstrations, former Standing Rock Chairman Dave Archambault sought a special use permit from the Corps so protesters could demonstrate on Corps property legally, according to witness testimony.
Archambault is not expected to appear as a witness in the trial. He declined a request for comment through an attorney.
While the Army Corps of Engineers supported the idea of a permit, state officials — including former Gov. Jack Dalrymple — urged the Corps to deny it for fear a permit would prolong the protests.
The Standing Rock Sioux Tribe never completed its application for the permit, Corps witnesses testified in court.
Nonetheless, the Corps allowed protesters to remain on Corps land for several months. The Corps also went on to issue a press release that falsely stated the tribe had successfully obtained a permit.
“The Corps needed to be on the record saying we do support constitutional rights to protest,” Col. John Henderson, who served as commander of the Corps’ Omaha District during the protests, testified Feb. 27.
Federal agencies had an unusual level of involvement with the permit and other decisions related to the pipeline, Lt. Gen. Scott Spellmon, Henderson’s immediate superior during the protests, told the court on Wednesday.
In September 2016, the Department of Justice, Department of the Interior and Department of the Army published a statement asking pipeline company Energy Transfer Partners to voluntarily halt construction of the pipeline for additional regulatory review. The Corps has authority over a segment of the pipeline that crosses under the Missouri River north of the Standing Rock Sioux Reservation.
Henderson and Spellmon both said they were not aware of the statement before its release.
“Normally guidance and direction of this nature, we would have input,” Spellmon, who now serves as the Corps’ chief engineer and commanding general, said in court on Wednesday.
The Department of Army required the Corps to answer a series of additional technical questions about its assessment, which Spellmon said took three to four months.
Spellmon said he wasn’t aware of any other time the department had asked the Army Corps of Engineers to conduct additional analysis of this depth after the Corps had already reached a final decision on an easement.
The pipeline has been operating since June 2017. A judge in 2020 revoked the easement for the pipeline crossing north of Standing Rock, requiring a full environmental impact statement. The Corps is reviewing public comments submitted on the project and is on track to issue a final environmental impact statement this fall, a Corps official said last week during a hearing in Washington, D.C.
The trial is expected to continue for another week.
South Dakota
SD Lottery Lucky For Life winning numbers for Jan. 8, 2026
The South Dakota Lottery offers multiple draw games for those aiming to win big. Here’s a look at Jan. 8, 2026, results for each game:
Winning Lucky For Life numbers from Jan. 8 drawing
05-12-13-39-48, Lucky Ball: 13
Check Lucky For Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
Are you a winner? Here’s how to claim your prize
- Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
- Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
- Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.
When are the South Dakota Lottery drawings held?
- Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
- Mega Millions: 10 p.m. CT on Tuesday and Friday.
- Lucky for Life: 9:38 p.m. CT daily.
- Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
- Dakota Cash: 9 p.m. CT on Wednesday and Saturday.
This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.
South Dakota
Sheridan Lake rescue prompts winter ice safety warning
RAPID CITY, S.D. (KOTA) – A harrowing scene at Sheridan Lake ended without serious injury Tuesday after a man, a woman and their dog fell through thin ice near the swimming beach, authorities said.
Keep pets on a leash and never attempt a risky rescue if someone falls through the ice, officials said. Call 911 immediately.
The South Dakota Game, Fish, and Parks agency advises that ice three inches or less is unsafe. Four inches is generally considered the minimum for walking, ice fishing or skating.
Lt. Casey Kenrick of the Pennington County Sheriff’s Office said the incident is a reminder to take extra precautions this winter.
“Usually at this time the ice is significantly thick on the lakes around the area, well, some aren’t even frozen all the way at this point. The temperatures have been up and down so much that the ice isn’t solid even though it may look like it is, so make sure you know the ice depth that you’re getting onto,” Kenrick said.
Kenrick said those precautions could mean the difference between a close call and a tragedy.
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Copyright 2026 KOTA. All rights reserved.
South Dakota
A day in South Dakota history
RAPID CITY, S.D. (KOTA) – On Jan. 7, 1995, William Janklow began his third of four terms as governor. From statehood until 1972, governors served two-year terms. Voters then approved a constitutional amendment in 1972 allowing governors to serve two consecutive four-year terms.
Janklow served from 1979 to 1987 and again from 1995 to 2003. His 16 years are the longest stint of any governor in South Dakota history
See a spelling or grammatical error in our story? Please click here to report it.
Do you have a photo or video of a breaking news story? Send it to us here with a brief description.
Copyright 2026 KOTA. All rights reserved.
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