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
Nature: Prairie chickens in South Dakota
South Dakota
Democrats fail to field candidates for a majority of South Dakota legislative seats
(SOUTH DAKOTA SEARCHLIGHT) – Democrats are running for 46 of South Dakota’s 105 legislative seats — leaving 56% of seats without a Democratic candidate.
That doesn’t bode well for the party ahead of November, said Michael Card, professor emeritus of political science at the University of South Dakota.
“It doesn’t put them in a position to actually put forward their ideological policy preferences and have much of a success at getting those enacted,” Card said.
In the state Senate alone, Democrats have failed to field a candidate for 22 seats, which is nearly two-thirds of the chamber. In the House, Democrats have failed to field a candidate for 38 seats, which is 54% of the chamber.
There is only one Democratic legislative primary in the state: a state Senate race in District 26, which includes the Rosebud Reservation.
There are no statewide Democratic primaries, after announced candidates for governor and U.S. House dropped out or failed to gather enough petition signatures to make the ballot, leaving one Democrat in each of those races.
Statewide candidates will have less name recognition than Republican candidates ahead of the general election, since they didn’t have primaries, Card said. In the Legislature, Card said Democrats “are guaranteeing they won’t get a majority.”
In contrast, Republicans have primary races for governor, U.S. House and U.S. Senate. Five legislative districts do not have Republican primaries, but do have Republican candidates. There is a Republican candidate running for every legislative seat, except for one House seat in District 27, which includes the Pine Ridge Reservation.
Card said there are several factors leading to poor candidate turnout among Democrats, including a self-fulfilling cycle of failure.
“A lack of winning makes fewer people willing to take a chance on running for office,” Card said. “Why run if I think I’m going to lose?”
Democrats haven’t held a statewide office since 2015, and they haven’t held a majority of either legislative chamber since 1994.
Joe Zweifel, deputy executive director of the South Dakota Democratic Party, said the organization worked “really, really hard” to convince Democrats to run for office.
“But you can’t force people to run for office,” said Zweifel, of Sioux Falls, who’s running for a legislative seat himself in District 12.
He’s heard the open seats called a “failure.” But he disagrees, choosing to focus on the Democrats who did step forward.
“We’re running quality, good candidates in those races,” Zweifel said.
The South Dakota Democratic Party hopes to build on legislative successes, such as a new law from Rep. Kadyn Wittman, D-Sioux Falls, that commits state funding to cover the family portion of reduced-price school meals.
“That specifically is a return on investment for our donors, and it shows that Democrats are doing good things for the people of South Dakota,” Zweifel said.
Wittman’s success helped inspire Democratic District 13 House of Representatives candidate Ali Rae Horsted, of Sioux Falls, to take a second run at the Legislature. Horsted ran unsuccessfully for the Senate against Sen. Sue Peterson in 2024, garnering 42% of the vote.
Horsted plans to build on that success and the name recognition she already has in the district. She hopes she’ll have “better odds” in this election, since there are two House seats for every district.
Horsted said it would better serve South Dakota if the state had a more balanced Legislature. While the latest Legislature was 92% Republican, 52% of voters in South Dakota are Republican. South Dakota has the lowest percentage of Democrats, 7.6%, in the Legislature nationwide.
“I think it’s important that people have options on the ballot,” Horsted said, “and people are able to vote for candidates that represent their values and their vision for the future of South Dakota.”
Makenzie Huber is a lifelong South Dakotan who regularly reports on the intersection of politics and policy with health, education, social services and Indigenous affairs. Her work with South Dakota Searchlight earned her the title of South Dakota’s Outstanding Young Journalist in 2024, and she was a 2024 finalist for the national Livingston Awards.
South Dakota Searchlight is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
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South Dakota
From Big Ideas to Better Places: Building Livable Communities Across South Dakota
From East River to West River, South Dakota communities share a common goal: creating places where people of all ages can live, work and thrive. AARP’s Domains of Livability provide a framework to help communities do just that. Through the AARP Community Challenge grant program—designed to spark quick, impactful local projects—South Dakota communities are turning big ideas into visible, people-centered improvements.
Read the South Dakota Community Challenge Grant Report, which showcases grant-funded projects across the state designed to build more livable communities.
What Are AARP’s Domains of Livability?
AARP’s approach to livable communities is rooted in eight interconnected domains that together support quality of life at every age:
- Outdoor Spaces and Buildings – Safe, accessible parks, streets and public buildings
- Transportation – Affordable, accessible options for getting around
- Housing – A range of choices that support independence
- Social Participation – Opportunities to connect, learn and have fun
- Respect and Social Inclusion – Communities that value people of all backgrounds and ages
- Civic Participation and Employment – Meaningful ways to engage and contribute
- Communication and Information – Clear, accessible ways to stay informed
- Community Support and Health Services – Access to services that support well-being
These domains work best when addressed together—something South Dakota communities are embracing.
Turning Vision into Action with Community Challenge Grants
AARP Community Challenge grants fund short-term, “quick-action” projects that can ignite long-term change. Across South Dakota, these grants have helped communities pilot ideas, build momentum and demonstrate what’s possible when residents put people first.
Here’s how local projects are bringing the Domains of Livability to life:
- Outdoor Spaces and Buildings: Communities have used grants to enhance parks, create pop-up public spaces, add benches and shade and install wayfinding signs. These improvements invite people to linger, gather, and enjoy shared spaces—supporting both physical activity and social connection.
- Transportation: Small, thoughtful transportation projects can make a big difference. Community Challenge grants have supported safer crossings, improved walkability and bikeability around key destinations and the planning or installation of transit amenities like shelters and seating—especially important for older adults and people with mobility challenges.
- Housing and Community Support: Some projects focus on helping residents age in place by improving access to information about home modification resources or by testing neighborhood-level solutions that connect people to services. These efforts strengthen independence and peace of mind.
- Social Participation and Inclusion: Murals, community events and creative placemaking projects funded by AARP grants have sparked community pride and social connection. By involving residents in design and implementation, these projects foster respect, inclusion and a strong sense of belonging across generations.
- Communication, Civic Participation and Opportunity: From hosting community conversations to creating new tools for sharing local information, South Dakota communities are using grants to engage residents in shaping their future. These efforts elevate local voices and encourage ongoing civic participation.
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