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
South Dakota sends poetry to the America250 time capsule
The capsule will be buried in Philadelphia on July 4. Here’s a look at what each state contributed to “America’s Time Capsule.”
‘America’s Time Capsule’ has been officially sealed. What’s inside?
All 50 states contributed items to “America’s Time Capsule,” which will be buried in Philadelphia on July 4 and will be opened 250 years later.
South Dakota sent a special edition of poetry to be sealed in “America’s Time Capsule” along with 200 items from every state, five territories and some institutions.
“This Far Country” is a suite of poems by South Dakota native Joseph Bottum celebrating four themes and symbols of the state: the meadowlark, chokecherry jelly, the homestead and rivers. The edition is illustrated by Jeanne Bowman and designed by Angela Corbo Gier.
South Dakota also contributed a letter from Gov. Larry Rhoden to the Americans of 2276, when the capsule is meant to be opened.
The time capsule has been officially sealed in commemoration of the United States’ 250th birthday.
The 900-pound steel cylinder contains over 200 artifacts, records and objects to tell America’s story when it is opened 250 years later.
The capsule will be buried in Philadelphia on July 4 as part of the hundreds of events for America’s 250th anniversary that will take place nationwide.
America250, the official nonpartisan commission designated by Congress to organize the July 4 celebrations, spearheaded the work to design the capsule and collect relics. All 50 states in conjunction with numerous national organizations contributed items (ranging from a vial of sand to an Olympic gold medal) reflecting the people, places and moments that shaped their history.
California contributed a NASA photo, an AI prediction and a fusion superconducter segment. Arizona contributed a copper ingot and a laser-etched challenge coin. Maine contributed a whale bone and a woven bookmark. And Utah contributed tickets to their amusement parks and George Washington’s prayer medal.
“Now that America’s Time Capsule has been sealed, it carries with it a remarkable record of this moment in our nation’s history,” said Chair of America250 Rosie Rios. “This moment is as much about the future as it is the past. When it is opened in 2276, future generations will see the care, pride, and optimism with which Americans marked our 250th anniversary.”
Below is a list of an item contributed from each state and territory of the United States. Most states submitted multiple items, and the full list can be viewed on America250’s official website.
- Alabama: A series of poems written by author and professor James Matthew Wilson titled “America.”
- Alaska: A map of New Archangel, Alaska, when Russia sold Alaska to the United States in 1867.
- American Samoa: A set of two uncirculated quarters from 2009 and 2020 with images of American Samoa.
- Arizona: A laser nano-etching of the text and signatures of the Declaration of Independence and the U.S. Constitution on a coin.
- Arkansas: A diamond found at the Crater of Diamonds State Park, the only place in the United States where people can search for diamonds and keep what they find.
- California: A Claude AI prediction of what California will be like in 250 years on archival paper. This will serve as a “tangible representation” of AI in 2026.
- Colorado: A set of postcards selected to represent “what life was like in Colorado in 2026.”
- Connecticut: The Official Proclamation document for the state.
- The District of Columbia: A challenge coin with “Washington, D.C. 250” on one side and a building with flags and the Mayor’s name etched on the other.
- Delaware: A set of 12 notecards with writings and drawings from the state’s citizens to answer what Delaware is to them.
- Florida: The Florida Senate Booklet from 2024 to 2026, which describes the operations of the Senate.
- Georgia: A distinct medallion of The Masters Logo, which has a yellow silhouette of the United States with a red flagstick to mark where Augusta, Georgia is located.
- Guam: A Gualofan ornament pendant, which is a traditional ornament that has become a “modern expression of Chamorro identity.” The pendant represents the full moon.
- Hawaii: A letter from Governor Josh Green.
- Idaho: A star garnet, which is the state’s official gemstone found only in Idaho and one other place in the world. The garnet is meant to highlight the state’s geological heritage.
- llinois: A poem authored by Illinois Poet Laureate Mark Turcotte titled “Dear New Blood.”
- Indiana: The Indiana 250 Annual Report, which shares the mission and objectives of the commission working to celebrate July 4th.
- Iowa: Astronaut Peggy Whitson’s International Space Station medallion, which commemorates Whitson’s leadership as the first woman to command the International Space Station.
- Kansas: A document identifying Kansas250 commissioners and news items from the last year.
- Kentucky: A commemorative coin from the Sons of the Revolution, intended to serve as a reminder of how the American Revolution influenced Kentucky.
- Louisiana: A necklace with a Krewe of Bacchus pendant, a collectible from Mardi Gras, and glass beads.
- Maine: A whale bone from the North Atlantic right whale, which is one of the world’s most critically endangered large whale species.
- Maryland: A challenge coin with Governor Wes Moore’s name and a map of the state on it.
- Massachusetts: A set of archival prints, including a print of the Boston Massacre and a letter from John Adams and Benjamin Franklin to the Massachusetts Council.
- Michigan: The state stone, or the Petoskey stone, which is native to the shores of Lake Michigan and formed nearly 350 million years ago.
- Minnesota: The state’s flag.
- Mississippi: Four brass coins commemorating the U.S.’s largest rocket engine test site and the Birthplace of America’s Music, amongst other notable events.
- Missouri: A letter from Governor Mike Kehoe to Americans 250 years later.
- Montana: A beaded artwork created by a Arikara artist representing the state’s landscapes and heritage.
- Nebraska: An archival photo of the Vice Grip pliers, which symbolize the state’s commerce and history.
- Nevada: A set of gambling chips to reflect the history of casinos across the state, which legalized gambling during the Great Depression.
- New Hampshire: A print of a sticker depicting the center emblem of a flag carried by the Second New Hampshire Regiment of the Continental Army.
- New Jersey: A stainless steel plate with greetings to people in 2276, with “the hope that the values that guide us in 2026 — liberty, opportunity, cooperation, love and respect for one another — continue to shape society.”
- New Mexico: A hand-crafted red chile tile created by Mexican-American artist Jennel Juarez. The tile is one of New Mexico’s longstanding cultural symbols.
- New York: A written reflection from New York State.
- North Carolina: A copper disk engraved with an image of the North Carolina State Capitol Building.
- North Dakota: A commemorative coin representing the opening of the Theodore Roosevelt Presidential Library in Medora, North Dakota.
- The Northern Mariana Islands: A crescent-hewn symbol representing the Chamorro ancestors’ leadership and noble standing.
- Ohio: Fabric from the Wright Brothers’ flight honoring the state’s connection to the birth of aviation.
- Oklahoma: A belt buckle that features images that represent the “grit, determination and spirit” of the state.
- Oregon: A handcrafted pin created by Native American artist Lillian Pitt.
- Pennsylvania: A “Greetings from Harrisburg” letter from Governor Josh Shapiro.
- Puerto Rico: A rosary to represent the importance of faith in the island.
- Rhode Island: A holiday ornament meant to honor the state’s Revolutionary War legacy.
- South Carolina: A coin commemorating the work done by the state’s 250 Commission.
- South Dakota: A poetry book celebrating the state’s rivers, wildlife and homestead culture through a special edition of “This Far Country” authored by Joseph Bottum.
- Tennessee: An original poster designed by one of the state’s artists to highlight Tennessee’s agricultural history and cultural symbols, including its role in the Civil Rights movement and women’s suffrage.
- Texas: The state seal on a chiseled glass paperweight. The seal was designed in 1836 during the Texas Revolution.
- The U.S. Virgin Islands: A letter from Governor Albert Bryan, Jr.
- Utah: A set of 101 paper cards with different people that shaped Utah history.
- Vermont: A Battle of Hubbardton ornament. The battle was the only Revolutionary War battle fought entirely on what is now considered Vermont.
- Virginia: A challenge coin representing the state’s commemoration of America’s semiquincentennial.
- Washington: A letter from Washington State Lieutenant Governor Denny Heck to the future.
- West Virginia: A student essay authored by Alyssa Dalton titled “Remembering our Foundation” celebrating the nation’s 250th birthday. The essay was solicited from a statewide essay contest to recognize how “the young people… will continue to guide our state.”
- Wisconsin: An Eagle feather and photo of Old Abe, an American bald eagle who served with the Eighth Wisconsin Volunteer Infantry Regiment during the civil war.
- Wyoming: A letter from Governor Mark Gordon to future Americans.
Many of the capsule’s collections were specifically designed for the commemoration. For example, the Library of Congress contributed a molecular data storage device about 0.2 inches with synthetic DNA encoded with digital copies of the library’s items. It includes Thomas Jefferson’s rough draft of the Declaration of Independence, a 3D rendering of President Abraham Lincoln’s hand and an 1898 audio recording of the national anthem.
Companies such as Coca Cola and Apple along with museums like the Smithsonian Institute also contributed items.
South Dakota
South Dakota man whose life sentence was commuted by Noem now implicated in his niece’s death
Two men, including one whose life sentence was commuted by then-South Dakota Gov. Kristi Noem, have been charged in the death of a 14-year-old girl whose body was found in a rural area five days after she went missing in March.
McKenna Wendel was reported missing March 13 and last seen alive in her hometown of Sioux Falls early on March 14. Her body was found outside Brookings, an hour’s drive north of Sioux Falls, on March 19.
Wendel’s uncle, Mark Milk, 51, also of Sioux Falls, now faces five counts related to her death. Milk was almost three decades into a life term on a manslaughter conviction when Noem commuted his sentence in 2023.
Wendel was raised by her grandparents, loved animals and had a “vibrant personality and a zest for life,” according to her obituary. She and her grandparents were Rosebud Sioux Tribe members and attended powwows often.
“She loved the singing and the beautiful sounds of the drums,” her obituary read.
Details about Wendel’s death remained thin as authorities who announced the charges in a Sioux City, Iowa, news conference Thursday kept close what they knew to protect their investigation.
Authorities have said an autopsy was done, but the findings have not been released. The cause and manner of Wendel’s death would not be released yet per Justice Department policy, said Leif Olson, U.S. attorney for northern Iowa.
Milk faces five counts including possession with intent to deliver cocaine that caused Wendel’s death. He is also charged with transportation of a minor with the intent to engage in criminal sexual activity, according to court documents.
Jon Rogness, 38, of Brookings faces conspiracy and accessory charges in an alleged attempt to cover up the crimes. The counts against the men were the “most serious, readily provable” charges and all originated in Iowa, Olson said.
“This is a horrific case,” FBI special agent Gene Kowel said. “There are no cases that we investigate that are more heart-wrenching and more tragic than the ones that involve children or the death of a child.”
Court records showed no lawyers listed for Milk and Rogness, and no relatives could immediately be located through phone records and social media to speak on their behalf.
In February 2023, Noem commuted Milk’s life sentence for a manslaughter conviction in an October 1993 stabbing death. Milk, then 19, had been involved in several altercations in the city of Winner that ended with the death of Shawn Peneaux, according to records.
Milk was in jail on unrelated allegations of driving under the influence and eluding police when Wendel’s body was found. His name came up in public discussion about the case from the start. But prosecutors, who finished their investigation in late May, did not formally link him to Wendel’s death until filing charges Wednesday.
South Dakota Attorney General Marty Jackley said in a late March news conference the decision to commute Milk’s life sentence was strictly Noem’s.
“It is fairly often that you see law enforcement oppose commutations,” Jackley remarked without commenting further on Noem’s decision.
The commutation documents were sealed and even he had not seen them, he noted.
The Associated Press left a message Thursday for Noem on seeking comment through NovaRed Mining, a Canadian firm she recently joined in a “strategic advisory role.”
A Republican, Noem, 54, was South Dakota’s lone congressperson from 2011 to 2019 and governor from 2019 to 2025. She was Homeland Security secretary before being fired in March by President Donald Trump amid criticism of her handling of the administration’s immigration crackdown and disaster response.
Trump praised Noem’s leadership and said he was making her special envoy for “The Shield of the Americas.” The new organization of Western Hemisphere nations is focused on supporting democracy and security in the region.
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Gruver reported from Fort Collins, Colorado, and Billeaud from Phoenix, Arizona.
South Dakota
Road Trips Bring New Eyes to South Dakota
SIOUX FALLS, S.D. (KELO) — Bruno Calfa and his wife loaded their two dogs into an RV for a cross-country journey that started from Vancouver, Canada, and included a stop at Falls Park.
“We were passing by, and we were just like Googling what the things we must see when we are around and then we heard about the falls, and we just came to check it out,” Calfa said.
Calfa was impressed by the Sioux Falls scenery. But navigating a visit to Mount Rushmore was more challenging.
“We missed the four heads of the presidents. I should have turned left, I turned right, and got stuck in between bison for about 20-minutes. So they’re just liking the RV, checking the tires. It was interesting with two pups in the car,” Calfa said.
Seeing the country during a milestone anniversary is a family tradition for many visitors to South Dakota.
“When it was the 200th anniversary, I remember that one when we were kids. We’ve always taken road trips with our family, so that’s what we like to do, we like to drive,” Sasha Wilmes of St. Louis said.
Walking is good, too. We found these couples checking out the sites in downtown Sioux Falls.
“Yesterday, we did the southern part of the Phillips Avenue SculptureWalk, and that was great. Really nice shops. We both grew up in central Illinois, and it reminds me a lot of some of the towns in central Illinois,” Dave Massanari of Shapleigh, ME, said.
These first-time visitors shared their first impressions of South Dakota.
“It’s pretty flat, so far, on this end of South Dakota. It’s the old sea bottom, right,” Bruce Bagley of Overland Park, KS said.
The people we spoke with say there’s something about seeing America, and South Dakota in particular, from behind the wheel of a car, that you just don’t get flying in a plane from airport to airport.
“It’s a better view than from 30,000 feet. It’s much more interesting, you see different types of buildings and architecture and geography, much better than you would from the air,” Bagley said.
“You can just experience the landscape. You can stop when you want to if you see something interesting, you can get out,” Corinna Warren of Omaha, NE said.
The Great American Road Trip promotion is expected to draw more visitors to South Dakota during the crucial summer tourism season.
“Fingers are crossed that we’re going to have a better year than we did last year. Last year was a little flat. So we’re really hoping that our numbers are going to go up,” Experience Sioux Falls CEO Teri Schmidt said.
Visitors to the state say they haven’t been sidetracked by high gas prices or inflation.
“We kind of had that planned ahead of time, and we are going, so we have a Vrbo, we have a home base, and then we’re going to go out to different places from there. So that’s kind of how we’re going to do it. So we travel pretty economically anyway, so it’s fine,” Wilmes said.
“Some people have said we’re going to travel anyway, regardless of gas prices. Others have said we’re going to go on a 5-day trip, not a 10-day trip. And if they go on those shorter trips, Sioux Falls is perfect for that,” Schmidt said.
That’s why visitors from as far away as Canada are willing to go the extra mile and then some to come here.
“Most of the time, you hear about the East and the West, California, New York, or Florida. But you don’t really get to know the middle of the country. But there are so many beautiful places,” Calfa said.
And travelers say there’s no better time to soak in all that scenery than during America’s 250th anniversary.
“We grew up in the East, where it all began, where the Revolution was taking place, and there are historical markers everywhere,” said Anne Bagley of Overland Park, KS.
The nation’s past provides a roadmap to the present and future whenever people pull off and explore the vistas along their journey.
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