North Dakota Notches Court Win in Case on DAPL Protests’ Damages

WASHINGTON – US Senator Kevin Cramer (R-ND) issued the following statement to the District Court for the Department of North Dakota Judge Dan Traynor’s decision to deny the United States States’ motion for record control, which seeks to limit the scope of North Dakota’s claims seeking federal damages from the Dakota Access Pipeline (DAPL) protests:

“Judge Traynor has the right to deny the Justice Department’s motion, which is based more on arrogance than reality. The collaboration of many federal agencies to facilitate illegal and often violent actions to shut down a pipeline properly and allow it to be exposed. The State of North Dakota should not make its case with both hands tied behind their backs. Access to witnesses and evidence from all participating organizations is essential and necessary. This is a breakthrough in our state’s fight to ensure that the people of North Dakota are fully compensated for the government’s negligence. I look forward to seeing what this new path of discovery turns out to be. “

The judgment said, “The USACE’s failure to comply with the permit process has opened the door to North Dakota being harmed by the United States, its agencies, and third parties. The USACE has created a liability. It caused the activists and other government agencies are not willing to cause more damage and then leave North Dakota to clean it up.”

“[T]he Court agrees with North Dakota that it appears that the United States can use this motion to prevent discovery by other government agencies involved in this matter or causing harm for the State of North Dakota. A disaster that would not have happened but for the USACE’s bad luck,” continue the action.

Judge Traynor described the US Army Corps of Engineers’ failure during the DAPL strike as “huge federal government created mayhem” It was determined that other government agencies would have contributed to the disaster by the State of North Dakota and were involved in the ongoing investigation process.

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History:

In October 2021, District Court for the District Court of North Dakota Judge Dan Traynor denied the United States Attorney General’s motion for a Temporary Injunction seeking protection block North Dakota from claiming damages from the federal government against DAPL. Learn more here.

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Last summer, Senator Cramer discussed North Dakota’s DAPL Federal Tort Claims Act lawsuit in depth in an article in the Harvard Journal of Law & Public Policy on reforming state and federal environmental laws. right. He noted that there has been a continued struggle by the government to provide medical, administrative, and police services since the uprising. Learn more here.

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