A federal judge has denied a motion by the U-S Justice Department, seeking to severely limit North Dakota’s $38 million lawsuit against the U-S for recovering damages related to Dakota Access Pipeline protests in 2017 and 18.
In Bismarck today (Fri), U.S. District Court Judge Daniel Traynor said that the Army Corps of Engineers abdicated its legal responsibilities… stating that the Corps’ “failure to follow the permitting procedure opened the gates to North Dakota being damaged by the U-S, its agencies and third parties.”
In Traynor’s words. “The (Corps) created a liability mess.” He added: “It let protestors and other hapless federal agencies exacerbate the damages, and then left North Dakota to clean it up.”
North Dakota Attorney General Drew Wrigley, who is continuing the state’s $38-million suit, said he was pleased to see the Court agree with the state, that “the U-S can be held responsible for the multi-million-dollar disaster it created or encouraged.”
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(Release from ND Attorney General Drew Wrigley: )
Today, U.S. District Court Judge Daniel Traynor denied the U.S Department of Justice’s motion seeking to severely limit North Dakota’s lawsuit against the United States for recovering the State’s extensive damages relating to protests the Dakota Access Pipeline in 2017 and 2018.
Judge Traynor held that “The (Corps’) failure to follow the permitting procedure opened the gates to North Dakota being damaged by the United States, its agencies, and third parties. The (Corps) created a liability mess. It let protestors and other hapless federal agencies exacerbate the damages and then left North Dakota to clean it up.”
“I am very pleased to see the Court agree with North Dakota that the United States can be held responsible for the multi-million-dollar disaster it created or encouraged,” said Attorney General Drew Wrigley.
Wrigley is continuing North Dakota’s lawsuit under the Federal Tort Claims Act, looking to recover $38 million in damages to State property and emergency law enforcement costs because of the Corps’ actions that enabled the massive protests over the construction of the Dakota Access Pipeline.“ As North Dakota’s chief law enforcement officer, I intend to see this action through because it is so consequential for the State of North Dakota and its citizens.”
Judge Traynor decided that “The (Corps’) failure to follow the permitting procedures permits North Dakota to seek damages from the resulting tortious conduct—the gigantic federally created mayhem” when it invited and enabled the protests that went beyond peaceful protests and included violent criminal activities that endangered the public (including protesters) and the environment. Wrigley said, “ Having negligently created the problem, the United States then left it to North Dakota to spend tens of millions of dollars protecting public safety and cleaning up the dangerous mess left behind.” .
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(Statement from Sen. Kevin Cramer: )
“Judge Traynor is right to deny the Department of Justice’s motion, which is based more on arrogance than facts. The coordinated efforts by several federal agencies to facilitate illegal and often violent activity to shut down a properly cited and permitted pipeline must be exposed. The State of North Dakota should not have to make its case with both hands tied behind their backs. Full access to witnesses and evidence from all of the participating agencies is important and appropriate. This is a promising win in our state’s vigorous fight to ensure the people of North Dakota are reimbursed fully for the federal government’s negligence. I look forward to seeing what this new avenue of discovery turns up.”
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