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Trial Set for North Dakota's $38M Dakota Access Pipeline Protest Costs Lawsuit

Judge denies federal government's dismissal motion, ruling U.S. Army Corps of Engineers failed to follow mandatory permitting procedures.

  • North Dakota's lawsuit against the federal government, seeking to recoup $38 million in costs incurred during the Dakota Access pipeline protests, is set for trial.
  • U.S. District Court Judge Daniel Traynor denied the federal government's motion to dismiss the case and ruled that the U.S. Army Corps of Engineers failed to follow its mandatory permitting procedures for the protest activities.
  • The protests, which took place from August 2016 to February 2017, drew international attention and resulted in hundreds of arrests and subsequent criminal cases.
  • In 2017, the pipeline company donated $15 million to help cover the response costs, and the U.S. Justice Department also gave a $10 million grant to the state for reimbursement.
  • A decision on the future of the pipeline, following a recently concluded public comment period on a court-ordered environmental review, is expected in late 2024.
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