Federal Government Pays North Dakota $28 Million to Settle Pipeline Policing Lawsuit

The federal government will pay North Dakota nearly $28 million to settle a lawsuit over policing costs during the 2016 Dakota Access Pipeline protests, Associated Press reports. Attorney General Drew Wrigley announced the final deal on June 11, 2026 — matching the $27,875,286 a federal judge had already awarded the state after trial.
The U.S. Department of Justice also dropped all appeals and issued a formal statement admitting the federal government "could have done more" under the Obama administration. It acknowledged that some protest conduct "was unlawful and not protected free speech," according to Newsday.
The dispute traces back to 2016, when thousands of protesters — calling themselves "water protectors" — occupied U.S. Army Corps of Engineers land near the Missouri River to block the Dakota Access Pipeline. North Dakota deployed a massive law enforcement response. Over 800 people were arrested Wikipedia reports. The standoff lasted until February 2017, when the last camps were cleared.
North Dakota sued the federal government in 2019 under the Federal Tort Claims Act, a law that lets states sue the U.S. government for damages. The state sought roughly $38 million in policing and emergency costs. The feds had already paid about $10 million in grants in 2017 and 2018, according to North Dakota Monitor. This settlement covers the remaining balance.
In April 2025, U.S. District Judge Daniel Traynor ruled the federal government liable on four counts: negligence, gross negligence, civil trespass, and public nuisance. He found the government had a clear duty to enforce laws on its own land — and failed to do so. The ruling awarded North Dakota $27.8 million, according to Associated Press.
The DOJ settled rather than risk a full appeals court ruling. By paying the judgment amount while disputing the court's legal reasoning, the government avoided setting a national precedent that could expose it to similar lawsuits from other states, West River Eagle reported.
North Dakota financed its 2016 law enforcement surge through loans from the Bank of North Dakota — the only state-owned bank in the country. The $27.8 million settlement will pay off what remains of those loans. Governor Kelly Armstrong said the deal "removes the financial burden from North Dakota taxpayers and places it on the shoulders of the federal government where it belongs," according to North Dakota Monitor.
Attorney General Wrigley said the DOJ's formal acknowledgment mattered as much as the money. "The people of North Dakota endured repeated acts of intimidation, violence, property destruction," he said. "We deeply appreciate those acknowledgments. They're a long time coming," he told Newsday.
The Dakota Access Pipeline remains operational today. But the Standing Rock Sioux Tribe — the original voice against the pipeline — has not stopped fighting. The tribe recently appealed a 2025 dismissal of its own lawsuit against the Army Corps of Engineers, still seeking a full environmental review of the pipeline's route under Lake Oahe, according to Earthjustice.
The legal fallout from the protests continues on other fronts too. A North Dakota state court handed pipeline operator Energy Transfer a $667 million verdict against Greenpeace in 2025 for its role in the demonstrations. Greenpeace has called the case a "SLAPP" lawsuit — a legal tactic used to silence activists — and is appealing the ruling, North Dakota Monitor reported.
Publishers
9
Articles
7
Reach
9