Feds Can't Add 'Political' Defense To ND's $38M Pipeline Suit

By Joyce Hanson (January 19, 2022, 8:38 PM EST) -- A North Dakota magistrate judge has rejected the federal government's bid to add new defenses to the state's $38 million suit against it for supposedly failing to control demonstrations against the Dakota Access Pipeline, saying it's too late for the U.S. to make those arguments.

Magistrate Judge Alice R. Senechal on Tuesday denied the government's Nov. 23, 2021, request to add defenses, arguing the state may have used excessive force, that it consented to the federal government's strategy on how best to respond to the protests and that North Dakota's claims are barred by the "political question doctrine."

Judge Senechal found...

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