ND's DAPL Protest Suit Survives Feds' Bid To Gut Claims

By Andrew Westney (October 20, 2021, 4:08 PM EDT) -- A North Dakota federal judge has rejected a bid to slash the state's suit seeking $38 million from the federal government for allegedly failing to control demonstrations against the Dakota Access Pipeline, saying the state clearly can try to recoup its costs to deal with the protests under the Federal Tort Claims Act.

The government had sought partial summary judgment against North Dakota's suit seeking payback for the costs to contain protests by thousands of Native Americans, environmentalists and others who sought to halt construction of the Energy Transfer Partners LP pipeline project from August 2016 through March 2017.

While the...

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