BISMARCK, N.D. – North Dakota is poised to receive a substantial monetary settlement from the federal government stemming from a high-stakes lawsuit over costs incurred during the Dakota Access Pipeline (DAPL) protests.
The nearly $28 million judgment awarded to North Dakota could be finalized soon following a recent federal court hearing, where both state and federal attorneys indicated they are close to an agreement that would end the nearly seven-year legal battle.
At the center of the case are the mass demonstrations that erupted in 2016 and 2017 near the pipeline’s route. The state blamed the federal government for allowing protestors to camp on federal lands without strict enforcement, claiming this led to increased policing and cleanup costs for North Dakota.
“We’re hoping we really don’t need to fight any further,” said Department of Justice attorney Jonathan Guynn during the Friday hearing, signaling a possible breakthrough after years of drawn-out litigation.
Settlement May Void Court Rulings to Clear Legal Path
As part of the tentative deal, the Department of Justice has requested that U.S. District Judge Daniel Traynor nullify his previous rulings, including the detailed 120-page April 2025 decision that found the federal government liable under the Federal Tort Claims Act.
The U.S. government’s legal team argues that while the rulings could still be cited, vacating them is necessary to prevent these findings from influencing future lawsuits, which they say could have “downstream consequences.”
If Judge Traynor rejects this condition, the federal government indicated the settlement talks could collapse, forcing the case to proceed with appeals in the 8th Circuit Court of Appeals.
Attorney General Drew Wrigley confirmed that the state views this trade-off as worth avoiding costly and lengthy appeals, emphasizing that the public stands to save significant resources with a settlement.
Background and Impact of the Dakota Access Pipeline Protests
The lawsuit was originally filed in 2019 after years of demonstrations by Native American groups and environmentalists opposed to the pipeline’s construction, citing threats to water supply and tribal sovereignty. The pipeline runs from northwest North Dakota to Illinois, crossing sensitive lands near the Standing Rock Sioux Reservation.
North Dakota initially sought $38 million in damages, but Judge Traynor’s ruling adjusted the sum to $28 million, deducting an earlier payment of $10 million already made by the Department of Justice.
The trial itself in early 2026 featured testimony from former governors, tribal activists, federal officials, and law enforcement personnel, underscoring the case’s complexity and political sensitivity.
What Comes Next?
With the appeal on hold since last summer due to ongoing settlement talks, the 8th Circuit will first need to remand the case back to Judge Traynor before any rulings can be officially vacated.
Once finalized, the settlement will provide North Dakota with critical funds to offset expenses that have lingered since the protests. It also signals an end to one of the longest legal battles linked to the controversial pipeline, which remains a flashpoint in nationwide debates over infrastructure, environmental protection, and Indigenous rights.
For South Carolina and other U.S. states, this case serves as a precedent for how governments might manage costs related to protests and government land use — a matter of growing importance as activism shapes policy decisions across the country.
Attorney General Drew Wrigley: “We will make the settlement public once it’s finalized, marking closure to this long-standing dispute.”
The outcome will be closely watched by policymakers, environmental groups, and industry leaders alike as pipeline and energy infrastructure projects continue to spark legal and social challenges nationwide.
