BISMARCK (KFGO) – Trial begins Thursday in Bismarck to determine if the federal government will pay the state of North Dakota compensation for damages during the Dakota Access Pipeline protests.
The state has been battling to recoup $38 million in damages tied to the protest south of Mandan between 2016 and 2017.
They say the federal government and the U.S. Army Corps of Engineers’ failure to contain the protests or assist law enforcement resulted in the damages.
According to the lawsuit, activists illegally occupied federal lands engaged in unlawful, destructive, and violent acts, and left North Dakota without assistance to protest public safety.
Two months ago, U.S. District Judge Daniel Traynor issued an order saying the federal government would face North Dakota’s claims at trial for the emergency response costs and agreed the federal government owed a “duty of care” to the state.
There will be no jury for the bench trial. Judge Traynor will determine all decisions of fact and law.
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