North Dakota will recover nearly $38 million from the federal government for expenses related to the 2016-17 protests against the Dakota Access Pipeline (DAPL), following a final settlement announced this past week by North Dakota Attorney General Drew Wrigley.
The agreement requires the federal government to reimburse the state $27.8 million for costs incurred during the protests. Combined with a previously secured $10 million payment, the total recovery amounts to nearly $38 million.
The settlement resolves a long-running dispute over the financial burden placed on North Dakota during months of demonstrations centered near the Standing Rock Sioux Reservation and federal lands managed by the U.S. Army Corps of Engineers.
On April 1, 2016, members of the Standing Rock Sioux Tribe and their allies established the Sacred Stone Camp near the proposed Dakota Access Pipeline route. Over the following months, thousands of Indigenous people representing hundreds of tribal nations, joined by supporters from around the world, gathered near Standing Rock in what became one of the largest Indigenous-led movements in modern history.
Protesters argued that the pipeline threatened tribal water supplies and sacred cultural sites while raising broader concerns about violations of tribal sovereignty.
On Dec. 4, 2016, the U.S. Army Corps of Engineers announced it would not grant an easement for the pipeline to cross beneath Lake Oahe, a decision celebrated by water protectors. That decision was reversed after President Donald Trump took office and directed the Army Corps to expedite the project. By late February 2017, law enforcement had cleared the remaining camps, bringing the nearly 10-month resistance to an end.
Following the DAPL resistance, North Dakota sued the federal government seeking reimbursement for law enforcement and other expenses associated with the demonstrations.
According to state officials, North Dakota’s emergency response lasted more than 230 days and involved 178 response agencies from multiple counties. Authorities reported making 761 arrests during the protests, including 709 involving individuals from outside North Dakota.
State officials argued that taxpayers should not have been responsible for the costs associated with law enforcement, emergency response operations, and cleanup efforts resulting from the demonstrations.
In a statement released following the settlement announcement, Wrigley credited the work of his office and the efforts of former Attorney General Wayne Stenehjem, who pursued reimbursement for the expenses before his death in 2022.
The Dakota Access Pipeline, which transports crude oil from the Bakken oil fields in North Dakota to Illinois, drew international attention in 2016 as thousands of Native Americans, environmental advocates, and supporters gathered near the Standing Rock Sioux Reservation to oppose its construction. Despite the opposition, the pipeline was completed and entered service in 2017. It has continued operating while undergoing additional federal environmental review following court challenges.
Last month, the U.S. Army Corps of Engineers finalized the pipeline’s Record of Decision, a milestone that state officials say provides greater long-term certainty for continued operations.
The reimbursement settlement concludes years of litigation and negotiations between North Dakota and the federal government over who should bear the costs associated with one of the largest and most closely watched Indigenous-led protest movements in recent U.S. history.
The agreement does not affect the pipeline’s ongoing operations or any separate legal challenges related to its permitting and environmental review.
