North Dakota Files Post-Trial Brief in Dakota Access Pipeline Trial

BISMARCK - Three months after North Dakota's Dakota Access Pipeline (DAPL) historic Federal Tort Claims Act (FTCA) trial against the federal government, the case is nearing its conclusion. The state of North Dakota filed its post-trial brief on Friday, urging U.S. District Court Judge Dan Traynor to rule in favor of the state and hold the federal government accountable for its facilitation of "public nuisance, negligence, gross negligence, and civil trespass" on Army Corps land.

The DAPL protests, which spanned April 2016 to February 2017, resulted in North Dakota's accrual of $38 million in damages. Earlier this year, North Dakota's FTCA suit to recoup damages stemming from federal refusal to assist with law enforcement came before the federal court in Bismarck. No state has ever prevailed at trial against the government using the FTCA. If North Dakota succeeds it would be precedent-setting.

U.S. Senator Kevin Cramer (R-ND) issued the following statement after the brief was filed:

"The federal behemoth's wrongdoing during the DAPL protests cost our state and taxpayers $38 million. Attorney General Drew Wrigley and his team summed up over a month of testimony in their post-trial brief, highlighting the federal government's complete dereliction of duty. I hope North Dakota's case makes history by forcing the federal government to finally admit fault."

Prior to the trial, Cramer penned an op-ed in Fox News, outlining the trial's importance. Detailed summaries from week one, two, three, four, and five provide additional information on individual witnesses.