North Dakota Seeks to Void $28M Pipeline Protest Ruling for Federal Settlement

State and federal government ask judge to rescind previous rulings in favor of a new settlement agreement.

Mar. 12, 2026 at 10:51pm

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North Dakota and the federal government have jointly asked a judge to void a nearly $28 million judgment against the federal government related to the Dakota Access Pipeline protests in 2016-2017. In exchange, North Dakota would receive a "substantial monetary payment" and the federal government would drop its pending appeal. The parties believe the time and money saved by avoiding further litigation is worth the trade-off, despite the potential loss of holding the federal government accountable through the previous rulings.

Why it matters

This case highlights the ongoing tensions between states and the federal government over issues like pipeline construction and environmental protests. The potential settlement could provide financial relief to North Dakota, but would also undermine previous court rulings that found the federal government responsible for the growth and intensity of the pipeline protests.

The details

In 2019, North Dakota sued the federal government, alleging it unlawfully allowed demonstrators to use U.S. Army Corps of Engineers land, causing the protests to grow. A judge sided with North Dakota in 2025, ordering the federal government to pay $28 million. The U.S. Department of Justice appealed, but the parties have now agreed to a potential settlement where North Dakota would receive a "substantial monetary payment" and the federal government would drop its appeal. As part of the deal, the parties have asked the judge to rescind his previous rulings against the federal government.

  • In 2019, North Dakota filed the lawsuit against the federal government.
  • In April 2025, a judge ruled in favor of North Dakota, ordering the federal government to pay $28 million.
  • In June 2025, the U.S. Department of Justice appealed the $28 million judgment.
  • In the summer of 2025, North Dakota and the federal government entered settlement negotiations.
  • In February 2026, the parties filed a request to have the judge rescind his previous rulings against the federal government.

The players

North Dakota

The state of North Dakota, which filed the lawsuit against the federal government over the Dakota Access Pipeline protests.

U.S. Department of Justice

The federal agency that appealed the $28 million judgment against the government and is now seeking a settlement with North Dakota.

Judge Daniel Traynor

The U.S. District Court judge who ruled in favor of North Dakota in 2025, ordering the federal government to pay $28 million.

Drew Wrigley

The Attorney General of North Dakota, who stated he could not provide further details about the tentative settlement agreement.

Standing Rock Sioux Tribe

The Native American tribe that protested the Dakota Access Pipeline in 2016-2017 on the grounds that it posed a threat to their water supply and sovereignty.

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What they’re saying

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident (San Francisco Chronicle)

“Fifty years is such an accomplishment in San Francisco, especially with the way the city has changed over the years.”

— Gordon Edgar, grocery employee (Instagram)

What’s next

The 8th Circuit Court of Appeals would first have to send the case back to Judge Traynor before he could grant the parties' request to rescind his previous rulings.

The takeaway

This case highlights the ongoing tensions between states and the federal government over issues like pipeline construction and environmental protests. The potential settlement could provide financial relief to North Dakota, but would also undermine previous court rulings that found the federal government responsible for the growth and intensity of the pipeline protests.