| Greetings, Utah Energy United! Back in March we alerted you to one of the more curious stories of recent memory when we discussed the Greenpeace v. Energy Transfer Partners lawsuit regarding the protests over the Dakota Access Pipeline in 2016 and 2017. You can find that Utah Energy United blast here. The reason we highlighted this case is because a judge reduced Greenpeace’s liability from $660 million to $345 million, two numbers that are still mind-boggling. Both sides are still currently appealing that. Related, the State of North Dakota sued the U.S. Army Corps of Engineers in 2019 for $28 million in compensation for costs the state incurred during the Dakota Access Pipeline protests. Two weeks ago, U.S. District Court Judge Dan Traynor awarded the State of North Dakota that amount, according to a story in the North Dakota Monitor. Here’s what was at the heart of the lawsuit: The lawsuit, filed in 2019, concerned demonstrations against the construction of the crude oil pipeline, also known as DAPL, that took place in rural south-central North Dakota in 2016 and 2017. North Dakota alleged that the federal government caused the protests to grow in size and intensity by unlawfully allowing demonstrators to camp on federal land. One thing we’ve talked about in this space at length is no matter who occupies federal office, it behooves us as an industry – and as a trade group, more specifically – to remain vigilant and protect our members and their interests. Case in point from the article: While state leaders over the course of the lawsuit also placed the majority of the fault on Obama officials, former North Dakota Gov. Doug Burgum in a 2022 deposition and on the witness stand during a 2024 trial at times also expressed dissatisfaction with the Trump administration’s response. He testified in the lawsuit that the state asked the Trump administration to send federal agents to help clear out the protest camps in February 2017, but they didn’t.“We had to go ahead without them, more or less, on the cleanup,” he said on the witness stand during a four-week trial. We will actually have much more of this in a future Lunch & Learn scheduled for Tuesday, August 25, which you will be able to sign up for here. But since this is the news currently, we thought it prudent to share now. An interesting timing footnote here, too: “The U.S. Army Corps of Engineers recently granted the pipeline an easement to cross beneath the Missouri River’s Lake Oahe after a yearslong environmental review process. It has been operating for nine years.” For the full North Dakota Monitor article, click here. Thank you for your continued engagement with Utah Energy United. Happy Friday! Be sure to follow us on X, Facebook, and LinkedIn. And if you know someone who should be a part of Utah Energy United, get them to sign up here. Rikki Hrenko-Browning President Utah Petroleum Association 6905 S. 1300 E. #288 Cottonwood Heights, UT 84047 (435) 219-0963 rhrenko-browning@utahpetroleum.org  |
State of North Dakota v. U.S. Army Corps of Engineers