Federal Judge Moves to Void $28M DAPL Protest Judgment Amid Settlement

A federal judge has agreed to nullify a nearly $28 million judgment against the federal government to facilitate a settlement with North Dakota over costs incurred during the Dakota Access Pipeline protests, according to a report from the North Dakota Monitor.

U.S. District Court Judge Daniel Traynor indicated he would vacate the judgment following a hearing on Friday, May 8, 2026. The move allows the state and the U.S. Department of Justice to settle a lawsuit filed in 2019, avoiding a protracted appeals process. While the exact settlement amount was not disclosed, North Dakota Attorney General Drew Wrigley described the pending payment as "satisfactory," and attorneys for the state called it a "substantial monetary payment."

The lawsuit stemmed from the 2016 and 2017 demonstrations in south-central North Dakota against the construction of the Dakota Access Pipeline (DAPL). North Dakota claimed the federal government unlawfully allowed protesters to camp on federal land, causing the protests to grow in size and intensity and forcing the state to spend millions on policing and cleanup. The United States has denied these allegations.

Judge Traynor had originally sided with the state in April 2025, ordering the executive branch to pay North Dakota $28 million. The Department of Justice appealed that decision to the 8th Circuit Court of Appeals. The proposed settlement would vacate that judgment and three other orders in which Traynor ruled against the federal government, including the court's 120-page ruling from April 2025.

Department of Justice attorney Jonathan Guynn argued for vacating the orders, stating, "The downstream consequences of keeping these on the books is troublesome for the United States." He indicated that if Traynor did not agree to void the rulings, the United States would likely withdraw from the settlement and proceed with its appeal.

Attorneys for both parties said putting the nearly seven-year-old lawsuit to rest would save the public time and money. "We’re hoping we really don’t need to fight any further," Guynn said during the hearing. While the vacated orders could have set precedent for holding the federal government accountable under the Federal Tort Claims Act, state attorneys concluded the benefit of settlement outweighed that potential utility.

For Bakken operators and the state, the resolution removes lingering legal uncertainty surrounding the historic protest period that disrupted pipeline operations. A final settlement provides financial compensation for North Dakota taxpayers for costs related to maintaining order and protecting critical energy infrastructure in the Williston Basin.