Federal Judge to Vacate $28M DAPL Protest Judgment as Settlement Finalized

A federal judge has signaled he will vacate a nearly $28 million judgment against the U.S. government, clearing the way for North Dakota to finalize a settlement over costs incurred during Dakota Access Pipeline protests. The decision moves the state closer to recouping millions spent on law enforcement and cleanup.

U.S. District Court Judge Daniel Traynor indicated his intent to vacate the judgment during a hearing on Friday, May 8, 2026, according to a report from the North Dakota Monitor. Attorneys for both the state and federal government stated that North Dakota is still expected to receive a payment, though the final settlement amount has not been disclosed.

The lawsuit, originally filed by North Dakota in 2019, argued that the federal government allowed protesters to camp on federal land near the Standing Rock Sioux Reservation during the prolonged demonstrations in 2016 and 2017. The state contended this led to extraordinary public safety expenses.

Judge Traynor had ruled in favor of North Dakota in April 2025, ordering the federal government to pay $28 million. According to court testimony, the Department of Justice sought to have Traynor’s rulings vacated as part of the settlement agreement. The goal is to prevent the legal findings from setting a precedent for future cases.

The resolution of this long-running financial dispute brings closure to a significant fiscal burden shouldered by the state. For Bakken operators and the region's oil and gas industry, the protests represented a major disruption to critical infrastructure. The Dakota Access Pipeline is a key conduit for moving Bakken crude to market.

The impending settlement removes a legal overhang and represents a financial recovery for North Dakota taxpayers. It addresses costs directly tied to maintaining order and protecting infrastructure during a period of intense national scrutiny on energy projects. The final payment, once disclosed, will provide a measure of reimbursement for state resources expended nearly a decade ago.