DENVER – May 6, 2025 – Global law firm Greenberg Traurig, LLP recovered nearly $28 million for the State of North Dakota in a Federal Tort Claims Act (FTCA) case against the U.S. government after an eight-year saga.
North Dakota sued the United States under the FTCA for negligence, gross negligence, civil trespass, and public nuisance for its role in enabling, encouraging, and supporting large protests on federal lands against the Dakota Access Pipeline from 2016 to 2017. The nearly nine-months-long protests brought widespread violence and property destruction to North Dakota, which sought over $37 million in damages associated with emergency law enforcement response costs (which included support received from 13 sister states). After a five-week bench trial involving dozens of fact and expert witnesses, the court found in North Dakota’s favor, awarding the state all of its requested damages, reduced to $28 million in light of $10 million already paid by the United States.
“Essential to this enormous success were the efforts and contributions of numerous individuals and officials across North Dakota, both from the State (including two Governor’s administrations and the Attorney General) and County levels,” said Paul M. Seby, who developed the case and led the team from Greenberg Traurig. “Their unwavering collaboration and support were instrumental in achieving this outcome.”
The team was led by Seby, an Environmental Practice Principal Shareholder in Denver, and included Litigation Shareholder Paul B. Kerlin in Houston, Environmental Shareholder Christopher L. Bell in Houston and Washington, D.C., Environmental Of Counsel Matthew K. Tieslau in Denver, and Houston Litigation Associates, Kyle Dugan and Steven Higginbotham with litigation support from Kevin Collins, Paralegal, Denver, Jose Diaz in Miami and Rachel Hymel in Houston.