GRAND FORKS, N.D. - Understanding the Dakota Access pipeline protests is a tall order. On either side of the dispute, nobody really understands how something like this could happen, and continue to happen.
The situation today is this: the Dakota Access pipeline is to run from western North Dakota to southern Illinois, and transport nearly 470,000 barrels of oil per day. To complete its mission, it must be routed underneath the Missouri river, and also near sacred tribal land, but it requires permitting, by federal and state entities. The progress of the pipeline, which is 70 percent complete, has been impeded by protesters, though federal and state permits have been secured.
Farmers understand the law regarding trespass. In North Dakota, NDCC 12.1-22-03 dictates that anyone who enters property without permission, and remains upon that property, can be charged with criminal trespass. The level of the charge ranges from a low level misdemeanor to a felony. Charges under this section are brought by a county State's Attorney, and are prosecuted in State District Court.
Could the protesters be charged with criminal trespass? Absolutely, but only if they are on land they have no right to be on. That element is disputed by some.
Local farmers have been heavily impacted by the protests, which are mainly occurring south of Bismarck. Many farmers have had property and equipment destroyed by protesters. And some have lost livestock, as well. This is criminal. And local law enforcement in this rural part of North Dakota is not equipped to handle the massive influx of people and activity.
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There are other criminal charges that could be brought, including obstruction of a government function. Additionally, there have been serious criminal charges filed against some specific protesters, including attempted murder against one who discharged a firearm toward law enforcement officers. The harrowing video of this incident can be accessed through Rob Port's sayanythingblog.com, which is thorough and informative for anyone needed facts and explanation of the events leading up to the present day.
But charging protesters with crimes doesn't necessarily solve the problem. So many cases have already been filed in state district court that there are not enough attorneys available to handle the defense work. Most of the defendants are indigent, and cannot afford private counsel, and the public defenders don't have time or resources to handle all of the cases.
Even the courts themselves don't have time or resources to handle the pending criminal cases. In fact, this week they went to the legislature asking for more money to handle the caseload that will be generated from the protests. The already strained court system was ill-equipped to deal with this issue long before it happened, so more funding isn't likely to make it better.
And if the legislature needs to appropriate money, then it has to come from somewhere. That is a controversial topic in itself, since the legislature is already strapped with drastic reductions in revenue, making funding new items a challenge.
Aside from the legal ramifications of this protest, there are serious safety concerns that continue to percolate. It would be a wonderful Christmas gift to hear that there was a safe ending to this matter.
Editor's note: Welte is an attorney with the Vogel Law Firm in Grand Forks, N.D., and a small grains farmer in Grand Forks County.
