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[h=1]Judge rules against ND in dispute over grasslands[/h]
Section line roads may not be constructed through the Little Missouri National Grasslands, according to a recent court opinion.
LAUREN DONOVAN, TRIBUNE
A federal judge ruled against North Dakota this week in a legal battle over whether roads can be built in the protected Little Missouri National Grasslands.
U.S. District Court Judge Daniel Hovland dismissed lawsuits brought by the state and four western North Dakota counties, saying they waited too long to bring their claims against the federal government.
North Dakota and four counties, McKenzie, Slope, Golden Valley and Billings, filed claims in 2012, arguing they have the right to build roads along section lines managed by the U.S. Forest Service within the Little Missouri National Grasslands.
Ninety-five percent of the grasslands are open to roads and 5 percent is designated as roadless.
The controversy over section lines dates several years but was amplified by oil and gas development in western North Dakota, including on lands owned by North Dakota scattered throughout the Little Missouri Grasslands, Hovland wrote.
In dismissing the case, Hovland ruled this week the claims from North Dakota and the counties exceeded the statute of limitations.
Conservationists, including Wayde Schafer with the Dacotah Chapter of the Sierra Club, consider the ruling a victory that protects the Little Missouri National Grasslands from having roads constructed on every mile.
“That’s certainly not what people want to see out in the Badlands,” Schafer said.
But others argue it’s a state’s rights issue. North Dakota Attorney General Wayne Stenehjem said his office was reviewing the 72-page decision and considering filing an appeal.
Stenehjem said the state maintains it has owned the section lines since statehood.
North Dakota’s congressional delegation issued a joint statement Friday saying they’re urging federal officials to review and resolve public road and access issues in and around the Little Missouri, Sheyenne and Cedar River National Grasslands.
“We respectfully ask that the U.S. Department of Agriculture and U.S. Justice Department review and reconsider the critically important public road and access issues currently involved in litigation with the state,” said the statement from Sens. John Hoeven and Heidi Heitkamp and Rep. Kevin Cramer.
The delegation requested Agriculture Secretary Sonny Perdue and Attorney General Jeff Sessions work with North Dakota and the affected counties to find a “mutually acceptable settlement.”
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[h=1]Judge rules against ND in dispute over grasslands[/h]
- AMY DALRYMPLE Bismarck Tribune
- Jun 30, 2017

Section line roads may not be constructed through the Little Missouri National Grasslands, according to a recent court opinion.
LAUREN DONOVAN, TRIBUNE
A federal judge ruled against North Dakota this week in a legal battle over whether roads can be built in the protected Little Missouri National Grasslands.
U.S. District Court Judge Daniel Hovland dismissed lawsuits brought by the state and four western North Dakota counties, saying they waited too long to bring their claims against the federal government.
North Dakota and four counties, McKenzie, Slope, Golden Valley and Billings, filed claims in 2012, arguing they have the right to build roads along section lines managed by the U.S. Forest Service within the Little Missouri National Grasslands.
Ninety-five percent of the grasslands are open to roads and 5 percent is designated as roadless.
The controversy over section lines dates several years but was amplified by oil and gas development in western North Dakota, including on lands owned by North Dakota scattered throughout the Little Missouri Grasslands, Hovland wrote.
In dismissing the case, Hovland ruled this week the claims from North Dakota and the counties exceeded the statute of limitations.
Conservationists, including Wayde Schafer with the Dacotah Chapter of the Sierra Club, consider the ruling a victory that protects the Little Missouri National Grasslands from having roads constructed on every mile.
“That’s certainly not what people want to see out in the Badlands,” Schafer said.
But others argue it’s a state’s rights issue. North Dakota Attorney General Wayne Stenehjem said his office was reviewing the 72-page decision and considering filing an appeal.
Stenehjem said the state maintains it has owned the section lines since statehood.
North Dakota’s congressional delegation issued a joint statement Friday saying they’re urging federal officials to review and resolve public road and access issues in and around the Little Missouri, Sheyenne and Cedar River National Grasslands.
“We respectfully ask that the U.S. Department of Agriculture and U.S. Justice Department review and reconsider the critically important public road and access issues currently involved in litigation with the state,” said the statement from Sens. John Hoeven and Heidi Heitkamp and Rep. Kevin Cramer.
The delegation requested Agriculture Secretary Sonny Perdue and Attorney General Jeff Sessions work with North Dakota and the affected counties to find a “mutually acceptable settlement.”
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