Federal Lawsuit Alleges Pipeline Trespass on Fort Berthold Reservation

Trust Mark
CK

Charles Kennedy

November 10, 2019

Tribal landowners Abrial Howard and Charles Fedak have filed a federal lawsuit against the Three Affiliated Tribes (MHA Nation) Chairman Mark Fox, Tribal Councilman Randy Phelan, and the engineering firm Bartlett and West, alleging illegal trespass and unjust enrichment.

The Core Dispute

The lawsuit claims that the tribe’s for-profit Section 17 corporation illegally installed water pipelines across private individual Indian allotments without obtaining consent, signing paperwork, or providing financial compensation. The plaintiffs are asking the court to determine how much water has flowed through these lines and how much money the named defendants have generated from them.

Widespread Impact and Environmental Concerns

The Fort Berthold Reservation sits at the center of North Dakota’s Bakken formation, a major oil-producing region. Tex Hall, representing the Fort Berthold Allotment Land and Mineral Owners Association, highlighted several critical issues compounding the situation:

  • Pervasive Trespassing: Hall estimates that roughly 300 other tribal landowners are experiencing similar issues with oil and gas companies laying flat hoses or pipelines across their land without permission.
  • Shifting Priorities: The report notes a systemic shift where the priorities of "Big Oil" and industrial developments have been placed above the welfare of local households and tribal citizens.
  • Environmental Fears: Tribal members are increasingly concerned that widespread drilling and undocumented industrial pipelines are actively polluting the reservation's land, air, and drinking water.

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