top of page
Criminalization of #NoDAPL Water Protectors
Mass criminalization of Water Protectors at Standing Rock by the State of North Dakota in over 800 cases and federal government, most resulting in dismissal.
- The #NoDAPL movement, which emerged in 2016 to oppose the construction of the Dakota Access Pipeline through unceded Standing Rock Sioux Treaty lands, was met not only with private security and law enforcement violence but also with widespread legal harassment. In total, over 836 state-level criminal cases were filed against Water Protectors in North Dakota, while federal authorities pursued an additional five cases, bringing the combined total to 841.
These prosecutions ranged from misdemeanor trespassing and unlawful assembly to more serious felony charges. Many charges were brought under overly broad or vaguely defined statutes, reflecting an attempt to criminalize Indigenous-led resistance and grassroots environmental activism.
State and Federal Criminalization
The North Dakota criminal justice system became a key instrument in the suppression of #NoDAPL activism. Water Protectors were often arrested during mass protest actions and prayerful demonstrations. Law enforcement tactics frequently blurred the line between public safety enforcement and punitive intimidation. These cases amplified the pressure on individuals already coping with the physical and psychological toll of militarized policing, private security harassment, and extensive surveillance documented during the #NoDAPL resistance.
Outcome of Criminal Cases
The Water Protector Legal Collective (WPLC) reported in 2019 a breakdown of state-court outcomes as its North Dakota criminal defense program came to a close. These numbers were also used in a report to the Inter-American Commission on Human Rights (IACHR). Of the 836 state-level cases, 392 were dismissed, 42 resulted in acquittals, 188 were resolved through pretrial diversion programs, 146 resulted in plea agreements (generally without jail time for out-of-state defendants), 26 resulted in convictions at trial, and 45 remained inactive or had outstanding warrants. Including the five federal prosecutions, the total number of cases brought against Water Protectors was 841. While precise counts fluctuate, it is clear that most prosecutions did not result in convictions.
Even where cases did not lead to convictions, the threat of legal action had immediate and lasting effects on Water Protectors. Individuals faced financial burdens, repeated court appearances, and the looming possibility of incarceration. The sheer volume of cases functioned as a form of strategic legal harassment, similar in effect to a SLAPP lawsuit. Legal advocacy organizations, including WPLC, provided representation, defended due process rights, and documented patterns of state and federal overreach.
Broader Context: Criminalization as Political and Environmental Suppression
The mass criminalization of Water Protectors at Standing Rock is part of a wider pattern of suppressing Indigenous and environmental activism in the United States. Enforcement strategies combined militarized policing, mass arrests, and selective prosecution with broader efforts to silence opposition to resource extraction projects on or near Indigenous lands.
Reports from human rights observers, independent journalists, and legal organizations have highlighted that criminalization at Standing Rock reflects systemic inequities in access to justice, the right to protest, and protection of Indigenous sovereignty.
Ongoing Legal Advocacy
The Water Protector Legal Collective continues to monitor, document, and respond to legal actions against Water Protectors. Beyond individual defense, these efforts aim to expose patterns of state-sanctioned criminalization, advocate for legal reform, and uphold the rights of Indigenous communities and environmental defenders resisting exploitation of their lands and resources.
bottom of page