The Latest: Activist faces felony charge in pipeline protest

BISMARCK, N.D. – The Latest on the proposed four-state, $3.8 billion Dakota Access oil pipeline. (all times local):

10:45 a.m.

An American Indian activist arrested along with 73 other Dakota Access oil pipeline opponents for allegedly trespassing on private land is now accused of inciting a riot.

Chase Iron Eyes could face up to five years in prison if convicted on the felony charge. He also faces a misdemeanour count of criminal trespass.

Iron Eyes and the others were arrested Wednesday after setting up teepees on land that authorities say is owned by the pipeline developer. Protesters say they were peacefully assembling on land they believe rightfully belongs to American Indians.

Iron Eyes issued a recorded statement from jail late Thursday. He doesn’t dispute his involvement but says he wasn’t the leader of the effort and had no authority to stop it.

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10:30 a.m.

North Dakota regulators say evidence presented at a hearing will determine whether the developer of the four-state, $3.8 billion Dakota Access oil pipeline violated state rules regarding the reporting of Native American artifacts.

Texas-based Energy Transfer Partners last October diverted construction of the pipeline around Native American artifacts without running the plan by the Public Service Commission, which oversees pipelines. Commission staffers say that warrants a fine of at least $15,000, even though the artifacts weren’t disturbed.

ETP maintains it didn’t intentionally violate state rules and in late November asked for the case to be dismissed. The three-member Commission this week rejected the request and said the company must provide evidence at a hearing.

An administrative law judge will oversee the hearing, but the PSC will make the final decision.