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Project will be built on the old Four Seasons Mall site.
Citizen efforts to block organized hauling are again rebuffed.
Authorities have released the victims' identities and arrested a 22-year-old driver.
The judge would not grant an injunction based on the argument that state law pre-empts the rule.
The deaths happened in northern North Dakota near the town of Belcourt after a chase involving a stolen truck, according to reports.