In The News

Pore Space Supreme Court Appeal In the News

Derrick was at the North Dakota Supreme Court yesterday, delivering oral arguments in an appeal related to the 2019 Pore Space legislation which was overturned by Judge Benson in 2021.  In that ruling, Judge Benson declared the law unconstitutional and concluded that it acted “to give North Dakota landowners’ value from pore space to the … Read More

Supreme Court to Hear Pore Space Oral Arguments

At Northwest Landowners‘ Information Expo last week, Derrick spoke about the pore space litigation currently in front of North Dakota’s high court. NWLA sued the state over a 2019 pore space law enacted by North Dakota legislators, which prevented landowners from fighting energy companies if their pore space was taken. Northeast District Judge Anthony Benson … Read More

Derrick to speak at Landowner Information Expo on March 16, 2022

Derrick will be speaking at the Northwest Landowners Association Information Expo on March 16th. The event is free to NWLA members, and there is a $20 fee for individuals and $100 for businesses to attend.  Derrick will give an update and lead discussion on pore space litigation. Many other landowner issues will be covered, and … Read More

Summit’s Midwest Carbon Express Pipeline Brings Landowner Concerns

Attorney Derrick Braaten was quoted in a recent Forum article about what’s shaping up to be the world’s largest carbon sequestration project in the world, the $4.5 billion Midwest Carbon Express. North Dakota is slated to be the final storage stop of the 2,000 mile pipeline network, capturing, moving, and ultimately storing carbon dioxide emissions … Read More

Sounding the Alarm – CARES Act Report

The Northwest Landowners Association recently commissioned a report from our firm regarding the CARES Act program. Their interest was related to how North Dakota used CARES Act funding to do reclamation work on abandoned oil wells in ND. The report provides context for thousands of pages of documents that were gathered related to the reclamation … Read More

Pore Space Leases – Review Examples Before Signing

The North Dakota legislature adopted a new law for underground storage of oil and gas in 2021. Our office has heard from many local landowners being approached by several different companies wanting to lease their pore space for various projects. Many people who signed standard leases when the oil boom hit western North Dakota came … Read More

Reactions to Senate Bill 2065 Becoming Law

Senate Bill 2065, a proposal to create a legal framework for permitting underground storage of natural gas, was recently approved by the North Dakota legislature and signed into law by Governor Doug Burgum last week.  However, prior to its approval, the path to this bill becoming law included weeks of subcommittee hearings and differences of … Read More