Category: In The News

“Tilting at Powerlines: Local Control of Large Energy Infrastructure”

Derrick recently presented for a webinar/CLE provided by CURE, a rurally based nonprofit dedicated to protecting and restoring resilient communities and landscapes.  Here is the link to the recording: Feel free to share with others who are interested in learning more about planning for clean energy development in your county. 

Emmons County appealing PSC ruling re: Summit Pipeline

Last Tuesday, the Emmons County Commission voted unanimously to file a legal challenge to the North Dakota Public Service Commission’s ruling regarding local ordinances on pipeline routes. The PSC had ruled against Emmons county on the local ordinance issue last month.  Braaten expects the court will not hear the case until after Summit’s pipeline route … Read More

Federal Judge Blocks Bridge Construction on Short Ranch

A federal judge granted the Short family an injunction in court yesterday, preventing Billings County from doing construction on the infamous Little Missouri River bridge crossing on the Short family’s ranch. From the Bismarck Tribune article:  The case will now likely move forward in state court where the family has filed a challenge to Billings … Read More

Conference on our Constitution

Our client, Northwest Landowners Association, will be hosting an educational Conference on January 17-18th 2024, as an opportunity for its members and the general public to learn more about landowner issues related to constitutional rights. Registration begins at 8 a.m. on January 17th. We encourage you to pre-register as seating may be limited. There will … Read More

Sargent County Landowners Win Significant Court Battle

Landowners in Sargent County, North Dakota, won a significant victory for landowners across the State of North Dakota, as well as for good governance and government transparency. The Drain 11 Improvement Project has been the poster child for a lack of due process and government transparency with respect to North Dakota’s water laws and water … Read More

Bismarck Tribune Editorial Cites Landowner Concerns

  The Bismarck Tribune published an editorial highlighting State Ag Commissioner Doug Goehring’s concern about proposed changes to state oil and gas rules. “He said they could create potential hardships for landowners, and the Tribune Editorial Board agrees.”  The editors’ final sentences say it best: The Tribune isn’t against enhanced oil recovery, but we believe … Read More

Latest “Bridge to Nowhere” News

The Prairie Blog has long featured reporting about the “Bridge to Nowhere,” the bridge that Billings County Commissioners want to build on the Short Family Ranch. Read the most recent blog post detailing some of the legal history of the fight between the County and the Shorts, and the recent detail related to eminent domain … Read More

Proposed Changes to Oil & Gas Rules May Put Landowners in Limbo

The Department of Mineral Resources is requesting public input for its proposed changes to state oil and gas rules. The proposed changes will offer guidelines promoting captured carbon dioxide emissions, among other issues. Landowners are concerned that these regulations could cause a problematic delay in reclaiming and plugging old wells, which could lead to environmental … Read More

NWLA filed amicus curiae (“friend of the court”) brief to support Landowners defending land from Summit Carbon Solutions

Our client, Northwest Landowners Association, filed an amicus curiae (“friend of the court”) brief to support landowners who are defending their land from Summit Carbon Solutions and an unconstitutional taking of private property. As we said to the Supreme Court of North Dakota in our brief: “Property rights are necessary to preserve freedom, for property … Read More

Summit Carbon Solutions Pipeline Permit Rejected by ND PSC

  Today, the North Dakota Public Service Commission unanimously rejected Summit Carbon Solutions’ route permit for its regional pipeline, the Midwest Carbon Express. Summit states it “respects the decision by the North Dakota Public Service Commission, and we will revisit our proposal and reapply for our permit.” Read more about today’s vote as well as … Read More