Category: In The News

Pore space bill advancing in legislature, landowners remain concerned

The House Energy and Natural Resources Committee endorsed Senate Bill 2065, which gives state regulators the authority to permit underground areas for natural gas, natural gas liquids or oil. Despite many meetings between its leaders, the oil and gas industry, state officials, lawmakers, and the Northwest Landowners Association, the version the committee endorsed did not … Read More

Northwest Landowners Association WINS Lawsuit against State of ND and Continental Resources, Inc. over Unconstitutional Taking of Private Property

Northwest Landowners Association (NWLA) filed a Complaint in state district court asking the court to declare Senate Bill 2344 an unconstitutional taking of private property. On January 21, 2021,the Northeast Judicial District Court issued its decision in favor of the Landowners, agreeing that it is an unconstitutional taking, and striking the law down in full. … Read More

Staying Informed About FERC Natural Gas Pipeline Proceedings If You Aren’t Given Formal Notice

According to the North Dakota Pipeline Authority, the state is home to almost 7,000 miles of transmission and distribution pipelines which support the “production, transportation, and utilization of North Dakota energy-related commodities.” If a pipeline, compressor station, or LNG facility is or will be involved in interstate transportation of natural gas, the Federal Energy Regulatory Commission (FERC) regulates that facility under Congressionally granted authority under the Natural Gas Act. As part of this authority, FERC approves siting and abandonment of facilities through … Read More

Advocacy groups question fracking grants from CARES Act funds

Dakota Resource Council and North Dakotans for Public Integrity, represented by Braaten Law Firm attorney JJ England, filed a complaint this week questioning the allocation of $16 million in CARES ACT funding toward fracking grants.   The complaint stated, “The combination of what appears to be an unlawful use of emergency CARES Act funds to provide … Read More

Pore Space Hearing Recording

On October 29, 2020, Derrick Braaten argued before Northwest District Judge Anthony Benson on behalf of the Northwest Landowners Association regarding the pore space law passed during the 2019 legislative session.  You can listen to the hearing here. 

Pore Space dispute heard by district court

Derrick Braaten recently delivered oral arguments at the on behalf of client Northwest Landowners Association regarding the Pore Space law that North Dakota lawmakers passed last Session. NWLA believes the law is unconstitutional, because it prevents landowners from bringing trespass or nuisance claims against oil companies and prevents them from obtaining compensation for the use … Read More

Little Missouri River Bridge Fight Continues

The legal battle surrounding the Billings County Commission’s plan to build a bridge over the Little Missouri River is heating up.  Recently the Commission announced its intention to use eminent domain on private land owned by the Short Family to construct the bridge. The Short Family is challenging this move with two lawsuits.  Read more … Read More

“The Commission’s position does not inspire confidence and respect in our regulatory system.”

The North Dakota Supreme Court sided with the State in their recent ruling, stating that state regulators did not need to review the location of the proposed refinery just 3 miles away from North Dakota’s #1 tourist attraction, Theodore Roosevelt National Park.  Justice Vandewalle dissented with the ruling, stating the dispute was really about whether … Read More