Category: Oil and Gas Law
Troy Coons, the Chairman of the Board of Directors of Northwest Landowners Association, and Derrick Braaten recently joined Joel Heitkamp to discuss a recent lawsuit that NW Landowners Association won against the State of North Dakota and Continental Resources, Inc. Listen to their discussion here.
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
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
Senate Bill 2344 follows a study that found it may be economically viable to temporarily store natural gas underground as an alternative to flaring. We’re representing landowners that could be affected by this new legislation. This article contains several quotes from Derrick Braaten that outline the challenges this bill presents. Read the full story here.
We are thrilled for our clients that we successfully resolved a North Dakota Supreme Court appeal of a case interpreting an oil and gas lease’s termination provisions in our clients’ favor. See Johnson v. Statoil Oil & Gas LP et al., 2018 ND 227. While we are pleased with the result, the case also carries … Read More
Several years back, I was fortunate enough to have a farmer invite me out to his place to show me around a bit. His goal was to help me understand some of the very significant, everyday impacts oil and gas development can have on a farmer or rancher out in northwestern North Dakota. Although I … Read More
Several years ago I spoke at the International Legislators Forum, which is an annual meeting of legislators from Manitoba, Minnesota, and North and South Dakota put on by the Consensus Council. The forum “provides an opportunity for delegates to share information, understand problems, build relationships, and develop collaborative agreements on a wide variety of issues….” … Read More
This post outlines the rights of a landowner in a situation where an oil company is drilling a well, and the well pad is outside of the spacing unit, or the pool of oil into which they are drilling. It is a complex issue to cover in this column, but I believe it is extremely … Read More
There has been a lot of discussion in the past couple years about pipeline fatigue. I suggest to everyone, including the landowners in the oil patch, that there is no such thing as pipeline fatigue. But before you tell me I’m crazy, hear me out. Our firm filed a number of class actions a couple … Read More
Easements are a recurring issue for landowners and I regularly receive calls with a number of common questions. As oil and gas gathering infrastructure catch up with the boom, landowners in the region will continue to receive requests for easements. If you receive an easement proposal, it is an important preliminary question whether the developer … Read More