Category: Oil and Gas Law
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
Summit Project Raises Many Landowner Concerns
Derrick is quoted in a recent essay detailing the winding history of the Summit Carbon Solutions regional development plan. In this story by ESG University (Environmental Social Governance) Jason Speiss details his opinion that, “very few from North Dakota will benefit from this project, however they are the ones being forced to pay into it. All … Read More
Derrick and Troy Coons from NWLA Appear on “News and Views with Joel Heitkamp”
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 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
North Dakota Energy Bill Criticized as ‘Flat-Out Taking’ of Private Property Rights
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.
Mineral Owners Successful in Claim Against Statoil; Ruling Underscores Important Takeaways for Lease Language
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
Communicating with your Attorney
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
Finding Middle Ground
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
Landowner Rights Related to Accessing Offsite Spacing Units
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