Category: Oil and Gas Law

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

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

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

Easements, Eminent Domain, and Landowner Rights

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