North Dakota landowners today faced a blow to their legal fight against state laws related to carbon dioxide storage. Judge Anthony Swain Benson of the Northeast Judicial District ruled that the Northwest Landowners Association’s claims are barred by the statute of limitations, siding with the state of North Dakota.
“It is unfortunate because this ruling only creates greater uncertainty for both industry and landowners,” Northwest Landowners Association Chairman Troy Coons said in a statement. “The issue will still be resolved by the courts, but the burden will be on individual landowners rather than allowing our organization to stand as their representative.”
Attorney Derrick Braaten, who represented the Northwest Landowners Association, said the group had not decided whether to appeal the decision to the North Dakota Supreme Court.
“Given that there’s no real established law on the issue, and it’s an open issue, there’s a good chance we would appeal,” Braaten said.
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