Our client, The Northwest Landowners Association, has asked the state Supreme Court to rule on a lawsuit that questions the constitutionality of North Dakota’s underground storage laws. At the heart of the issue is a controversial provision known as “amalgamation.” This rule allows pore space storage—underground areas where CO2 and other substances can be stored—if 60% of affected landowners agree. Unlike eminent domain, however, amalgamation doesn’t give landowners the right to challenge the decision in court.
Braaten said his clients deserve the right to examine the dispersion model because that is what is used to determine how many landowners will be compensated for storing CO2 beneath their land and how much they will be paid.
“If you’re going to do this, there’s a fair way to do it,” Braaten said.
With the help of a petroleum engineering company, he said he was able to replicate the results of the EERC model, but that it took 20 days for the computer to generate the report.
He said he believes the EERC model is flawed and it would take two to three months to generate and submit a model that he thinks would be more accurate.
He said the appeal would be based on a lack of due process when he and his clients were not provided Summit’s model before a hearing in June.
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