In the News

Braaten Law Firm involved in appeal of air permit issued to Davis Refinery.

Braaten Law Firm is representing organizations which have taken an appeal challenging the North Dakota Department of Health’s finding that the Davis Refinery near Theodore Roosevelt National Park would be classified as a synthetic minor source of air pollution. The appeal seeks a court to reverse the health department’s decision and send it back to … Read More

JJ England Represents Dakota Resource Council in Zoning Permit Fight

JJ England recently filed a complaint on behalf of Dakota Resource Council against Meridian Energy alleging the company’s zoning permit from Billings County is not valid. The complaint alleges the conditional use permit granted by Billings County in July 2016 is not valid because the company did not construct or begin operating the refinery within … Read More

Derrick Weighs In on Eminent Domain

Derrick Braaten was recently quoted in a Washington Post article about eminent domain. Full article can be found here.

Decision on water permit for refinery near national park months away

A recent article references JJ England’s representation of landowners neighboring a proposed refinery that has requested a new water appropriation permit. See the article HERE. A related article from the AP published by US News can be found HERE.

Inverse condemnation more rare to see than eminent domain cases

Derrick Braaten was recently quoted in an article regarding landowner rights related to the government’s power of eminent domain. See the article HERE. A related article regarding a recent landowner verdict in an inverse condemnation action against the City of Lincoln can be found HERE.

ND regulators approve pipeline upgrade, new gas plant

Attorney Derrick Braaten was recently quoted in an article about the Cenex pipeline. Braaten Law Firm represents a group of landowners who intervened in the ND PSC proceedings, and who are seeking to negotiate voluntary easements with the company. See the full article here.

Dakota Access still owns Morton County ranch on pipeline route

Derrick Braaten was quoted recently in an article about the continued ownership of a ranch by Dakota Access. Braaten Law Firm is involved in a lawsuit brought by Farm Bureau to challenge the validity of North Dakota’s anti-corporate farming laws. The firm also represented a large group of landowners and successfully negotiated easements on their … Read More

Deleted Oil and Gas Division emails resurrected as troublesome issue

After reviewing about 38,700 emails of State Oil and Gas Division employees that were on their way to a permanent cyber dump grounds, a Bismarck attorney is calling for a policy to protect important information for the public. Derrick Braaten said it’s possible the division committed a Class C felony for destroying public records after … Read More

Seven long years: ND organic farmer wins USDA appeal

But Braaten says lawyers experienced with NRCS jargon and procedures can help. Sometimes farmers can get their lawyer fees paid through the Equal Access to Judgment Act. “Sometimes there isn’t a lot of money at stake and we can go through the file with the farmer and explain how we’d present the case,” he says. … Read More