Derrick Braaten, a Bismarck attorney who represents landowners and royalty owners, said he doesn’t think the commission is taking the right approach to encourage investment. “To me, it’s too much of a nice guy approach,” Braaten said. “I understand being business-friendly, but businesses respond to regulatory environments, too.”
A company developing an oil refinery near Theodore Roosevelt National Park in North Dakota has supplied adequate information to justify drawing water from an underwater aquifer, State Water Commission officials testified Wednesday. An attorney for area landowners challenging the recommended permit for the Davis Refinery countered that information from developer Meridian Energy Group has been … Read More
Braaten recently commented on the Public Service Commission’s rules for wind energy projects. Braaten said he’s impressed with the commission’s progressive rules, but urges landowners to request additional bonding in agreements with wind companies because, in his experience, the bonding amount required for energy facilities is rarely enough to restore land. “We’re so much on the front end of the wind development,” Braaten said. “There’s just a lot of question marks.”
Some ranchers are upset about the proposed bridge in the Badlands. Attorney David Keagle represents the Short Family, whose property is the preferred location for the bridge, according to a draft environmental impact statement. Keagle says that Short’s family feels the costs of the project outweigh the benefits.
More than 100 people attended a public hearing to discuss a river crossing bridge proposed for north of Medora. Attorney David Keagle was present at the hearing and represents the Short family. He said the family feels the costs of the project outweigh the benefits. “It’s going to help a handful of people,” Keagle said.
Braaten represents Daryl Peterson, a ND farmer whose property has been the site of significant oil production-related spills. Daryl says it’s become his “life’s mission” to get some justice for his land, so he and his wife are suing the oil company, Petro Harvester. “It’s incumbent on me to protect my property to the best of my ability for myself and my family,” Peterson said. “Enough is enough.” Braaten says, “The Oil and Gas Division [of the Department of Mineral Resources] has a regulation that says you need to restore the land to its original condition. … I think anyone understands what that means,” he said. “When you get into the details, you start to understand how that’s not actually happening.”
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 a year, citing Billings County zoning ordinances that require a conditional use to be instituted within a year of the permit’s approval. DRC alleges that Meridian significantly changed plans for its refinery since obtaining the county permit but failed to apply for a new permit under the revised plans.
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 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 Braaten was recently quoted in a Washington Post article about eminent domain. Full article can be found here.