Category: Oil and Gas Law

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

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

Regulators consider first major pipeline since DAPL

Attorney Derrick Braaten quoted in story about new pipeline: Bismarck attorney Derrick Braaten, who represents about a handful of landowners along the proposed route, also petitioned to intervene in the case. The landowners want to make sure their interests are protected as they negotiate easements, with a focus on proper land reclamation, Braaten said. Regulators … Read More

Federal agency to review past flaring, could order royalties be paid

Attorney Derrick Braaten quoted in recent article regarding natural gas flaring, and legal actions intended to find a remedy for mineral owners. “Braaten said he still plans to pursue actions on behalf of royalty owners for flared gas.” “’Most of this flaring, there’s really no argument that the company owes royalties,’ Braaten said. ‘They’ve just … Read More