Archives: North Dakota

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Times Definitely Are a-Changin’

On Dec. 10, Bob Dylan, in absentia, received the 2016 Nobel Prize in literature. The title track of Dylan’s 1964 album The Times They Are a-Changin’ is one of the most celebrated protest songs. Undoubtedly, times are a-changin’ in Washington. President-elect Donald Trump recently announced his selection of Rex Tillerson, chairman and CEO of Exxon … Continue Reading

Eighth Circuit Holds Nonoperating Working Interest Owner and Engineering Contractor Not Liable For Negligence of On-Site ‘Company Hand’

On Aug. 5, 2016, the United States Court of Appeals for the Eighth Circuit affirmed summary judgment in favor of a nonoperating working interest owner, Oasis, and its engineering subcontractor, RPM Consulting, holding that neither owed a duty of care to an employee of a drilling rig operator. North Dakota, like Texas and other states, … Continue Reading

North Dakota Saltwater Disposal Enforcement Actions Highlight Key Legal and Social License Risks

Spills or improper disposal of oilfield produced water—which can be more than 10 times saltier than seawater and may also contain heavy metals and other chemicals—can turn even staunchly pro-oil and gas residents against drilling in their area.[1] Improper disposal and spills also can attract serious civil, and in some cases, criminal penalties. Several recent … Continue Reading

State of North Dakota Intervenes in Wyoming’s and Independent Producers’ Challenge to Hydraulic Fracturing Rule

The state of North Dakota moved to intervene yesterday in the state of Wyoming’s challenge to the Bureau of Land Management’s new hydraulic fracturing regulations. North Dakota—like Wyoming—asserts that the hydraulic fracturing regulations exceed the BLM’s statutory authority and contradict existing federal law—impermissibly encroaching on the states’ regulatory authority. North Dakota becomes the second state to … Continue Reading

Crude-by-Rail Still Outcompetes Pipelines in the Bakken

With low oil prices and producers slashing the rig count in the Bakken shale, it is fair to ask whether crude-by-rail will be able to compete with pipelines in the region. The bottom line is that crude-by-rail is likely to continue playing a vital role in carrying large amounts of crude—more than 700 thousand barrels … Continue Reading

Crude-by-Rail Update: Municipalities in the Bakken Push Back Against Increasing Train Traffic

Throughout the 19th and early 20th centuries, towns in the western United States grew and thrived around the railroad. In fact, the railroad tracks often became a central geographic feature within towns, birthing the colloquial phrase “the other side of the tracks.” But with increasing train traffic, largely due to unit trains transporting Bakken crude … Continue Reading

The Myth of the Regulatory Gap: BLM’s Proposed Hydraulic Fracturing Rule Compared to Existing State Law

For the better part of the last decade, oil and natural gas production from domestic wells has increased steadily. Technical advancements in identifying promising sources of oil and gas and extracting hydrocarbons from previously inaccessible formations has allowed domestic producers to reach production levels once thought impossible. Virtually all of this increased production has come … Continue Reading

North Dakota Reminds Negotiators: Be Careful What You Say

Do you think that what you say when negotiating a mineral lease does not matter once the agreement is inked and contains boilerplate language declaring it to “supersede all prior negotiations” and “be the complete agreement between the parties”?  Think again.  The North Dakota Supreme Court recently reminded negotiators that what you say does matter … Continue Reading

North Dakota LNG Announces Construction of North Dakota’s First Liquefied Natural Gas Processing Facility

In a press release on Wednesday, North Dakota Governor Jack Dalrymple and officials with North Dakota LNG (NDLNG) announced the construction of a liquefied natural gas (LNG) processing facility to be located in Tioga, North Dakota. This will be North Dakota’s first LNG processing facility. Operations at the facility will start this summer. The facility … Continue Reading
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