ND Farmers Sues Over Saltwater Spills; ND Government "Regulators" In Court To Support Oil Companies [View all]

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DICKINSON, N.D. -- As North Dakota's government faces criticism for its alleged failure to regulate the oil and gas industry, state officials have sided with three oil companies in an ongoing lawsuit. The case, which has been in the works for several years, involves Daryl Peterson, a landowner from Bottineau County, who has complained that numerous saltwater spills on his property have not been properly cleaned up.

But after seeking legal representation and bringing a suit against the three oil companies -- Sagebrush Resource, Ballantyne Oil and Petro Harvester Operating Co. -- Peterson and his attorneys now find themselves facing the oil companies and the state's lawyers, even though the state is not named in the lawsuit.

The circumstances of the case have created an odd legal situation, where state officials with the North Dakota Industrial Commission and the Oil and Gas Division, have become parties to the defense but continue to operate as the adjudicating bodies that are supposed to decide the case.

"It's like we brought an action in district court, and the district judge is acting like we are suing them, even though what we are really asking for is a decision," said Derrick Braaten, Peterson's attorney. "Quite frankly, I'm utterly confused by it." The legal dispute could provide more ammunition to critics who have argued that the state Department of Health and the Department of Mineral Resources, North Dakota's main oil regulatory agencies, have bowed to the interests of oil companies, to the detriment of landowners and residents.

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http://billingsgazette.com/business/features/state-sides-with-oil-companies-in-lawsuit-by-landowner-over/article_e8d8efdc-be98-5790-a8d2-999b428922b9.html