Hawley v. Board of Oil & Gas Conservation

¶1 This is an appeal by the Board of Oil and Gas Conservation, Department of Natural Resources and Conservation, (the “Board”) from an order of the Ninth Judicial District Court, Pondera County, vacating the Board’s September 4,1997 administrative Order (hereafter Board Order No. 104-97) and October 1,1997, Order to Terminate Production Operations in wells being operated by Respondents, Merrill S. Hawley and Carol Hawley, partners in Hawley Oil (“Hawley”).

¶2 The issue presented is whether the Board, absent an emergency, has authority to order that producing oil wells be shut-in. We reverse…