Black Hills Trucking, Inc. v. North Dakota Industrial Commission

[¶ 37] I respectfully dissent.

[¶ 38] Black Hills Trucking (“BHT”) argues the North Dakota Industrial Commission (“NDIC”) lacks jurisdiction over the discharge of produced saltwater on a public road. The majority responds by discussing NDIC’s general authority over petroleum well-site operations and disposal of oilfield wastes, including saltwater. Majority opinion, ¶¶ 12-19. But they do not examine the actual grounds on which NDIC seeks to impose nearly $1 million in penalties.

[¶ 39] Examination of the particular statutes and regulations relied upon by NDIC as a basis for the complaint in…