Vogel v. Marathon Oil Corporation

[¶ 52] I respectfully dissent. Vogel has asserted a proper cause of action under the Environmental Law Enforcement Act of 1975 (“ELEA”). The majority’s holding both frustrates the purpose of the ELEA and disregards its plain language.

[¶ 53] In paragraphs 23 and 24, the majority quotes N.D.C.C. § 32-40-06, which authorizes a person aggrieved by the violation of an environmental statute to bring action in district court and acknowledges that N.D.C.C. § 32-40-03(2) is an environmental statute as defined by the ELEA. However, the majority’s holding eviscerates the ELEA by requiring an aggrieved…