Legal Opinion

Environmental Driven Solutions, LLC v. Dunn County

North Dakota Supreme Court

Decided March 7, 2017No. 20160100PublishedCited by 12 opinions

1Opinion of the Court

Crothers, Justice.

[¶ 1] Dunn County appeals from a judgment declaring the Industrial Commission has exclusive jurisdiction to determine the location of oil and gas waste treating plants. We affirm, concluding the County-lacks the power to veto the Commission’s approval of the location for an oil and gas waste treating plant.

I

[¶ 2] In August 2013 Environmental Driven Solutions, LLC (“EDS”) received a permit from the Commission for a waste oil treating plant in Dunn County. The permit allowed EDS “to recycle and treat waste crude oil obtained from drilling operations, pit oil, swab oil, acid…

2Cases cited25 opinions

  1. The Wilderness Soc. v. Kane County, UtahCourt of Appeals for the Tenth Circuit · 2011
  2. Spradlin v. Acadia-St. Landry Med. Found.Supreme Court of Louisiana · 2000
  3. Shaw v. Burleigh CountyNorth Dakota Supreme Court · 1979
  4. State Ex Rel. Stenehjem v. FreeEats.com, Inc.North Dakota Supreme Court · 2006
  5. State v. BrownNorth Dakota Supreme Court · 2009

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3Cited by12 opinions

  1. Continental Resources, Inc. v. Counce Energy BC 1, LLCNorth Dakota Supreme Court · 2018
  2. Langved v. Continental Resources, Inc.North Dakota Supreme Court · 2017
  3. Somerset Court v. BurgumNorth Dakota Supreme Court · 2021
  4. Black Hills Trucking, Inc. v. North Dakota Industrial CommissionNorth Dakota Supreme Court · 2017
  5. Blue Appaloosa v. NDICNorth Dakota Supreme Court · 2022

7 more not listed; retrieve them via the Exa API.

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