Continental Resources v. N.D. Dep't. of Environmental Quality
Docket No. 20190087
Oral Argument:
Thursday, September 5, 2019 1:30 PM
Docket Info
- Title
- Continental Resources, Inc., Plaintiff and Appellant
v.
North Dakota Department of Environmental Quality, Defendant and Appellee - Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
-
Case No. 2018-CV-02160
South Central Judicial District, Burleigh County
Bruce A. Romanick
2019 ND 280935 N.W.2d 780
Oral Argument
9/5/2019
Highlight
Where the legislature has deferred to an administrative agency’s expertise to develop rules, and has declined to provide clear direction on the substance of the rules to be developed, the “purely legal question” exception to the exhaustion of administrative remedies does not apply.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLANT | PRIVATE PRACTICE | Lawrence Bender - 03908 |
| APPELLANT | PRIVATE PRACTICE | Not Licensed in ND - 00002 |
| APPELLANT | PRIVATE PRACTICE | Not Licensed in ND - 00002 |
| APPELLANT | PRIVATE PRACTICE | Not Licensed in ND - 00002 |
| APPELLEE | ATT. GENERAL OFFICE | Margaret Irene Olson - 06352 |
| APPELLEE | ATT. GENERAL OFFICE | Jennifer Leigh Verleger - 06732 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 03/18/2019 | NOTICE OF APPEAL : 03/18/2019 | |
| 2 | 03/18/2019 | ORDER FOR TRANSCRIPT (transcript already filed in trial court record) | |
| 3 | 03/19/2019 | ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W. | |
| 4 | 03/19/2019 | ANNOUNCED DISQUALIFICATION : Tufte, Jerod E. | |
| 5 | 03/19/2019 | Received $125 filing fee | |
| 6 | 03/21/2019 | Corrected Order for Transcript | |
| 7 | 03/21/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 8 | 03/21/2019 | Notice served on Lawrence Bender, Jason B. Hutt, Matthew G. Paulson, & Margaret I. Olson | |
| 9 | 03/26/2019 | Affidavit of Jason B. Hutt in support of Admission to Practice Pro Hac Vice | |
| 10 | 03/26/2019 | Affidavit of Matthew G. Paulson in support of Admission to Practice Pro Hac Vice | |
| 11 | 04/02/2019 | ELECTRONIC TRANSCRIPT DATED DECEMBER 3, 2018 | |
| 12 | 04/02/2019 | C.O.S. FOR TRANSCRIPT | |
| 13 | 04/17/2019 | ELEC. RECORD ON APPEAL DATED APRIL 16, 2019 (ENTRY NOS. 1 - 70) | |
| 14 | 04/26/2019 | Rec'd noncompliant ATB (asked for corrections). | |
| 15 | 04/26/2019 | APPELLANT APPENDIX | |
| 16 | 04/29/2019 | MOTION FOR Substitution of Party | |
| 17 | 04/30/2019 | ACTION BY CLERK | |
| 18 | 05/01/2019 | Rec'd $35.50 surcharge for ATA overage (Receipt No 27034) | |
| 19 | 05/02/2019 | APPELLANT BRIEF | View |
| 20 | 05/02/2019 | Oral Argument Request by Appellant | |
| 21 | 05/08/2019 | Rec'd 6 copies of ATB/ATA from Central Duplicating | |
| 22 | 06/03/2019 | APPELLEE BRIEF | View |
| 23 | 06/03/2019 | APPELLEE APPENDIX | |
| 24 | 06/07/2019 | Rec'd 6 copies of AEB and AEA from Central Duplicating | |
| 25 | 06/07/2019 | Rec'd Not. of Appear. from Jennifer L.Verleger, in addition to Margaret Olson, counsel for Appellee | |
| 26 | 06/11/2019 | Appellant submits 28(k) letter (stricken on June 19, 2019) | |
| 27 | 06/11/2019 | Appellee's letter requesting the Court to reject 28(k) letter | |
| 28 | 06/13/2019 | Appellant's response to Appellee's request to reject 28(k) letter | |
| 29 | 06/17/2019 | REPLY BRIEF (withdrawn - portions stricken) | |
| 30 | 06/19/2019 | ACTION BY SUPREME COURT (28(k) letter stricken) - Granted | |
| 31 | 06/20/2019 | Rec'd 6 copies of RYB from Central Duplicating | |
| 32 | 06/24/2019 | MOTION TO STRIKE PORTIONS OF REPLY BRIEF | |
| 33 | 06/26/2019 | APPELLANT'S RESPONSE IN OPPOSITION TO MOTION TO STRIKE w/ exhibit | |
| 34 | 06/27/2019 | Replacement Exhibit A to Response in Opposition to Motion to Strike | |
| 35 | 06/28/2019 | ACTION BY SUPREME COURT (strike reply brief portions - new reply brief required) - Granted | |
| 36 | 07/09/2019 | Corrected Reply Brief | View |
| 37 | 07/17/2019 | Rec'd 6 copies of RYB back from Central Duplicating | |
| 38 | 07/18/2019 | NOTICE OF MOOTNESS & MOTION FOR DISMISSAL - RspDue : 08/02/2019 | |
| 39 | 08/02/2019 | NOTICE OF ORAL ARGUMENT SENT | |
| 40 | 08/02/2019 | Response Filed to Notice of Mootness & Motion to Dismiss | |
| 41 | 08/07/2019 | Motion of Mootness/Motion for Dismissal and Response To Be Considered With the Merits | |
| 42 | 08/07/2019 | MOTION FOR Pro Hac Vice Admission and Affidavit Kevin M. Voelkel | |
| 43 | 08/07/2019 | ACTION BY CLERK (Voelkel authorized to appear) - Granted | |
| 44 | 08/12/2019 | SITTING WITH THE COURT : El-Dweek, Daniel Saleh | |
| 45 | 08/12/2019 | SITTING WITH THE COURT : Sandstrom, Dale V. | |
| 46 | 09/05/2019 | APPEARANCES: Lawrence Bender; Jason Hutt, Kevin Voelkel; Margaret Olson; Jennifer Verleger | |
| 47 | 09/05/2019 | ARGUED: Jason Hutt; Margaret Olson | |
| 48 | 09/05/2019 | ORAL ARGUMENT WEBCAST | |
| 49 | 11/26/2019 | DISPOSITION | |
| 50 | 11/26/2019 | UNANIMOUS OPINION : Jensen, Jon J. | View |
| 51 | 11/26/2019 | Costs on appeal taxed in favor of the Appellee | |
| 52 | 11/26/2019 | NO ACTION TAKEN (Motion to Dismiss the Appeal as Moot) | |
| 53 | 11/27/2019 | Judgment Sent to Parties on November 27, 2019 | |
| 54 | 01/10/2020 | MANDATE |