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

Parties' Statement of Issues

  • Appellant

    [¶ 1] Whether the Court erred in finding that the United States Environmental Protection Agency was an indispensable party pursuant to N.D.R.Civ.P. 19 and N.D.C.C. § 32-23-11 where no challenge to the State Implementation Plan approval was alleged.
    [¶ 2] Whether the Court erred in finding that it lacked subject matter jurisdiction pursuant Section 307(b)(l) of the Federal Clean Air Act when the action sought only the Court’s interpretation of a state regulation.
    [¶ 3] Whether the Court erred in finding that Continental Resources, Inc.’s action for declaratory judgment was not ripe for judicial determination, despite Continental Resources, Inc.’s good faith allegation that the seeds of a controversy exist at over 1000 facilities.

  • Appellee 1

    1. Whether Continental Resources, Inc.’s appeal is based on the flawed premise that the Department1 changed its interpretation and application of the Rule when instead it is Continental Resources, Inc.’s requested declaration that would change the meaning of a United States Environmental Protection Agency-approved rule, and weaken North Dakota’s state implementation plan.
    2. Whether the District Court acted within its discretion by dismissing Continental Resources, Inc.’s complaint under Rules 12(b)(7) and 19 because the United States Environmental Protection Agency is a required and indispensable party.
    3. Whether the District Court correctly dismissed Continental Resources, Inc.’s complaint under Rule 12(b)(6) for failure to state a claim under N.D.C.C. § 32-23-11 because the United States Environmental Protection Agency cannot be made a party.
    4. Whether the District Court correctly dismissed Continental Resources, Inc.’s complaint under Rule 12(b)(1) for lack of subject matter jurisdiction because the federal Clean Air Act vests exclusive jurisdiction with the federal appellate courts.
    5. Whether the District Court correctly dismissed Continental Resources, Inc.’s complaint under Rule 12(b)(6) for failure to state a claim because the action is not ripe.


Briefs

Filing Date Description
05/02/2019 APPELLANT BRIEF View
06/03/2019 APPELLEE BRIEF View
07/09/2019 Corrected Reply Brief View

Counsel

Party Type Name
APPELLEE ATT. GENERAL OFFICE Jennifer Leigh Verleger - 06732
APPELLANT PRIVATE PRACTICE Not Licensed in ND - 00002
APPELLANT PRIVATE PRACTICE Lawrence Bender - 03908
APPELLEE ATT. GENERAL OFFICE Margaret Irene Olson - 06352

(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 03/26/2019 Affidavit of Jason B. Hutt in support of Admission to Practice Pro Hac Vice
8 03/26/2019 Affidavit of Matthew G. Paulson in support of Admission to Practice Pro Hac Vice
9 04/02/2019 ELECTRONIC TRANSCRIPT DATED DECEMBER 3, 2018
10 04/02/2019 C.O.S. FOR TRANSCRIPT
11 04/17/2019 ELEC. RECORD ON APPEAL DATED APRIL 16, 2019 (ENTRY NOS. 1 - 70)
12 04/26/2019 Rec'd noncompliant ATB (asked for corrections).
13 04/26/2019 APPELLANT APPENDIX
14 04/29/2019 MOTION FOR Substitution of Party
15 04/30/2019 ACTION BY CLERK
16 05/01/2019 Rec'd $35.50 surcharge for ATA overage (Receipt No 27034)
17 05/02/2019 APPELLANT BRIEF View
18 05/02/2019 Oral Argument Request by Appellant
19 05/08/2019 Rec'd 6 copies of ATB/ATA from Central Duplicating
20 06/03/2019 APPELLEE BRIEF View
21 06/03/2019 APPELLEE APPENDIX
22 06/07/2019 Rec'd 6 copies of AEB and AEA from Central Duplicating
23 06/07/2019 Rec'd Not. of Appear. from Jennifer L.Verleger, in addition to Margaret Olson, counsel for Appellee
24 06/11/2019 Appellant submits 28(k) letter (stricken on June 19, 2019)
25 06/11/2019 Appellee's letter requesting the Court to reject 28(k) letter
26 06/13/2019 Appellant's response to Appellee's request to reject 28(k) letter
27 06/17/2019 REPLY BRIEF (withdrawn - portions stricken)
28 06/19/2019 ACTION BY SUPREME COURT (28(k) letter stricken) - Granted
29 06/20/2019 Rec'd 6 copies of RYB from Central Duplicating
30 06/24/2019 MOTION TO STRIKE PORTIONS OF REPLY BRIEF
31 06/26/2019 APPELLANT'S RESPONSE IN OPPOSITION TO MOTION TO STRIKE w/ exhibit
32 06/27/2019 Replacement Exhibit A to Response in Opposition to Motion to Strike
33 06/28/2019 ACTION BY SUPREME COURT (strike reply brief portions - new reply brief required) - Granted
34 07/09/2019 Corrected Reply Brief View
35 07/17/2019 Rec'd 6 copies of RYB back from Central Duplicating
36 07/18/2019 NOTICE OF MOOTNESS & MOTION FOR DISMISSAL - RspDue : 08/02/2019
37 08/02/2019 NOTICE OF ORAL ARGUMENT SENT
38 08/02/2019 Response Filed to Notice of Mootness & Motion to Dismiss
39 08/07/2019 Motion of Mootness/Motion for Dismissal and Response To Be Considered With the Merits
40 08/07/2019 MOTION FOR Pro Hac Vice Admission and Affidavit Kevin M. Voelkel
41 08/07/2019 ACTION BY CLERK (Voelkel authorized to appear) - Granted
42 08/12/2019 SITTING WITH THE COURT : El-Dweek, Daniel Saleh
43 08/12/2019 SITTING WITH THE COURT : Sandstrom, Dale V.