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Nat'l Parks Conservation Assn., et al. v. ND Dep't of Environmental Quality, et

Docket No. 20190095
Oral Argument: Tuesday, November 5, 2019 1:30 PM

Docket Info

Title
National Parks Conservation Association, Appellant
and
Environmental Law & Policy Center, and
Dakota Resource Council, Respondents
v.
North Dakota Department of Environmental
Quality and Meridian Energy Group, Inc., Appellees
Case Type
CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
Appeal From
Case No. 2018-CV-00680
Southwest Judicial District, Stark County
Dann Edward Greenwood
2020 ND 145
Oral Argument 11/5/2019

Highlight

An agency’s reasonable interpretation of a regulation is entitled to deference, and an agency’s decision in complex or technical matters involving agency expertise is entitled to appreciable deference.

The legislature is presumed to be aware of judicial construction of a statute, and from its failure to amend a particular statutory provision, it is presumed the legislature acquiesces in that construction.

An agency’s permitting decision is entitled to greater deference than a decision after an adjudicative proceeding, and the final permitting decision is reviewed on appeal to determine whether it is arbitrary, capricious or unreasonable.

A decision is arbitrary, capricious, or unreasonable if it is not the product of a rational mental process by which the facts and the law relied upon are considered together for the purpose of achieving a reasoned and reasonable interpretation.


Briefs

Filing Date Description
08/02/2019 APPELLANT BRIEF View
08/30/2019 APPELLEE BRIEF AND ADDENDUM - ND Department of Environmental Quality View
10/03/2019 APPELLEE BRIEF (Meridian Energy Group) View
10/24/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ATT. GENERAL OFFICE Margaret Irene Olson - 06352
APPELLANT PRIVATE PRACTICE Derrick Lance Braaten - 06394
APPELLEE PRIVATE PRACTICE Lawrence Bender - 03908
APPELLANT PRIVATE PRACTICE JJ William England - 08135

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 03/26/2019 NOTICE OF APPEAL : 03/26/2019
2 03/26/2019 ORDER FOR TRANSCRIPT : 04/01/2019
3 03/27/2019 ANNOUNCED DISQUALIFICATION : Tufte, Jerod E.
4 03/27/2019 Rec'd $125.00 NOA Filing Fee (receipt #26970)
5 04/01/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
6 04/01/2019 Notice served on Derrick Braaten, JJ England, Margaret Olson and Lawerence Bender
7 04/02/2019 Disk-Transcript of Administrative Agency Hearing dated January 17, 2018 (e-mailed)
8 04/22/2019 ELEC. RECORD ON APPEAL DATED APRIL 18, 2019 (ENTRY NOS.1-35, 37-83)(NOT SENT: 36)
9 04/29/2019 MOTION FOR Substitution of a Party
10 04/30/2019 ACTION BY CHIEF JUSTICE - Granted
11 05/03/2019 ELEC. SUPP. RECORD ON APPEAL DATED MAY 2, 2019 (ENTRY NOS. 84 & 85)(Received by U.S. Mail 36 - DVD)
12 05/30/2019 ELECTRONIC TRANSCRIPT DATED DECEMBER 12, 2018
13 05/30/2019 Certificate of Service for Transcript
14 06/05/2019 DOCUMENT RECEIVED - NOT FILED (motion for extension of time by Appellee State, withdrawn)
15 06/06/2019 Rec'd amended c.o.s. of transcripts on parties (addresses)
16 06/25/2019 MOT. EXT/TIME APPELLANT BRIEF
17 06/25/2019 ACTION BY CLERK - Granted : 08/02/2019
18 08/02/2019 APPELLANT BRIEF View
19 08/02/2019 APPELLANT APPENDIX
20 08/07/2019 Oral Argument Request by Appellant
21 08/12/2019 Rec'd non-substantive corrections to ATB & ATA
22 08/15/2019 Rec'd $47 e-filing surcharge for ATA (receipt #27341)
23 08/15/2019 Rec'd 6 copies of ATB & ATA from CSD
24 08/20/2019 MOT. EXT/TIME APPELLEE BRIEF
25 08/20/2019 ACTION BY CLERK - Granted : 10/03/2019
26 08/30/2019 APPELLEE BRIEF AND ADDENDUM - ND Department of Environmental Quality View
27 08/30/2019 APPELLEE APPENDIX
28 08/30/2019 Oral Argument Request by Appellee (ND Dept of Environmental Quality)
29 09/04/2019 Rec'd non-substantive corrections AEB
30 09/04/2019 Rec'd proof of service on all parties for AEB - NDDEQ
31 09/05/2019 Rec'd 6 copies of AEB & AEA from Central Duplicating
32 10/03/2019 APPELLEE BRIEF (Meridian Energy Group) View
33 10/03/2019 Oral Argument Request by Meridian Energy Group, Inc., Appellee
34 10/11/2019 Rec'd 6 copies of AEB from CSD (Meridian Energy Group)
35 10/14/2019 MOT. EXT/TIME REPLY BRIEF
36 10/14/2019 ACTION BY CLERK - Granted : 10/24/2019
37 10/18/2019 NOTICE OF ORAL ARGUMENT SENT
38 10/18/2019 NOTICE OF RESCHEDULED TIME FOR ORAL ARGUMENT SENT
39 10/22/2019 SITTING WITH THE COURT : Haskell, Bruce B.
40 10/24/2019 MOTION FOR Additional Pages for Reply Brief
41 10/24/2019 ACTION BY ACTING CHIEF JUSTICE McEVERS
42 10/24/2019 REPLY BRIEF View
43 10/25/2019 Rec'd 6 copies of RYB from CSD
44 11/01/2019 Request for Radio/TV Coverage (KFYR-TV & Prairie Public)
45 11/01/2019 ACTION BY CLERK (media coverage authorized) - Granted
46 11/05/2019 APPEARANCES: JJ W. England, Margaret I. Olson, & Lawrence Bender
47 11/05/2019 ARGUED: JJ W. England, Margaret I. Olson, & Lawrence Bender
48 11/05/2019 ORAL ARGUMENT WEBCAST
49 06/29/2020 DISPOSITION
50 06/29/2020 UNANIMOUS OPINION : Jensen, Jon J. View
51 06/29/2020 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEES
52 06/30/2020 Judgment Sent to Parties
53 07/21/2020 MANDATE
54 07/24/2020 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE