Environmental Law & Policy Center, et al. v. N.D. Public Svc. Commission, et al.
Docket Info
- Title
- Environmental Law & Policy Center
and Dakota Resource Council, Appellants
v.
North Dakota Public Service Commission
and Meridian Energy Group, Inc., Appellees - Case Type
- CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
- Appeal From
-
Case No. 2018-CV-02937
South Central Judicial District, Burleigh County
Bruce A. Romanick
Highlight
The Administrative Agencies Practice Act governs an appeal from a decision of the Public Service Commission.
The Public Service Commission’s authority to regulate is limited to that authority provided to it by the legislature.
For an administrative agency, the term “jurisdiction” has three components: (1) personal jurisdiction, referring to the agency’s authority over the parties and intervenors involved in the proceedings; (2) subject matter jurisdiction, referring to the agency’s power to hear and determine the causes of a general class of cases to which a particular case belongs; and (3) the agency’s scope of authority under statute.
The Commission’s regulatory authority is limited to projects that meet the definition of “gas or liquid energy conversion facility” found in N.D.C.C. § 49-22.1-01(6). A refinery not designed for or capable of refining 50,000 bpd is not a “gas or liquid energy conversion facility” as that term is defined. A project proponent may avoid the time and expense of the Commission’s regulatory review that comes with a larger project by deciding to reduce the scale of a project to a size just below the regulatory threshold.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | PRIVATE PRACTICE | Lawrence Bender - 03908 |
| APPELLANT | PRIVATE PRACTICE | Derrick Lance Braaten - 06394 |
| APPELLANT | PRIVATE PRACTICE | JJ William England - 08135 |
| APPELLANT | PRIVATE PRACTICE | Not Licensed in ND - 00002 |
| APPELLANT | PRIVATE PRACTICE | Not Licensed in ND - 00002 |
| APPELLEE | ATT. GENERAL OFFICE | John Maurice Schuh - 08138 |
| 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 | 07/15/2019 | NOTICE OF APPEAL : 07/15/2019 | |
| 2 | 07/15/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 3 | 07/16/2019 | Notice served on Derrick L. Braaten, JJ W. England, Illona A. Jeffcoat-Sacco, John M. Schuh, cont. | |
| 4 | 07/16/2019 | Jennifer L. Verleger and Lawrence Bender | |
| 5 | 07/20/2019 | ELECTRONIC MEETING TRANSCRIPT DATED DEC 19, 2017 | |
| 6 | 07/20/2019 | ELECTRONIC MEETING TRANSCRIPT DATED SEPT. 17, 2018 | |
| 7 | 07/20/2019 | ELECTRONIC MEETING TRANSCRIPT DATED OCTOBER 10, 2018 | |
| 8 | 08/13/2019 | ELEC. RECORD ON APPEAL DATED AUGUST 12, 2019 (ENTRY NOS.1-167, not including #8) | |
| 9 | 08/15/2019 | AMENDED ELEC. RECORD ON APPEAL DATED AUGUST 14, 2019 (ENTRY NOS. 1-168, not including #8) | |
| 10 | 08/26/2019 | Affidavit of Scott Strand in support of Admission to Practice Pro Hac Vice | |
| 11 | 08/26/2019 | Affidavit of Rachel Granneman in support of Admission to Practice Pro Hac Vice | |
| 12 | 08/26/2019 | APPELLANT BRIEF | View |
| 13 | 08/26/2019 | APPELLANT APPENDIX | |
| 14 | 08/26/2019 | Oral Argument Request by Appellants | |
| 15 | 08/29/2019 | Rec'd non-substantive corrections to ATA (pg #ing, etc.) | |
| 16 | 09/03/2019 | Rec'd e-filing surcharge for ATA (receipt #27359) | |
| 17 | 09/03/2019 | Rec'd 6 copies of ATB & ATA from CSD | |
| 18 | 09/09/2019 | MOTION TO TAKE JUDICIAL NOTICE, OR ALTERNATIVELY, MOTION TO STRIKE - RspDue : 09/23/2019 | |
| 19 | 09/23/2019 | Response Filed to Motion to Take Judicial Notice | |
| 20 | 09/25/2019 | ACTION BY SUPREME COURT (judicial notice denied; motion to strike granted) - Denied | |
| 21 | 09/25/2019 | APPELLEE BRIEF - Meridian Energy Group | View |
| 22 | 09/25/2019 | Oral Argument Request by Appellee (Meridian Energy Group) | |
| 23 | 09/26/2019 | Corrected page 15 rec'd for Appellant brief | |
| 24 | 09/26/2019 | APPELLEE BRIEF - ND Public Service Commission | View |
| 25 | 09/26/2019 | Oral Argument Request by Appellee (ND Public Srvice Commission) | |
| 26 | 10/02/2019 | Rec'd 6 copies of AEB -Meridian back from Central Duplicating | |
| 27 | 10/02/2019 | Rec'd 6 copies of AEB - ND Public Service Commission back from Central Duplicating | |
| 28 | 10/09/2019 | REPLY BRIEF | View |
| 29 | 10/11/2019 | Rec'd 6 copies of RYB from CSD | |
| 30 | 10/18/2019 | NOTICE OF ORAL ARGUMENT SENT | |
| 31 | 11/05/2019 | Request for Radio/TV Coverage | |
| 32 | 11/06/2019 | ACTION BY CLERK (Prairie Public, KFYR-TV & Bismarck Tribune) - Granted | |
| 33 | 11/12/2019 | APPEARANCES: Derrick L. Braaten, Scott Strand, John M. Schuh, Jennifer L.Verleger, Lawrence Bender | |
| 34 | 11/12/2019 | ARGUED: Scott Strand, Jennifer L.Verleger, Lawrence Bender | |
| 35 | 11/12/2019 | ORAL ARGUMENT WEBCAST | |
| 36 | 11/13/2019 | Supplemental citations under N.D.R.App.P. 28(k) | View |
| 37 | 09/15/2020 | DISPOSITION | |
| 38 | 09/15/2020 | SPLIT OPINION : Tufte, Jerod E. | View |
| 39 | 09/15/2020 | Dissenting : VandeWalle, Gerald W. | |
| 40 | 09/15/2020 | Costs on appeal taxed in favor of Appellee | |
| 41 | 09/17/2020 | Judgment Sent to Parties | |
| 42 | 10/07/2020 | MANDATE |