North Dakota

North Dakota Supreme Court strikes key portions of ‘pore space’ law

Published

2 years ago

August 4, 2022

North Dakota Supreme Court strikes key portions of ‘pore space’ law

JAMES MacPHERSON
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North Dakota’s Supreme Court docket on Thursday struck down key parts of a state legislation {that a} landowners group argued quantities to the unconstitutional taking of personal property rights.

The so-called pore house legislation handed the 2019 Legislature after supporters sought clarification on using voids or cavities in underground rock formations. Pore areas are used when the petroleum trade injects saltwater from oil and fuel manufacturing underground for everlasting storage or for enhanced oil restoration.

The Northwest Landowners Affiliation sued the state, arguing the legislation deprives them of their proper to be compensated for using their pore house.

A state district choose final yr dominated the legislation unconstitutional as a result of it provides the landowners’ worth from pore house to the oil and fuel trade at no cost.

Justices, of their unanimous opinion made public Thursday, largely agreed.

“In abstract, we conclude that a number of components of (the legislation) have been proven to be unconstitutional on their face,” the opinion mentioned.

Derrick Braaten, a Bismarck legal professional who represents the landowner group, mentioned, “It is a huge win — I imply, there may be nothing on this opinion that we aren’t completely thrilled about and don’t agree with 100%.”

Below the legislation, landowners could not be compensated for pore house when it was used for saltwater disposal or enhanced oil restoration, until that they had an current contract. Landowners adjoining to a disposal effectively additionally couldn’t make a declare that saltwater, a byproduct of oil manufacturing, had migrated into their pore house, nor might they sue for trespassing.

The Supreme Court docket struck down these provisions.

“North Dakota legislation has lengthy established that floor house owners have a property curiosity in pore house,” justices mentioned. “Floor house owners have a proper to compensation for using their pore house for disposal and storage operations.

“Authorities-authorized bodily invasions of property represent the ‘clearest form of taking,’” the opinion mentioned.

North Dakota’s oil trade pushed for the legislation and Republican Gov. Doug Burgum signed it, regardless of robust objections from landowners. It was one of the crucial controversial measures of the 2019 Legislative session.

North Dakota’s Industrial Fee, headed by Burgum, mentioned in a press release Thursday that it’s “dedicated to making sure that underground saltwater injection wells are managed for the good thing about landowners in addition to the oil and fuel trade.”

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North Dakota

Montana State defeats South Dakota 31-17 in FCS semifinals to advance to Frisco

Published

2 hours ago

December 22, 2024

Press Room

Montana State defeats South Dakota 31-17 in FCS semifinals to advance to Frisco

11:34 pm, December 21, 2024

Montana State defeated South Dakota, 31-17, to advance to the national title game.

The Bobcat defense stepped up big in the second half, holding South Dakota to only three points. In the fourth quarter, Montana State came up with two fourth down stops and a key fumble recovery on the final defensive possession.

Denied ❌@MSUBobcats_FB forces the fumble and recovers to close it!#FCSPlayoffs x 🎥 ABC pic.twitter.com/sXk20fQ8OC
— NCAA FCS Football (@NCAA_FCS) December 21, 2024
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Quarterback Tommy Mellot led the way offensively with 134 passing yards and a touchdown plus 125 rushing yards and two touchdowns.

It’s the first title appearance for Montana State since 2021. Fittingly enough, Montana State played — and lost to — North Dakota State in the title game that year, the first for head coach Brent Vigen and quarterback Tommy Mellott. The Bobcats and Bison will meet in Frisco, Texas to play in the FCS National Championship Game on Monday, Jan. 6, 2025 at 7 p.m. ET.

Next Stop: Frisco ⏭🤠#FCSPlayoffs x 🎥 ABC / @MSUBobcats_FB pic.twitter.com/YzRv0wJ3Ln
— NCAA FCS Football (@NCAA_FCS) December 22, 2024

Click or tap here for stats from the game

11:26 pm, December 21, 2024

11:19 pm, December 21, 2024

After Montana State stopped South Dakota in the redzone on fourth down, the Coyote defense forced a punt to get the ball back. South Dakota will get the ball down 31-17 with 4:46 remaining and two timeouts.

11:00 pm, December 21, 2024

One quarter remains until we find out who the second FCS title game participant is. Montana State has a 14-point lead over South Dakota, 31-17 entering the fourth quarter. The Coyotes added a field goal with 2:11 to play in the third quarter to cut the deficit.

When play resumes, South Dakota will have the ball facing second-and-three at its own 40-yard line.

See stats through three quarters below

10:31 pm, December 21, 2024

Tommy Mellott showed off why he’s one of the most electrifying players in the FCS. Mellott dropped the snap, made a defender miss, hurdled another defender and darted 41 yards into the endzone. Montana State leads 31-14

LIVING LEGEND 🤯
Appreciating every minute of @Tommy_Mellott pic.twitter.com/yv65Rh8VOV
— Big Sky Conference (@BigSkyConf) December 21, 2024

9:57 pm, December 21, 2024

A field goal lat in the second quarter gave Montana State a 10-point lead entering halftime. The score was another addition to an explosive first half.

South Dakota scored two touchdowns of 55 and 45 yards on the ground. However, the pass game hasn’t been as explosive as Aidan Bouman only has 76 yards through the air going 0-2 on third down.

BOZEMAN’S OWN 💪💪
📺 ABC@kennetheideniv | #BobcatBuilt pic.twitter.com/mkYnfX0mGj
— Montana State Football (@MSUBobcats_FB) December 21, 2024

Montana State’s offense has been powered by Tommy Mellott. He’s 8-15 passing for 134 yards and a touchdown while rushing 13 times for 69 yards and a score. Mellott and the Bobcat offense have run 44 plays to South Dakota’s 16, while possessing the football for 20:28 to 9:24 for the Coyotes.

When play resumes, South Dakota will receive the second half kickoff.

9:30 pm, December 21, 2024

9:19 pm, December 21, 2024

It took just one play into the second quarter for South Dakota to tie the game up. Running back Charles Pierre Jr. rushed 45 yards to the house on the second big run for the Coyotes today.

Pierre Powers Ahead 🏃‍♂️
Charles Pierre Jr. takes it 45 yards to the house!#FCSPlayoffs x 🎥 ABC / @SDCoyotesFB pic.twitter.com/ptvbHqoItq
— NCAA FCS Football (@NCAA_FCS) December 21, 2024
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9:15 pm, December 21, 2024

It’s been an explosive first quarter as both Montana State and South Dakota are moving the ball with ease for the most part. While both teams punted on their second possession, they scored quickly on their first.

Montana State’s third possession put them in front shortly before the first quarter expired as Tommy Mellott has two touchdowns, passing and rushing, for 90 yards passing and 29 yards rushing.

When play resumes, South Dakota will have the ball facing first-and-10 at the Montana State 45-yard line.

See first quarter stats below

9:10 pm, December 21, 2024

8:47 pm, December 21, 2024

South Dakota responded to a quick Montana State touchdown on its opening drive with a quick touchdown of its own. The Coyotes found the endzone in just five plays as running back Travis Theis ran 55 yards for a touchdown.

Theis for the Tie! 🙌@SDCoyotesFB RB breaks loose for a 55-yard touchdown to even the score!#FCSPlayoffs x 🎥 ABC pic.twitter.com/oShCPoukkx
— NCAA FCS Football (@NCAA_FCS) December 21, 2024

8:41 pm, December 21, 2024

It took just six plays and a little over three minutes for Montana State to find the endzone in the FCS semifinals. Quarterback Tommy Mellott found wide receiver Taco Dowler for a 34-yard score to put the Bobcats up 7-0. It was the second time the duo connected on the drive as they connected for 20 yards on the first play of the game.

TACO TIME TACO TIME 🌮🌮@DowlerTaco x @Tommy_Mellott
📺 ABC#BobcatBuilt | #CATS pic.twitter.com/HuyoCB2QTj
— Montana State Football (@MSUBobcats_FB) December 21, 2024

8:38 pm, December 21, 2024

The second FCS semifinal game is underway as No. 4 South Dakota battles No. 1 Montana State. The Bobcats received the opening kickoff.

8:12 pm, December 15, 2024

Here’s how to watch the 2024 FCS semifinal game between South Dakota and Montana State:

8:11 pm, December 15, 2024

Here are some of the top storylines and players to watch entering this year’s FCS semifinal game between South Dakota and Montana State.

Storylines

How they got here
- South Dakota ended the regular season with plenty of momentum after knocking off North Dakota State in a top-five matchup. Once the postseason started, the Coyotes rallied past Tarleton State in an explosive second-round win before beating UC Davis without ever trailing in the quarterfinals.
- Montana State has dominated the competition all season long as the only undefeated team remaining in the FCS. The Bobcats haven’t played a close game in the playoffs after averaging 50.5 points scored and a 32.5 margin of victory in two games.
Past matchups
- Montana State and South Dakota have only met once in the two program’s histories. The Bobcats won the lone matchup in 2008, 37-18.
Coaching
- Two Coaches of the Year will meet in the semifinals. Big Sky Coach of the Year Brent Vigen will face MVFC Coach of the Year Bob Nielson. Vigen was also named the Eddie Robinson Award winner as the FCS coach of the year.
What’s at stake
- South Dakota is in uncharted territory making its first-ever semifinal appearance. It’s only the fourth FCS playoff season in Coyote history. Meanwhile, Montana State is still chasing its 1984 FCS championship. The Bobcats have only made one return to the title game since (2021), the first year of the Brent Vigen-Tommy Mellott era.

Players to Watch

Here are some players to watch from South Dakota

MVFC Offensive Player of the Year: DL Mi’Quise Grace

South Dakota All-MVFC Players

1st Team | RB Charles Pierre Jr.
1st Team | FB Travis Theis
1st Team | OL Joey Lombard
1st Team | TE JJ Galbreath
1st Team | DL Nick Gaes
1st Team | DL Mi’Quise Grace
1st Team | DB Dennis Shorter
2nd Team | OL Joe Cotton
2nd Team | OL Bryce Henderson
2nd Team | DL Blake Holden
2nd Team | LB Gary Bryant III
2nd Team | DB Mike Reid

Here are some players to watch from Montana State

Big Sky Offensive Player of the Year: QB Tommy Mellott
Big Sky Defensive Player of the Year: DL Brody Grebe
Big Sky Freshman of the Year: RB Adam Jones

Montana State All-Big Sky Players

1st Team | QB Tommy Mellott
1st Team | RB Scottre Humphrey
1st Team | FB Rohan Jones
1st Team | OL Marcus Wehr (unanimous)
1st Team | OL Conner Moore
1st Team | DL Brody Grebe (unanimous)
1st Team | LB McCade O’Reilly
1st Team | DB Rylan Ortt
1st Team | PR Taco Dowler
2nd Team | OL Titan Fleischmann
2nd Team | OL Cole Sain
2nd Team | DL Paul Brott
2nd Team | LB Danny Uluilakep
2nd Team | DB Andrew Powdrell
2nd Team | P Brendan Hall

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North Dakota

North Dakota State defeats South Dakota State 28-21 in FCS semifinals to advance to Frisco

Published

10 hours ago

December 21, 2024

Press Room

North Dakota State defeats South Dakota State 28-21 in FCS semifinals to advance to Frisco

North Dakota State and South Dakota State are tied at 14 apiece after the first half. It’s been a tightly-contested battle as most battles between the two rivals are.

South Dakota State has been able to lean on its running attack, gaining 111 yards to NDSU’s 53. Amar Johnson and Mark Gronowski have scored on the ground.

Meanwhile, Cam Miller has accounted for both North Dakota State touchdowns, scoring once with his legs and once with his arm. Miller also has been efficient, completing six of seven passes.

The biggest play of the first half was the lone turnover, a fumble by Amar Johnson that gave North Dakota State the ball in Jackrabbit territory.

When play resumes, North Dakota State will receive the second half kick. See first half stats below.

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North Dakota

Port: Tribal sovereignty is a two-way street

Published

18 hours ago

December 21, 2024

Press Room

Port: Tribal sovereignty is a two-way street

MINOT — The activists pushing for President Joe Biden to sign, in the closing days of his administration, a sweeping executive order creating a new national monument out of roughly 140,000 acres of western North Dakota tell us their initiative

is led by our state’s tribes.

They also talk a lot about the importance of tribal sovereignty.

Let’s explore this.

I’m not sure all of the tribes knew they were leading this project. That’s certainly not the impression I got after a discussion with Chairman Mark Fox of the Mandan, Hidatsa and Arikara Nation. “When the entities came before to request support for a national monument, we just thought that would be nice without considering any possible impacts in terms of policy,”

he told me.

“We’re going to reconsider,” he added.

Fox stressed that he and his fellow tribal leaders aren’t necessarily against the national monument concept. He expressed enthusiasm for the new opportunities for preservation and tourism. Fox is concerned about the possibility that the monument could inhibit land use in the area — specifically, energy development, which is of vital importance to the MHA Nation.

“Depending on how large the designation is, it could impact some of our drilling. That’s where we lack clarity,” Fox told me. “We really didn’t have any of that information.”

That’s not a great look for a coalition that has marketed this proposal as a tribal initiative.

What’s also unseemly are aspersions cast at Fox because of his diligence. State Rep. Lisa Finley-DeVille, a Democrat from Mandaree, a member of the MHA Nation, and a spokesperson for the national monument campaign,

told reporter Jeff Beach

“that misinformation is undermining the monument effort, including among tribal leaders.”

“They need to read the proposal,” Finley-DeVille said. “We’re not trying to take anybody’s rights away. We’re not trying to stop oil and gas.”

That’s a tough claim to swallow when your coalition includes the Sierra Club, an organization committed to stopping oil and gas production, but the jab at Fox is what’s notable.

Finley-DeVille often talks about the importance of tribal sovereignty, and I agree with the sentiment, but I’d note that sovereignty is a two-way street. If you only respect tribal sovereignty when tribal leaders take positions you agree with, you’re not respecting tribal sovereignty.

I don’t think Chairman Fox is misinformed. I think his concerns are valid.

“Some entities have used this national monument declaration to stop drilling and stop energy production,” he said, and he’s right. The Biden administration has used these declarations to block or inhibit development around Spirit Mountain, in Nevada, and Bear Ears National Monument in Utah. “We don’t want it stopped at all either for ourselves or the state,” Fox told me.

Finley-Deville says Fox has been misled, but who has been misleading him? Finley-Deville is pursuing a new land declaration of the sort that has been used to block energy development elsewhere while working side-by-side with a deep-pocketed national organization that sees blocking oil and gas development as its mission but expects us to believe that she and her partners are “not trying to stop oil and gas.”

Fox is skeptical. Can we blame him?

Rob Port is a news reporter, columnist, and podcast host for the Forum News Service with an extensive background in investigations and public records. He covers politics and government in North Dakota and the upper Midwest. Reach him at rport@forumcomm.com. Click here to subscribe to his Plain Talk podcast.

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