North Dakota Supreme Court
Northwest Landowners Association v. State
August 28, 20252025 ND 147
Summary
The North Dakota Supreme Court held that the plaintiffs lack standing to challenge the non‑delegation provision of N.D.C.C. § 38‑22‑03(7) and the oil‑and‑gas amalgamation provisions of ch. 38‑25, and that the district court erred in dismissing the carbon‑dioxide storage claims as time‑barred. The Court also rejected the federal preemption and administrative‑exhaustion arguments and remanded for further proceedings on the merits of the carbon‑dioxide storage claims while affirming the dismissal of the pre‑condemnation survey claims on the basis of existing precedent.