Black Hills Trucking challenged the superb from the North Dakota Industrial Fee, arguing it already paid a $200,000 high-quality to the North Dakota Division of Well being for a similar violations.
The corporate didn’t dispute that a truck driver deliberately launched produced water, a waste byproduct of oil manufacturing, onto a Williams County gravel street, however argued the Industrial Fee overstepped its jurisdiction.
In an opinion revealed Thursday, the Supreme Courtroom dominated in favor of the Industrial Fee, affirming the choice of a Northwest Judicial District Courtroom decide.
A majority of justices concluded the Industrial Fee has the authority to manage the disposal of saltwater and oilfield waste, together with whereas the wastes are being trucked to a disposal website.
Justice Daniel Crothers dissented, concluding that the Industrial Fee has “impermissibly interfered” with the well being division’s jurisdiction over produced water that’s moved away from a properly website or different oilfield facility.
Crothers famous in his opinion that the regulators didn’t order cleanup work on the websites.
Surveillance gear recorded a truck owned by Black Hills Trucking dumping produced water on a street in February and March of 2014. One incident was noticed by a Division of Mineral Assets inspector and led to a legal conviction towards the driving force and a $three,000 effective.
Division of Mineral Assets Director Lynn Helms stated the company is happy with the Supreme Courtroom’s opinion.
“The result of this case was very important in sustaining the jurisdiction of the fee on grievance instances,” Helms stated in a press release.
Black Hills Trucking, a part of Wyoming-based mostly True Corporations, has 14 days to file a petition for rehearing with the courtroom. In any other case, the opinion is taken into account remaining. John Morrison, an lawyer who represented Black Hills Trucking, didn’t reply to an e mail requesting remark Thursday.