VOGEL v. MARATHON OIL CO.

No. 20150154.

879 N.W.2d 471 (2016)

2016 ND 104

Sarah VOGEL, individually and for all those similarly situated, Plaintiff and Appellant v. MARATHON OIL COMPANY, an Ohio Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

May 31, 2016.


Attorney(s) appearing for the Case

Stephen D. Easton (argued), Laramie, Wyo.; Derrick L. Braaten (appeared) and JJ William England (on brief), Bismarck, N.D.; Cody L. Balzer (appeared), Loveland, Colo.; and Matthew J. Kelly (on brief), Bozeman, Mont., for plaintiff and appellant.

John W. Morrison Jr. (argued), Bismarck, N.D., and Adrian A. Miller , Billings, Mont., for defendant and appellee.

Hope L. Hogan , Office of the Attorney General, Bismarck, N.D., for amicus curiae State of North Dakota.


[¶ 1] Sarah Vogel appeals from a district court judgment dismissing without prejudice her complaint against Marathon Oil Company. Vogel argues her claims should not be dismissed because she has a private right of action for violations of the statute restricting the flaring of gas produced with crude oil from an oil well, N...

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