ENVIRON. DRIVEN SOLUTIONS v. DUNN COUNTY

No. 20160100.

890 N.W.2d 841 (2017)

2017 ND 45

ENVIRONMENTAL DRIVEN SOLUTIONS, LLC, Plaintiff and Appellee v. DUNN COUNTY, a North Dakota Municipality, Defendant and Appellant v. North Dakota Industrial Commission, Intervenor and Appellee.

Supreme Court of North Dakota.

Filed March 7, 2017.


Attorney(s) appearing for the Case

Zachary E. Pelham (argued) and Meredith L. Vukelic (on brief), P.O. Box 400, Bismarck, N.D. 58502-0400, for plaintiff and appellee.

Ariston E. Johnson , Assistant State's Attorney, P.O. Box 1260, Watford City, N.D. 58854-1260, for defendant and appellant.

Hope L. Hogan , Office of the Attorney General, 500 North Ninth Street, Bismarck, N.D. 58501-4509, for intervenor and appellee.

Aaron G. Birst , 1661 Capitol Way, Bismarck, N.D. 58502-0877 and Karen S. Prout , Assistant State's Attorney, P.O. Box 2047, Williston, N.D. 58802, for amicus curiae North Dakota Association of Counties.

Stephanie E. Dassinger , 410 East Front Avenue, Bismarck, N.D. 58504, for amicus curiae North Dakota League of Cities.

John W. Morrison Jr. , P.O. Box 2798, Bismarck, N.D. 58502-2798, for amicus curiae North Dakota Petroleum Council.


[¶ 1] Dunn County appeals from a judgment declaring the Industrial Commission has exclusive jurisdiction to determine the location of oil and gas waste treating plants. We affirm, concluding the County lacks the power to veto the Commission's approval of the location for an oil...

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