Continental Resources v. N.D. Dept. of Environmental QualityAnnotate this Case
Continental Resources, Inc. appealed a district court judgment dismissing its declaratory judgment action against the North Dakota Department of Environmental Quality (“Department”). Continental’s action for declaratory judgment requested the district court find “that if an approved control device is installed and operating at an oil and gas production facility, the mere presence of an emission from a closed tank hatch or control device does not, in and of itself, establish a violation of N.D. Admin. Code 33-15-07-2(1).” The district court dismissed Continental’s declaratory judgment action after finding the Environmental Protection Agency was an indispensable party, the district court lacked subject matter jurisdiction, and the matter was not ripe for judicial review. While this appeal was pending, the Department moved to dismiss the appeal as moot. The North Dakota Supreme Court affirmed the judgment dismissing Continental’s request for declaratory judgment as not ripe for judicial review.