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This profile was last updated on 12/23/14  and contains information from public web pages and contributions from the ZoomInfo community.

Derrick Braaten

Wrong Derrick Braaten?

Partner

Phone: (701) ***-****  HQ Phone
Email: d***@***.com
Baumstark Braaten Law Partners
109 North 4th Street
Bismarck , North Dakota 58501
United States

Company Description: Baumstark Braaten Law Partners are a general civil practice law firm established January 1, 2005 by Sarah Vogel and Beth Angus Baumstark to provide the very highest...   more
Background

Employment History

16 Total References
Web References
"It's like we brought an action ...
www.prairiebizmag.com, 23 Dec 2014 [cached]
"It's like we brought an action in district court, and the district judge is acting like we are suing them, even though what we are really asking for is a decision," said Derrick Braaten, Peterson's attorney.
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"They quite literally put themselves on the side of the oil companies," Braaten said.
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Independent testing has shown that high concentrations of contaminants remain in the soil, Peterson and Braaten said.
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"We have had some of our experts go out and they found significantly elevated levels of chlorides, which is an obvious indication that there is still saltwater contamination that exists in the area," Braaten said.
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Braaten, a lawyer with Baumstark Braaten Law Partners in Bismarck, said at this point, he is unsure how to proceed with the case.
"It's weird because the complaint we actually brought was against these operators for spills and other violations," Braaten said. "What we were asking for was the Industrial Commission to look at this and determine whether they were in violation of statutes and regulations, and if they were, to enforce those statutes and regulations."
Braaten said he sent out a letter stating that, to his understanding, the Industrial Commission was supposed to serve as the adjudicating body and not a party to the lawsuit.
But Braaten said the attorneys for the state responded with: "No, we're a respondent. We're getting sued here. We're a party."
Braaten said he disagreed with that fact. He said if Peterson actually wanted to sue the state, he could have done so under different legal standing, but they chose not to go down that path.
"Quite frankly, as an attorney, I don't know what to do about that," Braaten said.
"They have decided that they are a party, and that they are on the defense."
Braaten said the oddest thing about the current circumstances is that the case will still be heard in front of the Industrial Commission, even though they are now a defendant in the case.
"It's confusing to me because they are supposed to be the independent objective decision-maker, not the defendant," Braaten said.
While the case will have to be heard in front of the Industrial Commission first, Braaten said Peterson had the right to appeal the case to a district court.
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The one benefit to the state becoming party to the case, Braaten said, is that more state officials are now open to deposition and the legal discovery process.
While his law firm would have had access to Department of Health officials before, Braaten said the state's decision to become a quasi-defendant allows his law firm to collect evidence from the Oil and Gas Division, too.
Braaten said it was never his intention to depose officials like Lynn Helms, director of the Department of Mineral Resources, and Dave Glatt, the director of the Department of Health, but the circumstances have forced his hand.
Derrick Braaten - Baumstark Braaten Law Partners, Bismarck, ND - Agricultural Law, Administrative Law, American Indian Law, Business Law, Commercial Real Estate, Employment Law, Environmental Law, Personal Injury, Property Law, Land Use, and Zoning, Famil
www.baumstarkbraaten.com, 1 May 2012 [cached]
Derrick Braaten
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Derrick Braaten, Partner
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Derrick Braaten derrick@baumstarkbraaten.com 109 North 4th Street, Suite 100 Bismarck, ND 58501 (701) 221-2911
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Derrick moved to North Dakota to work with Sarah Vogel Law Partners, now Baumstark Braaten, in August of 2007. Prior to entering the legal profession, Derrick worked with the Minnesota Institute for Sustainable Agriculture for two years, and has been very active working with sustainable agriculture and local food systems advocacy. Derrick began his legal career working for Larry Leventhal, the renowned civil rights and American Indian law attorney, and member of the legal defense team for the founders of AIM following the Wounded Knee II standoff.
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In recent years, Derrick has been involved as a volunteer and board member for several organizations in Minnesota and North Dakota working on agricultural issues, ranging from serving as President of the local open-air market in Bismarck called Urban Harvest to serving as a board member for Northern Plains Sustainable Agriculture Society.
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Derrick handles many matters in this area, ranging from negotiating oil and gas leases and surface agreements to complex multi-jurisdictional litigation against large oil and gas exploration and production companies. Derrick continues to maintain a significant agricultural law practice as well, handling matters such as crop insurance arbitrations, NAD appeals, elevator insolvency actions, and other complex litigation.
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Marketing Local Food, Jane Grimsbo Jewett, Beth Nelson and Derrick Braaten (2007)
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Local Food: Where to Find it, How to Buy it, Jane Grimsbo Jewett and Derrick Braaten (2005)
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Derrick has also spoken at many landowner meetings around North Dakota hosted by the Northwest Landowners Association and other groups, and has taught a section on legal entities for a business and entrepreneurship course at Sitting Bull College.
"The ultimate goal is simply to ...
www.minotdailynews.com, 10 Nov 2013 [cached]
"The ultimate goal is simply to require the operators to comply with North Dakota law, and the result of that is the mineral owners are paid royalties on flared gas," said Derrick Braaten with Baumstark Braaten Law Partners in Bismarck.
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The value of natural gas may be insignificant compared to the value of the oil, but if companies are forced to meet their obligation to pay royalties on that flared gas, they will have an incentive to reduce the flaring, Braaten said.
For the 2013 legislative session, ...
www.kenmarend.com, 9 Jan 2013 [cached]
For the 2013 legislative session, concerns of the NWLA will be voiced by Derrick Braaten, a partner in Baumstark Braaten Law Partners, Bismarck.
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"Most of the testimony will come from the membership," Coons said, adding that NWLA members would also be coordinating efforts with Braaten to research and prepare information for legislators.
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