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2015-06-16T00:00:00.000Z

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Wrong Derrick Braaten?

Derrick Braaten

Privileged Communication

Baumstark Braaten Law Partners

HQ Phone: (701) 221-2911

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 levels of legal assistance to our clients, many of whom are farmers and ranchers. ... more

Find other employees at this company (10)

Background Information

Employment History

Privileged Attorney-Client Communication
Sarah Vogel Law Firm P.C

Attorney
Dakota Resource Council

Affiliations

Section Member
State Bar Association of North Dakota

Education



University of Minnesota Law School

Bachelor of Arts
English and in Anthropology
University of Minnesota , Morris

Juris Doctor Magna Cum Laude

University of Minnesota Law School

Web References (27 Total References)


"It's like we brought an action ...

www.yourjobhelp.com, $reference.date [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.

...
"They quite literally put themselves on the side of the oil companies," Braaten said.
...
Independent testing has shown that high concentrations of contaminants remain in the soil, Peterson and Braaten said.
...
"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.
...
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.
...
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.


"It's like we brought an action ...

www.prairiebizmag.com, $reference.date [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.

...
"They quite literally put themselves on the side of the oil companies," Braaten said.
...
Independent testing has shown that high concentrations of contaminants remain in the soil, Peterson and Braaten said.
...
"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.
...
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.
...
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.


"It's like we brought an action ...

billingsgazette.com, $reference.date [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.

...
"They quite literally put themselves on the side of the oil companies," Braaten said.
...
Independent testing has shown that high concentrations of contaminants remain in the soil, Peterson and Braaten said.
...
"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.
...
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.
...
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.


"The ultimate goal is simply to ...

www.minotdailynews.com, $reference.date [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.

...
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, $reference.date [cached]

For the 2013 legislative session, concerns of the NWLA will be voiced by Derrick Braaten, a partner in Baumstark Braaten Law Partners, Bismarck.

...
"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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