Energy Transfer LP and Dakota Access LLC v. North Dakota Private Investigative and Security Board and TigerSwan, LLC

Summary

The North Dakota Supreme Court held that Energy Transfer had standing to appeal the denial of its petition to intervene in an administrative proceeding involving TigerSwan, LLC. The court concluded that the North Dakota Private Investigative and Security Board abused its discretion by denying post-settlement intervention and misapplied the law concerning its authority to address disputed documents and issue protective orders. The court reversed the district court and the Board and remanded for further proceedings.

Holdings

1. A failed intervenor has standing to appeal an order denying intervention, even if the intervenor would not have standing to appeal the merits of the underlying administrative decision.
2. The Board abused its discretion by denying Energy Transfer's petition to intervene merely because the Board had entered into a settlement and regarded the administrative action as closed.
3. The Board had statutory authority to address Energy Transfer's document-related claims and to issue a protective order concerning documents produced in the administrative proceeding.
4. Although the produced documents are subject to North Dakota open-records and record-retention laws, individual documents or portions of documents may be withheld if they fall within a statutory exemption.

Questions Presented

1. Whether a person denied intervention in an administrative proceeding has standing to appeal the order denying intervention.
2. Whether the Board abused its discretion by denying Energy Transfer's post-settlement petition to intervene based solely on the existence of a settlement and closure of the administrative proceeding.
3. Whether the Board had statutory authority to address Energy Transfer's claims concerning the produced documents and to issue a protective order.
4. Whether individual documents or portions of documents subject to open-records and record-retention laws may nevertheless be withheld under a statutory exemption.

Disposition

reversed_and_remanded