The Oklahoma Supreme Court has decided it will hear arguments against the State Corporation Commission’s move to regulate energy activities within the historical boundaries of Oklahoma’s Five Civilized Tribes.
It issued a one-sentence order last week stating that it will review the decision which was made as a result of the US Supreme Court McGirt decision which applied to criminal prosecution of cases on Indian land.
“On the court’s own motion, this matter is retained for disposition in the Supreme Court of Oklahoma,” read the order signed by Chief Justice Noma Gurich and posted on Dec. 9.
The Commission’s move to go ahead with energy regulatory enforcement resulted in a challenge by Canaan Resources X in its cases against Calyx Energy III.
Canaan Resources opposed the commission’s approval of Calyx Energy’s requests for multi-unit horizontal wells, well location exceptions, increased well density, pooling and exception to spacing requirements in Hughes County which was originally part of the Muscogee (Creek) reservation.
In its challenge, Canaan Resources argued the US Supreme Court findings in the McGirt case should “include all civil jurisdiction, including oil and gas regulation within the original boundaries of the Creek reservation to the Creek Tribe, and, by extension, for application to all the reservations of the Five Tribes.”
Calyx on the other hand argued that “McGirt changed nothing for oil and gas development in Indian country” and that existing law requires the Commission’s jurisdiction to remain with the Commission.
