No date set in State Supreme Court oil and gas regulatory fight

 

The Oklahoma Supreme Court has yet to set a date to hear the appeal of an Oklahoma oil and gas firm that contends because of a US Supreme Court ruling, the state Corporation Commission no longer has the power to regulate its wells on land now considered to be Indian land.

Chief Justice Noma Gurich decided in December 2020 that the court would hear arguments against the Commission’s move to regulate energy activities within the historical boundaries of Oklahoma’s Five Civilized Tribes.

“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 in reference to case No. CO-119245.

The case involved Canaan Resources which is fighting the commission’s approval of Calyx Energy’s requests for multi-unit horizontal wells in Hughes County which was part of the original Muscogee (Creek) reservation.

Canaan contends the U.S. Supreme Court’s McGirt ruling last June included “all civil jurisdiction including oil and gas regulation” on the original boundaries of not only the Creek reservation but all reservations of the Five Tribes.

Calyx argued just the opposite, contending the Corporation Commission still has the authority to enforce its rules and regulations on wells in Hughes County.

The last filings before the Supreme Court on the case were in January 2021 and involved the appearances of attorneys who represent the defendants and plaintiffs in the case.

The court filings show no dates for hearings and arguments to be held before the Justices.