Legislative and Legal Contributors
The United States of America vs. Basin Electric Power Cooperative:
After being investigated for two years, in 1997, the United States took action. Filed in the U.S. District Court in Bismarck, the complaint accused the Basin Cooperative of overcharging the United States government millions of dollars. Allegedly the Department of Western Area Power Administration falsely overpaid $23.8 million. Basin also fraudulently used a 10-year amortization period plan for interest when they normally used a 20-year plan. This directly caused a disparate fee. Dakota Coal Company (subsidiary of Basin) was used to falsely charge financially gained margins not prohibited under contract. The government is allotted from $5,000-$10,000 per violation under the False Claims Act.
North Dakota vs. Minnesota:
In 2007, Minnesota signed the Next Generation Energy Act, which not only barred Minnesota from building more coal power plants but from entering into contract or purchasing coal-made electricity sources. While the Act was intended to reduce Minnesota's carbon-dioxide emissions it was in violation of the Constitution's interstate commerce clause. It limited North Dakota companies (including the Dakota Coal Company) the ability to sell; which is a regulation only Congress has authority over. North Dakota filed the lawsuit November 2011 and was unanimously favored by the federal judge but later appealed by Minnesota. For a final standing in June 2016 a panel of judges of the 8th U.S. Circuit Appeals ruled against Minnesota.
North Dakota vs. the U.S. Department of Interior:
North Dakota filed against the U.S. Department of Interior Office of Surface Mining Reclamation and Enforcement (OSM) in 2016 due to the new Stream Protection Rule, which violates federal law and the United States Constitution. It oversteps on North Dakota's regulation services of surface mining and reclamation within the state. North Dakota Public Service Commissioner Randy Christmann commented, “In the most recent evaluation of our program, the OSM said that North Dakota has an effective program with no issues in need of corrective action. But with this rule, the Obama administration would infringe on our authority and effectively stop much of the coal mining in North Dakota.”