Symposiums
The North Dakota Law Review annual symposium welcomes well-respected and diverse scholars, legal professionals, and community leaders from across the state, region, and country. Topics are selected to challenge participants on legal issues from a variety of perspectives. Symposiums in even years take place in either the spring or fall semester. Every odd year, the symposium topic focuses on Energy Law and takes place during the spring semester in Bismarck, North Dakota.
2025 Energy Law Symposium
Sponsored by the North Dakota Law Review and Crowley Fleck PLLP
Thursday, March 6, 2025
BSC National Energy Center of Excellence
Bismarck, North Dakota
ND/MN CLE and Landmen CE credits pending
2025 North Dakota Law Review Energy Law Symposium Schedule
8:30 a.m.
Opening Remarks
8:40 a.m.
Navigating Anti-Corruption Laws in Indian Country: Legal Risks and Compliance Strategies
Jacob Dillon, Partner - Crowley Fleck
Natural resources development in Indian Country presents exciting business opportunities, but also potential pitfalls in the form of bribery and other types of corruption. This presentation will cover, among other things, the overlapping federal, state, and tribal anti-corruption laws that operators must be familiar with when operating in Indian Country, the consequences of their violation, and, most importantlythe preventative steps that operators can utilize to insulate themselves from liability.
9:40 a.m.
Energy Case Law Update
Paul Forster, Crowley Fleck
An update regarding recent cases that impact the energy industry in North Dakota. The cases that will be covered will touch on surface use rights, interest on royalties, recovery of attorney's fees, and risk penalties.
10:30 a.m.
Break
10:45 a.m.
Energy Law at a Crossroads: Oil, Gas, and Carbon Capture in a Changing Landscape
Owen L. Anderson, Professor of Law - University of Texas & Austin School of Law, Co-Academic Director - Kay Bailey Hutchison Energy Center, and Distinguished Oil and Gas Law Scholar
- What is the outlook for oil and natural gas during Trump 2.0?
- How the law of trespass should adapt to facilitate the beneficial use of the last global frontier?
- How much CCS? Will it be enough?
12:00 p.m.
Lunch (provided)
1:00 p.m.
Growing North Dakota's Midstream Industry: Lessons Learned and the Road Ahead
Justin Kringstad, Director, North Dakota Pipeline Authority
From the beginning of modern Bakken oil development, midstream challenges quickly became one of the top challenges to address as technology and production strategies evolved. For North Dakota to become and industry leading producer of crude oil, natural gas, and natural gas liquids a multidecade infrastructure expansion effort was initiated. This session will review both the history of the Bakken's midstream development as well as explore the need for continued expansion of pipeline capacity from North Dakota and the challenges that must be addressed to make it a reality. Attendees will gain a better understanding of the importance of pipeline infrastructure, the challenges facing its expansion, and the benefits of continued investment in this critical infrastructure.
2:00 p.m.
Challenges and Opportunities in Meeting Future Energy Demands
Brian Kalk, Chief Research Officer, Energy & Environment Research Center
We will look at the energy landscape and energy policies as they are today and outline what it will take to meet the ever-growing energy demands of the U.S. and the rest of the world. The presentations will also cover the benefits and challenges of traditional fossil fuels and outline what it will take to truly integrate renewable energy sources into the equation. Finally, we will discuss the emerging issue surrounding electricity transmission lines, pipelines, data centers, and the potential rebirth of nuclear power.
2:45 p.m.
Break
3:00 p.m.
Nuclear Energy - Today and in the Future
Michael Green, VP and Deputy General Counsel, TerraPower
Nuclear energy in the United States has a rich history and offers tremendous opportunities for meeting future electricity demands. The presentation will provide a survey of legal and policy considerations surrounding utilization of nuclear energy since adoption of the Atomic Energy Act of 1946, significant legislative responses to address development challenges to widespread nuclear energy adoption (e.g., public liability and storage of waste), current market signals for nuclear energy to meet growing clean energy demand, and recent bipartisan legislation reflecting policy support for nuclear energy to meet these demands.
4:00 p.m.
Legal and Public Policy Issues Raised by Carbon Capture and Storage
Keith B. Hall, Nesser Family Chair in Energy Law, Paul M. Herbert Law Center, LSU
Director, John P. Laborde Energery Law Center,
Director, Mineral Law Institute
Carbon capture and storage raises several legal and public policy issues. This presentation will address such issues as:
- What are the anticipated benefits of CCS, and what factors motivate opponents of CCS?
- Who owns pore space rights?
- What legal options are provided by law to prospective CCS operators who cannot acquire pore space agreements from all pore space owners around a proposed CCS project?
- What legal challenges are being made to the use of such options?
- What conflicts might arise between CCS operators and oil and gas developers?
5:00 p.m.
Closing Remarks
Speaker Biographies
Jacob Dillon
Partner, Crowley Fleck
Navigating Anti-Corruption Laws in Indian Country: Legal Risks and Compliance Strategies
Jacob Dillon is a partner in Crowley Fleck's Energy, Environment, and Natural Resources Department, specializing in mining, Indian, and oil and gas law. He advises clients on complex transactional matters, including due diligence projects, title examination of mining claims, and property acquisitions and dispositions. Dillon also has significant litigation experience, representing mining and oil and gas companies in contract and land disputes.
A Montanta native, Dillon grew up in Billings and graduated from Skyview High School in 2010. He earned his undergraduate degree from the University of Montanta, where he was a member of both the Grizzly Marching Band and the debate team. He then attended Gonzaga University School of Law, serving as Executive Editor of the Gonzaga Law Review and as a member of the prestigious William O. Douglas Committee.
Dillon's deep understanding of energy and natural resource law, combined with his transactional and litigation experience, makes him a trusted advocate for clients navigating complex legal challenges in the industry.
Paul Forster
Partner, Crowley Fleck
Energy Case Law Update
Paul Forster is a seasoned attorney specializing in energy law, with a focus on natural resources and commercial litigation. A partner at Crowley Fleck's Bismarck office, Forster represents energy clients in federal, state, and tribal courts, handling complex cases involving royalty disputes, class action defense, leasehold title issues, and energy facility construction conflicts. His extensive litigation experience includes numerous civil jury trials, bench trials, and appeals before the North Dakota Supreme Court and the U.S. Court of Appeals for the Eighth Circuit.
Beyond litigation, Forster advises clients on business practices and risk mitigation strategies. He serves as chair of North Dakota's Judicial Nominating Committee and represents the state bar association on the Trustees Council of the Foundation for Natural Resources and Energy Law.
A Bismarck native, Forster graduated at the top of his class from Chicago-Kent College of Law in 2010 and holds degrees in mathematics and history from Gonzaga University. Before joining Crowley Fleck, he clerked for the Honorable Morton Denlow in the U.S. District Court for the Northern District of Illinois and worked in the litigation department of a leading corporate law firm.
Owen Anderson
Professor and Distinguished Oil and Gas Scholar, University of Texas School of Law
Energy Law at a Crossroads: Oil, Gas, and Carbon Capture in a Changing Landscape
Owen L. Anderson is a professor and distinguished oil and gas scholar at the University of Texas School of Law where he serves as co-academic director of the Kay Bailey Hutchison Center for Energy Law & Business. He is the Eugene Kuntz Chair Emeritus and George Lynn Cross Research Professor Emeritus at the University of Oklahoma and regularly teaches at universities worldwide including, Melbourne, Sydney, and Dundee.
A globally recognized expert in domestic and international petroleum law, Professor Anderson has lectured across six continents and authored over 100 articles. He is a co-author of International Petroleum Law and Transactions, Hemingway Oil and Gas Law and Taxation, Cases and Materials on Oil & Gas Law, and A Student's Guide to Estates in Land and Future Interests. He has also contributed to leading oil and gas law treatises, including Kuntz on Oil and Gas Law and Waters and Water Rights.
Professor Anderson has held leadership roles in the Association of International Petroleum Negotiators, the Institute for Energy Law, and the Rockey Mountain Mineral Law Foundation. He is an active arbitrator and consultant on oil and gas law and policy, holding memberships in the Texas, Oklahoma, and North Dakota bars.
Justin Kringstad
Director, North Dakota Pipeline Authority
Growing North Dakota's Midstream Industry: Lesson's Learned and the Road Ahead
In August 2008, Justin Kringstad was appointed by the North Dakota Industrial Commission as director of the North Dakota Pipeline Authority. He received his Geological Engineering Degree from the University of North Dakota. Prior to his time with the North Dakota Pipeline Authority Kringstad worked with the North Dakota Oil & Gas Division, the Energy and Environmental Research Center, the North Dakota Geological Survey, and Terra Resources.
Dr. Brian Kalk
Chief Research Officer, Energy & Environmental Research Center
Challenges and Opportunities in Meeting Future Energy Demands
Dr. Brian P. Kalk is the Chief Reserach Officer at the Energy & Environmental Research Center (EERC), where he leads research efforts to develop innovative technologies and solutions for critical energy and environmental challenges. A seasoned leader with expertise in project management, business development, and regulatory affairs, he plays a key role in advancing the EERC's mission and strategic initiatives.
Dr. Kalk holds a Ph.D. in Natural Resource Management and an M.S. in Environmental Engineering from North Dakota State University (NDSU), as well as a B.S. in Political Science from Campbell University. He began his career in the U.S. Marine Corps, serving overseas in Desert Storm, Bosnia, and Iraq, and participating in embassy evacuations in Liberia and the Central African Republic. He retired as a Major in 2006.
Following his military service, Dr. Kalk taught at NDSU and later served as a member and chair of the North Dakota Public Service Commission (2009-2017), overseeing electric generation, transmission, and pipeline safety. He has held leadership roles in the NDSU Research and Technology Park and the National Coal Council and has contributed extensively to state and federal energy policy development.
Michael Green
VP and Deputy Counsel, TerraPower LLC
Today and in the Future
Michael Green serves as Vice President and Deputy Counsel at TerraPower LLC, a leading innovator in advanced nuclear energy technologies. Based in Bellevue, Washington. He provides strategic legal counsel to support TerraPower's mission of developing sustainable and cutting-edge energy solutions.
Green plays a critical role in regulatory compliance, corporate governance, and risk management within the energy sector. A recognized leader in the field, Green is committed to advancing clean energy innovation and shaping the future of nuclear technology through sound legal and police guidance.
Keith B. Hall
Nesser Family Chair in Energy Law, Paul M. Herbert Law Center, LSU
Director, John P. Laborde Energy Law Center,
Director, Mineral Law Institute
Legal and Public Policy Issues Raised by Carbon Capture and Storage
Keith B. Hall is the Nesser Family Chair in Energy Law, Campanile Charities Professor of Energy Law, and John P. Laborde Endowed Professor of Energy Law at LSU. He serves as director of the John P. Laborde Energy Law Center and the Mineral Law Institute, where he teaches Mineral Rights, International Petroleum Transactions, Energy Law & Regulation, and Civil Law Property.
A leading authority in energy law, Professor Hall has authored extensive scholarship on oil and gas leases, pooling and unitization, hydraulic fracturing, induced seismicity, and produced water management. He is co-author of three influential books, including a widely used national oil and gas casebook, a legal guide on hydraulic fracturing published by the American Bar Association, and the foremost textbook on international petroleum law and transactions.
A sought-after speaker at national and international energy law conferences, Professor Hall has also taught as a visiting professor at Baku State University, the University of Pittsburgh, and Loyola Law School (New Orleans). Before joining LSU, he spent 16 years in private practice at Stone Pigman Walther Wittmann, focusing on oil and gas litigation, environmental law, and toxic torts. He serves in leadership roles with the Institute for Energy Law, the Foundation for Natural Resources and Energy Law, and the Energy & Mineral Law Foundation. A registered professional engineer (inactive), he continues to shape the field of energy law through his research, teaching, and professional service.