Williston Basin Interstate Pipeline Co. v. an Exclusive Gas Storage Leasehold & Easement in the Cloverly Subterranean Geological Formation

Williston Basin Interstate Pipeline Company (Williston) claims that it has lost and is continuing to lose natural gas stored in its Elk Basin Storage Reservoir due to the operation of gas production wells owned by Howell Petroleum Corporation and Ana-darko Petroleum Corporation (Howell/ Anadarko). Two of those wells are located within the lateral boundaries of Williston’s storage reservoir, but are completed in geologic formations (the Morrison and Sundance formations) below the geologic formation in which Williston stores its natural gas (the Cloverly formation). Willi-ston brought an action in federal district court, seeking damages and injunctive relief pursuant to its state law claims of conversion and negligence and also seeking to condemn the two Howell/ Anadarko wells located within the lateral boundaries of the Elk Basin Storage Reservoir. The district court dismissed Williston’s action. In this appeal, we consider Williston’s arguments that the district court erred in dismissing Williston’s complaint for lack of subject matter jurisdiction or for failure to state a claim under the Natural Gas Act (NGA), 15 U.S.C. §§ 717 -717Z. Williston contends that the district court…