Willston Basin v. an Exclusive Gas Storage Leasehold and Easement in the Cloverly Subterranean Geological Formation

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

WILLISTON BASIN INTERSTATE 

PIPELINE COMPANY,

Plaintiff-Appellant, v.

AN EXCLUSIVE GAS STORAGE

LEASEHOLD AND EASEMENT IN THE

CLOVERLY SUBTERRANEAN

GEOLOGICAL FORMATION, INCLUDING No. 06-35660

BUT NOT LIMITED TO THE FORMATION

BENEATH SECTION 35, T9S, R23E  D.C. No.

CV-06-00010-RFC

CARBON COUNTY, MONTANA, AND

OPINION

BENEATH SECTION 19, T58N, R99W

PARK COUNTY, WYOMING, AND

CERTAIN OIL OR GAS WELLS

LOCATED THEREIN; HOWELL

PETROLEUM CORPORATION;

ANADARKO PETROLEUM

CORPORATION,

Defendants-Appellees.  Appeal from the United States District Court for the District of Montana Richard F. Cebull, District Judge, Presiding

Argued and Submitted February 5, 2008—Seattle, Washington

Filed May 9, 2008

Before: Raymond C. Fisher, Ronald M. Gould, and Sandra S. Ikuta, Circuit Judges.

5153 5154 WILLISTON BASIN v. AN EXCLUSIVE GAS STORAGE Opinion by Judge Ikuta 5156 WILLISTON BASIN v. AN EXCLUSIVE GAS STORAGE

COUNSEL

Robert T. Hall, III (argued) and Andrea Wolfman, Thelen Reid Brown Raysman & Steiner LLP, Washington, D.C., for the plaintiff-appellant.

Jon…