Energy Transfer files petition after ND Supreme Court ruled DAPL security documents are public

BISMARCK — The Dakota Access Pipeline's parent company filed a petition for rehearing to the North Dakota Supreme Court after its decision that the documents between the pipeline operators and a private security firm are public record.

Energy Transfer on Thursday, May 12, filed a petition for rehearing, stating that the state's highest court "overlooked and/or misapprehended" certain facts of the case and the law.

The company argued that the contested documents aren't public because they do not meet the state's open record law's definition of "records," and weren't "received for use in connection with official or public business" — a stipulation that would make the documents public.

Late last month, the North Dakota Supreme court unanimously upheld a lower court's decision that rejected an effort by Energy Transfer to keep private 16,000 documents regarding a partnership with security contractor TigerSwan during the 2016 and 2017 DAPL protests near the Standing Rock Sioux Reservation.

Parties may file a petition for rehearing if they believe the Supreme Court overlooked or misapprehended a point of law of a fact of the case, the Supreme Court's website states. If the court grants the petition, it could make a determination about the case without rearguments, place the case on the court's calendar for resubmission or reargument or issue any other action.

Readers can reach Forum reporter Michelle Griffith, a Report for America corps member, at mgriffith@forumcomm.com.