
No Risk, No Reward: The Liberty v. NDIC Decision Holds That Risk Penalties Can be Recovered From Total Unit Production
In Liberty Petro. Corp. v. N.D. Indus. Comm’n,111 N.W.3d 851 (N.D. 2024). the Supreme Court of North Dakota addressed whether nonconsent risk penalties must be assessed on a well-by-well basis or can be recovered from overall unit production.…