“Rather than starting from and accepting the self-evident, defendants engage in far-ranging, attempted flights of legal imagination – based on the presumed ambiguity of the statute – to spin an improbable different story,” the landowners argued.
Anadarko Wyoming Antitrust Lawsuit : Constitutional Claims
Additionally, the landowners dismissed Anadarko’s assertions that their claims under the Wyoming Constitution should fail. Anadarko argued that the constitutional provisions cited – Article 1, Section 30, and Article 10, Section 8 – lack enabling statutes and are not applicable to private entities. The landowners, however, maintain that these constitutional prohibitions directly apply to private corporations.
State Action Allegations
The landowners also allege that state action is involved, referencing Anadarko’s submission of over 2,200 drilling permit applications to the Wyoming Oil & Gas Conservation Commission.
“Plaintiffs have accordingly alleged state action sufficient to assert a claim under Wyoming’s constitution, to the extent the presence of such state action is required,” they stated in their response.
Anadarko Wyoming Antitrust Lawsuit : Trial and Representation
The case is scheduled for a three-week trial in mid-August. Representatives for both parties were not immediately available for comment.
