Mont. Code Ann. » TITLE 82. MINERALS, OIL, AND GAS · CHAPTER 11. OIL AND GAS CONSERVATION · Part 1. Regulation by Board of Oil and Gas Conservation
Montana Code Annotated

Mont. Code Ann. § 82-11-147 (2026)

Violations

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  1. MCA Contents
  2. TITLE 82
  3. CHAPTER 11
  4. Part 1
  5. 82-11-147 Violations

TITLE 82. MINERALS, OIL, AND GAS

CHAPTER 11. OIL AND GAS CONSERVATION

Part 1. Regulation by Board of Oil and Gas Conservation

Violations

82-11-147. Violations. (1) Notwithstanding any other provisions of this chapter, if the board finds upon receipt of evidence:

(a) that a person is violating or threatening to violate this chapter or a rule or order of the board, the board may bring suit against that person in the district court of any county where the violation occurs or is threatened to restrain the person from continuing the violation or from carrying out the threat of violation; or

(b) that a person is violating this chapter or a rule or order of the board in a manner for which the board is authorized to institute proceedings pursuant to 82-11-149, the board may issue an order either assessing a civil penalty in the amount prescribed in 82-11-149, up to a maximum administrative penalty of $125,000, or requiring compliance with this chapter or a rule or order, or both.

(2) In a suit under subsection (1)(a), the court may grant to the board, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts may warrant, including temporary restraining orders.

History: En. Sec. 13, Ch. 238, L. 1953; amd. Sec. 75, Ch. 253, L. 1974; R.C.M. 1947, 60-136; amd. Sec. 10, Ch. 503, L. 1987.

Notes of Decisions
Cited in 3 cases, 1979–2009 · leading case: Hawley v. Bd. of Oil & Gas Conservation, 2000 MT 2, 993 P.2d 677.
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Hawley v. Bd. of Oil & Gas Conservation, 2000 MT 2, 993 P.2d 677. · cites it 6× “These statutes specifically authorize and direct the Board to seek judicial assistance in the form of injunctive relief, Section 82-11-147, and enforcement of monetary penalties, Section 82-11-149.”
U. v. Indus., Inc. v. Danielson, 602 P.2d 571 (Mont. 1979). · cites it 3× “The Act provides for restraining orders and injunctions (section 82-11-145, MCA), for an appeal to the Montana Supreme Court (section 82-11-146, MCA), and it allows the Board to bring suit for violations of the Act or of its rules or orders (section 82-11-147, MCA). Section…”
Pinnacle Gas Resources, Inc. v. Diamond Cross Props., LLC, 2009 MT 12, 201 P.3d 160. · cites it 2× “See § 82-10-510, MCA, and §§ 82-11-147 to 149, MCA. ¶ 39 With that in mind, § 1-2-103, MCA, provides: *168 Statutes in derogation of the common law—liberal construction.”
Mont. Code Ann. § 82-11-147(l)(a): 1 case
Hawley v. Bd. of Oil & Gas Conservation, 2000 MT 2, 993 P.2d 677. “These statutes specifically authorize and direct the Board to seek judicial assistance in the form of injunctive relief, Section 82-11-147, and enforcement of monetary penalties, Section 82-11-149.”
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