221230P.pdf   01/27/2023  Timothy Brown  v.  Continental Resources, Inc.
   U.S. Court of Appeals Case No:  22-1230
   U.S. District Court for the District of South Dakota - Western   
   [PUBLISHED] [Kobes, Author, with Kelly and Wollman, Circuit Judges] 
   Civil case - Oil and Gas. The Drilling and Pipeline Agreements between the 
   parties released defendants from liability for surface damage plaintiffs 
   allege was caused by defendant trucking water to the well site; the trucks 
   were operated in connection with input and oil recovery operations and the 
   agreements contemplated such activities and released defendant from any 
   and all surface damages flowing from the operations; South Dakota law does 
   not recognize a claim for lost use and the district court did not err in 
   granting defendant summary judgment on plaintiff's claim for compensation 
   for lost use of pore space.