Our Practice
Our Practice is comprised of some of the most well-known and highly respected attorneys practicing in the areas of Oil and Gas and in the areas of real estate, business and finance transactions involving Oil and Gas. Our attorneys are experienced in providing legal services in the following areas:
- Acquisition, exploration and development, and production of mineral properties
- Mergers and acquisition of public and privately-held oil and gas companies
- Complex title examinations on federal, Indian, state and fee lands
- Administrative hearings and appeals before federal, Indian, state and local agencies
- Operations permitting, environmental and regulatory compliance
- Taxation of mineral properties
- Mineral interest financing and oil and gas company financing with commercial bank lenders and mezzanine financial entities
- Transportation and pipeline operations
- Mineral royalty valuation and management
- Oil and gas upstream, midstream and downstream related litigation
- Oil and gas joint ventures with strategic and financial partners
- Downstream ventures with users of oil and gas for other than fuel applications
- Oil and gas company equity placements, including with private equity investors
- Real estate acquisition, land use, entitlements, construction and development of oil and gas company manufacturing, operating, training and R&D facilities.
Our Attorneys
Our attorneys advise clients on all phases of public land, leasing, exchange and development, rights-of-way acquisition, oil and gas, geothermal, and energy law. Our attorneys work with clients operating throughout the west and around the globe, representing their interests on sovereign, federal, Indian, state, and fee lands. Our real estate attorneys additionally represent oil and gas company clients on acquisition, land use, entitlement, construction and development of related facilities. Our attorneys in our business and finance practice group advise oil and gas companies on, and work on the implementation of, a wide variety of strategic and financial organization, reorganization and growth transactions requiring an understanding of oil and gas valuations and related metrics. Our experienced team of attorneys regularly present at national and global conferences on the issues they work to resolve, offering their valuable experience to other attorneys and companies facing similar issues.
Our Clients
Our oil, gas and natural resources group represents major and independent oil and gas companies in all aspects of their operations and entity transactions. We represent these companies located throughout the Western United States and around the globe. Whether the business plan calls for expansion or acquisition, our attorneys use their skills to advocate for our clients’ best interests and are committed to achieving their business goals and finding business solutions for them.
Our Experience
Following is a list of our representative experience:
Transactional
- Oil and gas equity financing for major and large independent oil and gas exploration and production companies
- Drafted a complex series of contracts for engineering and construction of an oil and gas multi-purpose rail facility in North Dakota
- Drafted a series of construction contracts for oil and gas gathering plant in Oklahoma
- Drafted contract for construction of fracking sand mine in Wisconsin
- Created master contract and detailed checklist for construction of major infrastructure projects on behalf of large oil and gas producer
- Drafted master services agreement and associated contracts for major upgrade of Colorado refinery
- Extensively renegotiated and revised two large Engineering, Procurement and Construction (EPC) contracts for ethanol plants in Nebraska and Minnesota
- Negotiated EPC contract for construction of natural gas-fired power plant and purchase of plant site and water rights and obtained regulatory approvals for plant construction
- Represented public oil and gas company in acquisition of major gas field offshore Australia
- Represented oil and gas company with joint venture for exploration in Bakken shale field in Montana
- Represented sellers in sale of interests in substantial producing oil and gas properties for consideration that included stock in public acquirer
- Represented oil and gas company in negotiation of downstream joint venture with major chemical company for use of gas both for methane fuel and petrochemical applications
- Represented oil and gas private equity firm in designing incentive compensation for staff tied to oil and gas transactions and metrics
- Represented oil and gas investment company in restructuring its organization to facilitate acquisition by two major financial companies
- Represented international oil and gas private investor in gaining control of public U.S. oil and gas company and in positioning the company for merger
- Represented European oil and gas investment fund in structuring U.S. oil and gas holdings
- Represented fortune five oil and gas company on acquisition and entitlement of its corporate campus for global training and alternative energy R&D facilities
Permitting, Land Use and Enviornmental Compliance
- Permitting and public land issues related to siting of interstate refined products pipeline
- Assisted pipeline companies in negotiations with Bureau of Land Management over the location of gas pipelines on public lands
- Represented federal lessee in a gas processing dispute with Bureau of Land Management
- Prosecuted federal district court challenge of proposed federal oil and gas lease stipulations on behalf of operator in Pinedale Anticline, Wyoming
- Negotiated land use, public lands and environmental permits for interstate refined products pipeline
- Assisted lender with due diligence regarding environmental and land use permits for oil shale project located on state lands in Uintah County, Utah
- Reinstated federal oil and gas leases improperly terminated by Bureau of Land Management for late payment of rentals and royalties
- Represented independent producers and distributors in litigation involving alleged soil and groundwater contamination
- Represented major oil company in numerous underground storage tank cleanup and cost recovery matters
- Represented international real estate investment and management company on matters pertaining to severed surface and mineral estates in Colorado, including the accommodation doctrine and related transactions
Title, Leasing and Royalty
- Rendered multiple oil and gas drilling and division order title opinions covering wells on federal, state and tribal lands in Utah and Wyoming
- Negotiated lease terms and surface use stipulations on behalf of urban landowner in Barrett Shale gas field
- Defended energy company before federal administrative law judge against Office of Natural Resources Revenue f/n/a Minerals Management Service penalty enforcement action for alleged failure or refusal to allow onshore lease royalty audit in New Mexico
- Defended energy company in royalty class action pending in Kansas state district court
- Defended energy company in putative royalty class action pending in United States District Court for Western District of Oklahoma.
- Defended energy company in royalty dispute pending in Oklahoma state district court.
- Advised energy company on royalty calculation practices related to post-production deductions
Administrative
- Represented oil and gas producers in administrative litigation under Utah Oil and Gas Conservation Ac
- Obtained spacing and force-pooling orders from Utah Board of Oil, Gas and Mining for Uintah basin operator
- Negotiated compliance with Utah Division of Oil, Gas & Mining enforcement actions on behalf of operator of produced water disposal facility
- Advising three major energy companies on offshore lease decommissioning obligations and corresponding federal regulations of Bureau of Safety and Environmental Enforcement and Bureau of Ocean Energy Management, f/n/a Minerals Management Service
Tribal
- Represented energy producers operating Navajo tribal oil and gas properties in litigation against state and local tax authorities
- Advised energy and minerals producers throughout the West on limits of state and local taxation of production from Native American reservations
- Conducted special investigation for and advised Tribe on oil and gas practices and activities on tribal lands in Utah
- Negotiated geothermal lease on tribal lands on behalf of operator
Litigation
- Successfully represented a major oil and gas producer in quiet title litigation against the United States and its successors concerning ownership of working and royalty interests
- Represented energy company in Arizona state superior court on its claim against mineral owner for alleged breach of lease option agreement
- Defended energy company in Brownsville, Texas federal district court against claim by lessor for alleged breach of implied lease covenants
- Defended energy company in Liberty County, Texas state district court in lawsuit involving a royalty dispute
- Defended energy company in Santa Fe County, New Mexico state district court against claim by surface owner for alleged ground water contamination
- Represented energy company in LaVaca County, Texas state district court on its claim against surface owner for breach of contract
- Represented energy company in Eagle County, Colorado state district court on its claim against other energy companies for breach of joint operating agreement
- Defended energy company in lien foreclosure lawsuit in Uintah County, Utah state district court
- Defended energy company in San Juan County, Utah state district court against claims by another energy company for alleged breach of express and implied obligations in farmout agreement and joint operating agreement
- Defended energy company in Brazoria County, Texas state district court against a claim by another energy company for alleged breach of preferential right to purchase in a joint operating agreement
- Represented energy company in Tarrant County, Texas state district court on its claim against mineral owner for alleged breach of lease option agreement
- Represented energy company in Denver County, Colorado state district court on its claim against mineral owner for alleged breach of lease option agreement
- Represented independent gas operator in transportation dispute with regional pipeline operator
- Successfully defended a gas pipeline designer against claim involving collapse of pipeline under large irrigation canal in northern Colorado
- Handled several condemnation actions involving compressor stations, pipelines, transmission lines, etc.
- Conducted numerous lien and contract close-out actions
- Defended interstate pipeline in federal district court challenge under National Environmental Policy Act
- Represented energy company on claim against working interest partner for failing to convey agreed-upon assignment of thousands of acres of mineral rights in Marcellus Shale
