22
February

Energy

Energy & Natural Resources Law

It’s an exciting time to be involved in the broad field of energy and natural resources law in Oklahoma, Texas, Kansas, and many other states.  Are we truly in the era of peak oil? Will America’s energy policy shift toward increased use of natural gas? How much of our energy supply can or will come from renewable energy sources? How will climate change issues affect the energy industry?

For example, consider these recent developments, any one of which – directly or indirectly – may very well affect you or your business in some way:

  • Climate change (greenhouse gas) regulation and proposed legislation
  • BP oil spill – effect on public perception, Gulf Coast states, etc.
  • Renewable energy initiatives – wind, solar, etc.
  • Discovery of new reserves – e.g., Barnett Shale, Woodford Shale, Fayetteville Shale, Bakken Formation, Canadian Tar Sands, Marcellus Shale.
  • Technological developments in exploration, drilling, etc.
  • Coal ash spill and subsequent rulemaking
  • Growing public controversy and EPA study – e.g., hydraulic fracking
  • Recession and now fragile economic recovery

As this list illustrates, we are in a time of intense public policy debate in Oklahoma and around the nation about energy issues, keen societal interest, rapid change, studies and legislation, interest group conflict, increased threats, and new opportunities. It takes a lot of work to stay on top of it all.

To help you cope with whatever business, legal, or legal-related energy and natural resources problems you face in Oklahoma, Texas, Colorado, New Mexico, or anywhere else in the United States, you need a law firm that has the following capabilities:

  • A real practical understanding of how the industry works.
    • Several RWCS attorneys have worked in the oil and gas industry, as far back as the 1980s, in both Oklahoma and Texas.
  • In-depth knowledge of both traditional and new energy and natural resources fields and issues.
    • Through our long experience, many cases, and diligence, RWCS attorneys have gained significant expertise in traditional energy areas, such as oil and gas, and now are at the forefront of developments in areas such as renewable energy.
  • Strong transaction, counseling, and litigation skills.
    • If it’s nuts and bolts legal work you need, such as lease/contract review, title opinions, agency filings, etc., RWCS can get it done quickly and at reasonable cost.
    • If you want to be more proactive in anticipating and trying to avoid problems, such as regulatory issues, RWCS attorneys excel in business/legal counseling.
    • If you become involved in a lawsuit – actual or threatened – RWCS attorneys have outstanding litigation skills and experience. RWCS is expert in strategically evaluating litigation and determining the best course of action, conducting cost-effective discovery as needed, negotiating favorable settlements, or, if necessary, taking cases to trial. Even though most cases are settled these days, it is still crucial to hire a law firm that is outstanding in the courtroom – and that’s RWCS.
  • Superior expertise in handling environmental regulatory matters, permitting, compliance, remediation, and, if necessary, environmental litigation. Because many energy and environmental issues are intertwined, it is critical that your legal team have top-notch environmental skills and ability, as RWCS does.
  • A sophisticated understanding of the public policy issues and the ability to strategically and tactically represent your interests before elected officials, agencies, and the public.

Over the years, RWCS attorneys have represented hundreds of energy clients, including Fortune 500 companies, other publicly held companies, independents, operators, mineral interest owners, and individuals in the following energy and natural resouces fields:

  • Oil and gas exploration and production.
  • Pipelines
  • Service companies
  • Electrical power generation.
  • Transmission lines.
  • Renewable energy.
  • Manufacturing.

Our energy-related work has been primarily in Oklahoma and Texas, but also in states bordering those, including Kansas, Colorado, New Mexico, Louisiana, etc., and also in other jurisdictions as the need has arisen.

These are some of the types of significant energy-related cases or matters in Oklahoma and other states that RWCS attorneys have worked on or are working on:

  • Defense of producers against royalty and working interest owner class actions or other litigation seeking compensation for underpayment or mismeasurement.
  • Representation of producers against other producers or royalty owners in contract or lease disputes. 
  • Precedent-setting litigation involving conversion of natural gas in underground storage and resulting large-scale acquisition of protective easements.
  • Representation of companies in development of new power plants, including property acquisition, pipelines, water rights, easements, due diligence, permitting, and financing.
  • All environmental issues associated with traditional energy resource extraction, processing, and transportation operations, including contaminated sites, water pollution, air pollution (from compressor stations to refineries), Surface Damages Act, common law nuisance, leaking underground storage tanks, etc.
  • Oil and gas drilling issues under the regulation of the Oklahoma Corporation Commission, such as applications for pooling or spacing orders, location exceptions, unitization plans, increased density, etc., and well site cleanups.
  • Transactional work including negotiation and interpretation of energy-related contracts such as acquisitions, easements, leases, joint operating agreements, etc.
  • Surface Damages Act issues.
  • Advocacy of client interests in the public policy forum including legislation, rulemaking, etc.
  • Representation of manufacturing clients who use large amounts of fuel and have associated energy and environmental issues.

Note: RWCS fully recognizes that the field of energy and natural resources law is intertwined with the field of environmental law.  You will find additional information about RWCS capabilities in both areas under our Environmental Law services.