Mark J. Mathews

Successfully represented Extraction Oil and Gas in Boulder District Court against Boulder County’s challenge to Extraction’s leases. The Court ruled against Boulder’s theory that pooling restrictions in the leases precluded Extraction from pooling multiple leases, and held for Extraction on all points of law.

Successfully represented COGA in litigation against the cities of Lafayette, Fort Collins, and Longmont regarding bans or moratoria on hydraulic fracturing activities, prevailing on summary judgment in each matter. This litigation involved precedent-setting issues pertaining to state versus local preemption of oil and gas activities, and culminated in two rulings by the Colorado Supreme Court striking down Longmont's ban and Fort Collin's five-year moratorium on hydraulic fracturing.

Won a major ruling in Adams County District Court on behalf of client, Colorado Oil & Gas Association (COGA) and the American Petroleum Institute (API). COGA and API jointly filed suit to overturn a number of oil and gas regulations adopted by the City of Thornton. Colorado District Court Judge Edward Moss ruled that many of Thornton’s regulations, including its setback regulations, were illegal and operationally preempted by state law.

Represented COGA and its member companies with respect to addressing a variety of legislative issues, including the 2019 omnibus oil and gas bill, statewide ballot measures, and local government regulations.

Successfully represented COGA and its members in a number of complex, multi-day rulemaking before the COGCC , including rulemakings concerning new setback requirements and new flowline regulations governing mapping, registration, removal and integrity management issues.

Represented several energy companies in opposing potential state-wide ballot initiatives impacting oil and gas operations. This work included devising a legal and government relations strategy to oppose twelve different ballot measures.

Represented COGA and several operators in the seven-month long “Mission Change” rulemaking rewriting nearly all of the existing oil and gas regulations after the enactment of SB 19-181.

Represented Cotter Corporation, a large uranium production company, in the long-term remediation of its property in litigation actions with private parties, including all issues pertaining to land use and environment, surety and environmental matters. Representation included successfully defending the company in litigation brought by environmental groups regarding the remediation, negotiating a complex cleanup settlement with federal and state environmental authorities, and overseeing each step of the remediation.

Represents Martin Marietta Materials, the largest aggregate producer in the Western United States, on all land use and environmental issues that arise from its quarrying and manufacturing activities. This work includes representing the company in litigation and administrative proceedings pertaining to alleged air, water and waste violations, as well as zoning and permit approvals.

Represented numerous development companies with respect to the investigation and remediation of soil and groundwater on their sites.  Part of this representation included negotiating voluntary cleanup agreements with the Colorado Department of Public Health and Environment and different kinds of negotiated documents with the Environmental Protection Agency, including Bona Fide Purchase Agreements protecting the client from ongoing liability.