Background
Concentrates on oil and gas, carbon management, environmental contamination and land use law. Involved in many of the major disputes facing the energy industry in Colorado.
Mark Mathews has successfully represented oil and gas and mining clients and real estate development companies in litigation and regulatory rulemakings concerning oil and gas preemption and royalty issues, hazardous waste contamination, enforcement of oil and gas regulations, zoning and development disputes and land use permitting issues.
Mark represents real estate development companies, lenders and borrowers on environmental matters, including contaminated properties, remediation of hazardous substances and environmental liability issues. He counsels real estate interests and lenders involved in transactions relating to soil, groundwater and air contamination, and, most recently, per- and polyfluoroalkyl (PFAS) contamination.
Mark is also outside regulatory and litigation counsel for the Colorado Oil and Gas Association (COGA) and outside litigation counsel for the American Petroleum Institute (API). He has represented COGA, API, Extraction Oil and Gas, Martin Marietta Materials and other energy companies in high-profile matters concerning operational preemption between state and local governments and challenges to Colorado Oil and Gas Conservation Commission (COGCC)—now renamed the Energy and Carbon Management Commission effective July 1, 2023—permits, state oil and gas regulations and local government land use permits.
Mark frequently represents his clients before the COGCC and has been involved in major oil and gas rulemakings on flowline regulations, setback requirements and financial assurance regulations on behalf of COGA and individual operators.
Representative Matters
- 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.
Insights & Publications
Insights & Publications
News
News
Credentials
Education
- J.D., Stanford Law School, with high honors
- B.A., Yale University, magna cum laude
Admissions
- Colorado
- District of Columbia
- California
Memberships
American Bar Association
California Bar Association
Colorado Bar Association
Denver Bar Association
District of Columbia Bar Association
Community Involvement
COMMUNITY INVOLVEMENT
Board of Directors, Global Dental Relief
Executive Board, Aurora Economic Development Council
Board of Directors, American Red Cross, Mile High Chapter
Recognition
AWARDS
“Mark is very well respected. He’s done a lot of complicated and excellent risk management work.” – Chambers USA, 2023
“He is incredibly professional and prepared. His level of service to clients is top-notch and he is an amazing asset and is wonderful to work with.” “He’s a well-regarded litigator and a very excellent lawyer in the space. He’s very collaborative to work with. He is persistent and hard-working and represents clients well.” – Chambers USA, 2022
5280 Top Lawyers, 2015-2026
The Best Lawyers in America, 2014-2026
Colorado Super Lawyers, 2012-2013, 2018-2019
Chambers USA, 2010-2025
Lawdragon, 500 Leading U.S. Energy Lawyers, 2021, 2023-2025
Influencers: Law, The Business Journals, 2018
Who’s Who in Energy, Denver Business Journal, 2015-2018
Powerbook Top Ten Newsmaker Award, Denver Business Journal
American Red Cross Volunteer Leadership Award, 2017
Editor, Stanford Law Journal
Articles Editor, Stanford Environmental Law Journal
