Energy & Natural Resources

Brownstein Hyatt Farber Schreck is your guide to the complex, ever changing legal environment that surrounds energy and natural resources. Today, businesses in almost every industry face complex legal challenges from increasing regulatory oversight, growing public scrutiny and new environmental laws. With nationally respected practitioners in water, energy, hazardous waste, land use and renewable energy, we deliver the legal services required to balance prosperity and environmental responsibility.

Our attorneys practice in virtually every area of natural resource law and bring superlative legal skills, extensive experience in Washington, D.C., and valuable relationships developed from years of practice to navigate the most complex natural resource matters. We routinely represent resource users, public agencies and utilities, manufacturers, mining and extraction companies, large landowners and developers in all aspects of their business. We also counsel associations, nonprofits and others organizations in the energy, natural resources and environmental space. Regardless of industry, we take a multi-disciplinary approach that brings together legal, lobbying and strategic services.

Contacts
Scott S. Slater 310.500.4600 sslater@bhfs.com
Recognition

Chambers USA, 2018

Colorado: Natural Resources & Environment

What the team is known for: Established group that offers expertise in a broad spectrum of transactional, regulatory and litigation matters. Well versed in water issues and highly regarded for advising oil and gas industry clients on matters including mining, air and hazardous waste compliance. Extensive experience in permitting matters.

Strengths: Sources say: "The very good water resources practice."

    Representative Matters
    • Represents COGA and its member companies with respect to addressing all relevant legislation, statewide ballot measures, and local government regulations.

    • Assisted client in preparing remediated property for sale to park foundation in the middle of heavily industrialized area of Los Angeles County with no nearby park serving local residents. Services included negotiating and documenting sale, drafting appropriate deed restrictions to prevent change of use that could expose seller to risk of liability, resolving/clearing title issues, drafting lease agreement, coordinating with buyer in negotiations with regulatory agencies for bona fide purchaser status under California Land Reuse and Revitalization Act of 2004 (CLRRA), Prospective Purchaser agreement, agreement and covenant not to sue (from DTSC), land use covenant and agreement for environmental restrictions, and related documents. Transaction was completed timely.

    • Successfully represented the Colorado Oil and Gas Association 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.

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

    • Successfully represented a large oil and gas company in a high profile regulatory proceeding before the Colorado Oil and Gas Conservation Commission regarding potential violations related to the company's deep water injection wells and low-level earthquakes in the region. This work included assisting the company in obtaining permits for new deep water injection wells.

    • Represented Noble Energy and WPX Energy 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.

    • Representation of a national solar module manufacturer in connection with tax incentives on a solar photovoltaic project in Clark County, Nevada

    • Development of a process and framework to select a zero emissions technology for subsequent preparation of a RFQ/RFP to implement an environmentally friendly system to move shipping containers from the ports' docks to railroad distribution yards. Advised the ports concerning selection of procurement frameworks, public contracting, public relations, public records and confidential information.

    • Successfully represented Madison Capital in an oil and gas case involving properties in Colorado and New Mexico.

    • Represented a large, multi-state cattle ranching operation in obtaining a favorable ruling from the IRS regarding a split-off of the business between family members.

    • Represented Aspect Abundant Shale, a Denver-based energy and natural resources company, in its $250 million sale of two natural gas wells in Arkansas to a Texas-based oil and natural gas company.

    • Successfully defended Trans-Canada Pipeline, a large Canadian pipeline company, in a gas transportation antitrust case in Federal Court in Montana. Paladin Associates v. Montana Power et al.

    • Provided land use and CEQA compliance advice to the first wind project in Santa Barbara County.

    Publications
    News & Events

    Meet The Team

    Peter N. Brown Shareholder T 805.882.1401 pbrown@bhfs.com
    Beth Collins Shareholder T 805.882.1419 bcollins@bhfs.com
    Diane C. De Felice Shareholder T 310.500.4613 ddefelice@bhfs.com
    Mark J. Mathews Shareholder T 303.223.1179 mmathews@bhfs.com
    Steven A. Amerikaner Shareholder T 805.882.1407 samerikaner@bhfs.com
    Hubert A. Farbes, Jr. Shareholder T 303.223.1186 hfarbes@bhfs.com
    Alicia Harrison Senior Land Use Project Manager T 805.882.1442 aharrison@bhfs.com
    Jena Shoaf Acos Associate T 805.882.1427 jacos@bhfs.com
    Robert P. Attai Shareholder T 303.223.1271 rattai@bhfs.com
    Chris Frahm Shareholder T 619.702.6917 cfrahm@bhfs.com
    Jessica L. Diaz Associate T 805-882-1416 jdiaz@bhfs.com
    Martha L. Fitzgerald Shareholder T 303.223.1472 mfitzgerald@bhfs.com
    Wayne F. Forman Shareholder T 303.223.1120 wforman@bhfs.com
    Bradley J. Herrema Shareholder T 310.500.4609 bherrema@bhfs.com
    Christopher R. Guillen Associate T 310.500.4633 cguillen@bhfs.com
    Christine A. Jochim Of Counsel T 303.223.1163 cjochim@bhfs.com
    Dulcinea Z. Hanuschak Shareholder T 303.223.1184 dhanuschak@bhfs.com
    Dylan K. Johnson Associate T 805.882.1413 djohnson@bhfs.com
    Gary M. Kvistad Shareholder T 805.882.1414 gkvistad@bhfs.com
    Jeffrey A. Jay Associate T 303.223.1173 jjay@bhfs.com
    Kenneth Khachigian Senior Partner T 949.498.3879 kkhachigian@bhfs.com
    Lawrence J. Jensen Shareholder T 202.747.0509 ljensen@bhfs.com
    Stephanie Osler Hastings Shareholder T 805.882.1415 shastings@bhfs.com
    Andrew L. Meyers Shareholder T 303.223.1193 ameyers@bhfs.com
    Russell M. McGlothlin Shareholder T 805.882.1418 rmcglothlin@bhfs.com
    Amy M. Steinfeld Shareholder T 805.882.1409 asteinfeld@bhfs.com
    Hal Stratton Shareholder T 505.724.9596 hstratton@bhfs.com
    Julia E. Rhine Associate T 303.223.1279 jrhine@bhfs.com
    Jonathan C. Sandler Shareholder T 310.564.8672 jsandler@bhfs.com
    Michael P. Smith Associate T 303.223.1150 msmith@bhfs.com
    Ronda L. Sandquist Shareholder T 303.223.1191 rsandquist@bhfs.com
    Robert J. Saperstein Shareholder T 805.882.1417 rsaperstein@bhfs.com
    Ryan A. Smith Shareholder T 202.747.0507 rsmith@bhfs.com
    Susan F. Petrovich Shareholder T 805.882.1405 spetrovich@bhfs.com
    Steven O. Sims Shareholder T 303.223.1149 ssims@bhfs.com
    Scott S. Slater Shareholder T 310.500.4600 sslater@bhfs.com
    Brooke M. Wangsgard Associate T 310.500.4627 bwangsgard@bhfs.com
    Carolynne C. White Shareholder T 303.223.1197 cwhite@bhfs.com
    Ryan Waterman Shareholder T 619.702.7569 rwaterman@bhfs.com
    Sarah Walters Counsel T 202.383.4719 swalters@bhfs.com
    Kara Kenfield Paralegal T 303.223.1485 kkenfield@bhfs.com
    Margaret H. Cawthra Paralegal T 303.223.1358 mcawthra@bhfs.com
    Patricia L. Davis Paralegal T 303.223.1344 pdavis@bhfs.com
    Shirley M. Newman Paralegal T 303.223.1376 snewman@bhfs.com
    Jon Hrobsky Policy Director T 202.872.5294 jhrobsky@bhfs.com
    Luke D. Johnson Policy Director T 202.747.0513 ldjohnson@bhfs.com