Bret Sumner
Shareholder
Emerging Energy & Infrastructure, Environmental, Federal, Litigation

Bret Sumner is a nationally recognized energy attorney specializing in project development, permitting, risk management, litigation, and government affairs advocacy. Bret brings over 25 years of experience to the table for our clients, always with a focus on keeping projects moving forward and profitable.
His portfolio spans upstream and midstream oil and gas development, carbon capture and storage (CCS), electric transmission, rare earth and critical mineral mining, helium development, and pipeline projects. Bret also advises companies on federal oil and gas leasing, permitting, royalty matters, commingling, regulatory and environmental compliance, and surface access.
With extensive experience in working with the full spectrum of federal agencies responsible for energy and infrastructure project authorizations, Bret collaborates closely with industry leaders, federal regulators, project stakeholders, and local, state and federal leaders on high-stakes project advocacy.
Bret leverages his permitting expertise to help companies plan projects, develop advocacy strategies, and engage with federal agencies to promote efficient project approvals while also minimizing permitting delays and litigation risk.
When opponents inevitably challenge energy project approvals, Bret regularly defends these permit approvals and project authorizations against legal challenges in federal courts and administrative venues, involving claims brought under federal statutes, such as the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), the Clean Air Act (CAA), the Federal Land Policy and Management Act (FLPMA), and the National Historic Preservation Act (NHPA).
Bret also works with federal regulators and legislators to create, revise, and interpret new laws, regulations, and policies related to the energy industry and development of federal lands, natural resources, and minerals.
Bret is admitted to practice before the U.S. Supreme Court, and in Washington D.C., Colorado, Texas, and Utah, as well as numerous U.S. Courts of Appeal and Federal District Courts. He is a frequent speaker and author and lends his expertise to numerous national, regional, and state oil and gas trade associations.
Before joining Beatty & Wozniak, Bret practiced in the Washington, D.C. and Denver offices of the international law firm of Fulbright & Jaworski, L.L.P.
When not advocating for our clients in the courtroom, strategizing in the boardroom, or engaging with industry trade associations throughout the country, Bret enjoys adventuring in the American West with family, and volunteering with Scouting America, keeping his Eagle Scout skills sharp by serving his local Scout Troop and Scouts located around the globe.
Education
Catholic University of America, Columbus School of Law, Washington, District of Columbia
- J.D., Doctor of Jurisprudence – 1998
- Note and Comments Editor, The Catholic University Law Review
James Madison University, Harrisonburg, Virginia
- B.S., Bachelor of Science – 1992
- Honors: magna cum laude
- Major: Political Science and History
Bar Admissions
- Supreme Court of the United States of America
- District of Columbia, 1998
- Texas, 2020
- Colorado, 2006
- Utah, 2005
Professional Associations
- Western Energy Alliance, Board of Directors; Vice Chair of the Board for Gov’t and Public Affairs
- Petroleum Association of Wyoming
- New Mexico Oil and Gas Association
- The Foundation for Natural Resources and Energy Law
- Edison Electric Institute
Pro Bono Activities
- Representation before the Bureau of Veterans Affairs, 2005 to 2006
- Risers-4-Rhett, 2019 to 2021
Representative Experience
- Defended infrastructure and energy projects against legal challenges brought under the ESA, NEPA, and the CAA
- Represented oil and gas companies and trade associations in litigation involving federal land use plans, leasing, and permitting
- Represented oil and gas trade associations as defendant-intervenors in climate and air quality lawsuits challenging federal lease sales and permits in multiple states
- Advised clients in mitigating ESA risks tied to project development in the Permian and Delaware Basins
- Represented coalitions of oil and gas, ranching, and agricultural organizations in litigation under the ESA, NEPA, and FLPMA
- Served as lead counsel in the largest Renewable Energy Certificate (REC) purchase in U.S. history at the time (300,000 megawatts)
- Defended three oil and gas companies in litigation, upholding Bureau of Land Management (BLM) and U.S. Forest Service (USFS) project authorizations in southwestern Colorado
- Represented E&P companies and a gathering affiliate in the defense of BLM wildlife-related project approvals in Wyoming
- Negotiated multi-party settlement resolving a decades-long dispute involving federal oil and gas lessees, the State of Colorado, the Department of the Interior (DOI), and environmental groups
- Led development planning, permitting, litigation risk management, and environmental compliance for an 8,500-well waterflood and infill project spanning 120,000 acres in Utah’s Uinta Basin
- Counseled pipeline developers on U.S. Army Corps of Engineers (USACE) permitting and compliance
- Advised companies on ESA compliance, including Section 7 consultation, conservation strategies, and permitting with Department of the Interior (DOI), U.S. Fish and Wildlife Service (USFWS), Bureau of Land Management (BLM), and Bureau of Indian Affairs (BIA)
- Counseled companies on project planning, conservation, and enforcement issues under the Migratory Bird Treaty Act (MBTA)
- Represented clients in Clean Water Act Section 404 permitting and Section 311 enforcement actions involving the U.S. Army Corps of Engineers (USACE) and Environmental Protection Agency (EPA)
- Drafted federal legislation on leasing, permitting, and federal oil and gas development reforms and represented oil and gas trade associations in stakeholder negotiations and advocacy before Congress
Honors & Awards
- “Rising Star” Energy and Natural Resources Attorney, 2009 and 2010 Colorado Super Lawyers Publications
- 50 for Colorado, Executive Development Program, Leeds School of Business, University of Colorado, Class of 2007
- Eagle Scout
Published Works
- EPA GHG Presentation and Workshop, Petroleum Alliance of Oklahoma (November 2024)
- Litigated Lease Workshop, Western Energy Alliance (September 2024)
- >Federal Leasing Litigation, Presentation, Rockies Petroleum Conference (August 2024)
- BLM’s New Leasing Regulations, Presentation (July 2024)
- BLM’s New Waste Prevention Rules, Presentation (April 2024)
- National Environmental Policy Act, Lecture, University of Wyoming (March 2024)
- Youth Plaintiffs – The New Trend in Climate Lawsuits, Presentation, Fall Institute, Petroleum Alliance of Oklahoma (November 2023)
- Key Onshore Provisions of the Inflation Reduction Act, Presentation, Fall Institute, Petroleum Alliance of Oklahoma (November 2022)
- Carbon Capture and Storage, AAPL (2021)
- Federal Forecast: Legal, Regulatory and Policy Issues, Presentation, Petroleum Alliance of Wyoming (August 2021)
- Federal Land Use Plans, Rocky Mountain Mineral Law Foundation (April 2021)
- Permitting Electric Transmission Projects, ESIG Seminar (Feb. 2021)
- Endangered Species Act Strategies, RMMLF Special Institute (October 2019)
- Climate Change Litigation, Beatty & Wozniak Seminar (March 2018)
- EPA’s Role in the NEPA Process, RMMLF, Special NEPA Institute (Nov. 2017)
- Federal Policy Update, Petroleum Association of Wyoming (August 2017)
- Federal Land Use Plan Amendments and Litigation Update, University of Wyoming Energy Conference (Oct. 2016)
- The Endangered Species Act: Strategies for Oil and Gas Companies, The Center for American and International Law, 66th Annual Oil & Gas Law Conference (Feb. 2015)
- Federal Master Leasing Plans, EUCI Seminar (April 2013)
- Managing Regulatory and Litigation Risks Associated with Hydraulic Fracturing, EUCI Conference, (Feb. 2012)
- Current BLM Leasing Policy, Rocky Mountain Land Use Institute, Denver University School of Law (Feb. 2012)
- Federal Regulatory and Environmental Issues Relevant to Lease Access, NALTA Annual Conference (September 28, 2011)
- BLM Regulatory Changes & Implications for Producers, IPAA Access and Resource Development Conference, Colorado Springs, Colorado (June 2010)
- Legal Update: Recent Cases and Legal Challenges involving Air Quality and GHGs, Rocky Mountain Environmental, Health, and Safety Peer Group, Quarterly Meeting (October 2009)
- Legal Update: Recent Cases and Legal Challenges, IPAMS Annual Meeting and Summer Conference (June 2009)
- Projects in Sensitive Areas: How to Facilitate Authorization and Minimize Litigation Risks, Colorado Oil and Gas Association Annual Conference, Rocky Mountain Energy Epicenter (July 2008)
- Legal Update: Wilderness Characteristics; Global Warming, Climate Change and GHG Emissions, IPAMS Annual Meeting and Summer Conference (June 2008)
- Leasing Due Diligence on Federal Lands, Denver Association of Petroleum Landmen’s Fall Land Institute, Denver, Colorado (Oct. 2007)
- Look Before You Lease RMPs and Post-Pennaco Leasing Issues, American Association of Professional Landmen’s Santa Fe Land Institute, Santa Fe, New Mexico (Sept. 2006)
- Fighting Pseudo-Science with Hard Science: How to Combat Legal Challenges to Oil & Gas Projects Under NEPA and FLPMA, Colorado Oil & Gas Association’s 16th Annual Conference, Denver, Colorado (August 2006)
- NEPA Process Applied to Federal Land Development Decisions: The Powder River CBM Experience, Rocky Mountain Mineral Law Foundation Special Institute on NEPA and Federal Land Development, Denver, Colorado (February 2006)
- Federal Land Access Issues, New Mexico Oil and Gas Association Annual Conference, Santa Fe, New Mexico (October 2005)
Classes & Seminars
- Carbon Capture and Storage, AAPL Santa Fe Land Institute, 2021
- Federal Land Use Plans, Rocky Mountain Mineral Law Foundation, 2021
- Permitting Electric Transmission Projects, ESIG Seminar, 2021
- Endangered Species Act Strategies, Rocky Mountain Mineral Law Foundation, 2019
- Climate Change Litigation, Seminar, 2018
