Bret Sumner

Shareholder

Phone: (303) 407-4436

bsumner@bwenergylaw.com

Emerging Energy & Infrastructure, Federal, Litigation, Regulatory

sumner bret

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, produced water infrastructure and policy, 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. His federal legislative practice includes advising clients on major energy legislation, recently including the Inflation Reduction Act of 2022 and the One Big Beautiful Bill Act of 2025, as well as the development of implementing regulations for those statutes.

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
  • Note and Comments Editor, The Catholic University Law Review

James Madison University, Harrisonburg, Virginia

  • B.S., Bachelor of Science
  • Honors: magna cum laude
  • Major: Political Science and History

Bar Admissions

  • District of Columbia, 1998
  • Texas, 2020
  • Colorado, 2006
  • Utah, 2005

Federal Court Admissions

  • U.S. Supreme Court
  • U.S. District Court, District of Columbia
  • U.S. District Court, District of Utah
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the D.C. Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit

Professional Associations

  • Western Energy Alliance, ​Vice Chair of the Board of Directors for Government and Public Affairs and member of Executive Committee of the Board of Directors
  • New Mexico Oil and Gas Association

Pro Bono Activities

  • Representation before the Bureau of Veterans Affairs, 2005 to 2006
  • Risers-4-Rhett, 2019 to 2021

Representative Experience

  • Served as an active industry lead in negotiations with Congress on onshore oil and gas provisions ultimately enacted as part of the One Big Beautiful Bill Act, Pub. L. No. 119-21 (signed July 4, 2025)
  • Served as lead advocate before the U.S. Court of Appeals for the Federal Circuit, securing reversal of an adverse Court of Federal Claims ruling in a breach-of-contract dispute arising from government-caused damage to a critical-minerals (helium) processing facility
  • Serve as lead Endangered Species Act (ESA) risk-management counsel to one of the world’s largest integrated energy companies, directing ESA compliance strategy across a $60 billion expansion of Permian and Delaware Basin assets following a major corporate acquisition
  • Served as lead outside counsel to a Fortune 500 midstream developer on a natural gas storage facility project in Wyoming valued in excess of $1 billion
  • Served as lead defense counsel for an energy company client in a Department of the Interior Office of Inspector General (OIG) investigation and related federal compliance matters
  • Serve as lead counsel to a coalition of industry and county governments challenging a state’s midstream greenhouse-gas emissions rules
  • Lead Washington, D.C. advocacy initiatives for a national oil and gas trade association before the White House, the U.S. Department of the Interior, and Congress on federal leasing and permitting policy affecting oil and gas development across the western United States
  • Served as lead counsel for a national industry trade association and its member companies in multi-phase federal court litigation and rulemaking challenges spanning multiple appeals across several western states involving over $3 billion in federal oil and gas leases
  • Advise an energy company on carbon capture and sequestration pipeline permitting in Wyoming
  • Advise one of the largest privately held oil and gas producers in the Permian Basin on federal leasing, permitting, and enforcement strategy
  • Defended infrastructure and energy projects against legal challenges under the Federal Land Policy and Management Act (FLPMA), National Environmental Policy Act (NEPA), Endangered Species Act (ESA), Clean Air Act (CAA), and National Historic Preservation Act (NHPA).
  • Represented oil and gas companies and trade associations in litigation involving federal land use plans, leasing, and permitting decisions
  • Represented oil and gas trade associations as defendant-intervenors in climate-change and air-quality litigation challenging federal lease sales and permits in multiple states
  • Advised clients on strategies to mitigate ESA risk in project development across the Permian and Delaware Basins
  • Represented coalitions of oil and gas, ranching, and agricultural organizations in ESA, NEPA, and FLPMA litigation
  • 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 defense of BLM wildlife-related project approvals in Wyoming
  • Negotiated a multi-party settlement resolving a decades-long dispute among federal oil and gas lessees, the State of Colorado, the U.S. Department of the Interior, and environmental groups
  • Led development planning, permitting, litigation-risk management, and environmental compliance for an 8,500-well waterflood and infill development 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 the 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 oil and gas development reform, 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
  • Selected as adult leader for first ever Scouting America (Boy Scout) high adventure camp in Kenya, Africa (2022); selected as adult leader for subsequent Scout camps in Kenya (2024), including serving as adult leader for trek summit of Mount Kenya (second highest mountain in Africa) (2027)

Published Works

  • Navigating Legislative and Legal Landscapes in the Era of the High Velocity Energy Policy Pendulum: Business and Regulatory Risk Management Strategies in Proceedings of the Institute on Energy Law (Matthew Bender/LexisNexis) (February 2026)
  • “The Endangered Species Act: Overview, Case Studies and Strategies for Oil and Gas Companies,” The Center for American and International Law, 66th Annual Oil & Gas Law Conference, February 2015.
  • “Leasing Due Diligence on Federal Lands: Current Problems and Potential Solutions,” The Landman Magazine, American Association of Professional Landmen, May – June 2007.
  • “Managing the Risk of Administrative Stays in Oil and Gas Exploration,” Federal Onshore Energy News, January 2002.
  • “Electric Reliability in North America: Cross-Border Implications,” American Bar Association Section of Natural Resources, Energy and Environmental Law, Fall 1999.
  • Bret A. Sumner, Due Process and True Conflicts: The Constitutional Limits on Extraterritorial Federal Legislation and the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996, 46  U. L. Rev.907 (1997). Available at: https://scholarship.law.edu/lawreview/vol46/iss3/6

Speaking Engagements

  • “Produced Water:  Federal Regulatory and Policy Update” Oilfield Water Markets Conference, Irving, Texas, May 5, 2026
  • “Effective Use of Environmental Consultants and Third-Party Contractors” Foundation of Natural Resources and Energy Law, Special Institute, Boulder, Colorado April 16, 2026
  • “Federal Energy Policy:  The High Velocity Political Pendulum” Energy & Environment Symposium, Rifle, Colorado, April 14, 2026
  • “Risk Management and Advocacy Strategies in the Era of Volatile Energy Policy and Legislation” Institute for Energy Law, 77thAnnual Energy Law Conference, Houston, Texas, February 26, 2026
  • “Federal Energy Policy and Regulatory Reform,” New Mexico Oil and Gas Association, Annual Meeting, October 2025
  • Prepared presentation for Utah Petroleum Association (2025)
  • Presented at The Energy Pivot webinar series for industry (Western Energy Alliance hosted) in February 2025.
  • Federal Litigation and Election Analysis – Petroleum Alliance of Oklahoma, Fall Institute, November 2024
  • EPA GHG Presentation and Workshop, Petroleum Alliance of Oklahoma (November 2024)
  • “Federal Update:  Regulatory, Policy and Litigation” New Mexico Oil and Gas Association Annual Meeting, Santa Fe, New Mexico, October 6, 2024
  • “EPA Enforcement Policies and GHG Reporting” Workshop, Petroleum Alliance of Oklahoma, September 2024
  • “Federal Leasing and Permitting Workshop” Western Energy Alliance Annual Meeting, September 2024
  • “Federal Lease Sale Litigation” Rockies Petroleum Conference, Cheyenne, Wyoming, August 22, 2024
  • BLM’s New Leasing Regulations, Presentation (July 2024)
  • “EPA’s New Methane Rules and Enforcement Policies,” Beatty & Wozniak Webinar, May 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)

 

Classes & Seminars

  • Guest Lecturer, University of Wyoming, College of Law, March 2024
  • 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