Leading The Way In Energy-Related Litigation
The attorneys in the litigation practice group of Beatty & Wozniak, P.C. have extensive experience representing exploration and production companies, midstream pipeline companies, marketing companies and downstream companies in all aspects of energy-related litigation.
Our attorneys understand the energy industry and have successfully resolved claims and lawsuits arising under the following:
- Confidentiality agreements
- Seismic licenses and permits
- Oil and gas leases
- Farm-in and farm-out agreements and asset purchase
- Sale agreements
- Joint Operating Agreements (“JOA”)
We draft and negotiate drilling contracts, master service agreements, joint exploration agreements and joint operating agreements. We help clients resolve royalty disputes. We help them manage marketing agreements, asset management agreements and downstream transportation agreements. We advise on facilities, engineering and construction contracts, gathering contracts and processing contracts.
Resolving Claims And Controversies
We also have successfully resolved claims alleging trespass and drainage to subsurface reservoirs, and have defeated numerous challenges by municipalities, environmental groups and other nongovernmental organizations to our clients’ legal transactions and rights, including the following:
- Lease purchases
- Development plans
- Permit applications
- Ongoing operations
Our attorneys have appeared in state and federal courts in Colorado, Wyoming, Utah, New Mexico, North Dakota, Oklahoma, Texas, Louisiana, and the District of Columbia, and in regulatory proceedings before various state, federal and tribal administrative agencies. This representation includes subsequent appellate court proceedings.
Supporting Clients’ Interests In A Wide Variety Of Disputes And Litigation
Our attorneys focus on all aspects of oil and gas, geothermal, and energy disputes in pretrial negotiations and in litigation in both federal and state courts. Sample cases include the following:
- We represent clients with claims involving oil and gas and geothermal leases, purchase and sale agreements and independent contractor agreements.
- We assist with permitting, reservoir drainage, nuisance and trespass issues.
- Our clients depend on our guidance in exploration, development and production issues.
- We negotiate joint operating agreements and option agreements.
- We help our clients resolve royalty disputes and implied covenants to prevent drainage.
As needed, we document and defend our clients’ positions of reasonable development, good faith and fair dealing.
Our attorneys represent clients whose natural resource production is alleged to have caused pollution of water wells and physical injuries to nearby landowners. Our attorneys have successfully filed for temporary and permanent restraining orders against surface owners who deny access to our clients’ leased minerals. Our representation continues through the appellate process, as required.
Resolving Midstream and Royalty Disputes
Our attorneys represent operators in midstream and royalty disputes in both federal and state courts and federal and state regulatory agencies. These multimillion and multibillion-dollar disputes may involve the following:
- RICO claims
- Claims under the False Claim Act
- Claims before the FERC under the Natural Gas Act
We defend clients in class-action lawsuits alleging gas mismeasurement and the payment of reduced royalties.
Navigating State And Local Regulations And Ordinances
Beatty & Wozniak, P.C. represents its energy industry clients in state court challenges to local ordinances implemented by towns and counties in excess of their statutory authority that are preempted by the Colorado Oil and Gas Act.
Recently, state courts have dismissed underpayments of royalty cases when the oil and gas lease is not subject to judicial interpretation because the Colorado Oil and Gas Conservation Commission (COGCC) has retained exclusive jurisdiction in these cases. Beatty & Wozniak, P.C.‘s attorneys represent operators before the COGCC, and are litigating this jurisdictional question in state court.
Our attorneys are involved in litigation regarding landowner challenges to properly implemented “Produced Nontributary Ground Water” rules and regulations to assist the state engineer with the administration of the dewatering of geologic formations during the mining of minerals.
Our attorneys file petitions before the Colorado state engineer so that energy industry clients may obtain a determination of nontributary groundwater for oil and gas wells that are not located within one of the previously designated nontributary groundwater areas by state engineer rulemaking.
Best Practices In Management And Administrative Law: Preventing Legal Challenges Before They Start
Beatty & Wozniak, P.C.’s litigation attorneys are involved in counseling regarding best management practices, and in assisting its clients in the resolution of legal disputes prior to the commencement of litigation.
Beatty & Wozniak, P.C. represents energy industry clients in State of Colorado Department of Revenue administrative proceedings regarding severance and sales tax matters and in Board of Assessment Appeals administrative proceedings regarding valuation of personal property (equipment) by Colorado counties, as well as the appeal of these matters to the District Court for the City and County of Denver, and Colorado’s appellate courts.
The team at Beatty & Wozniak, P.C. helps clients develop their natural resources by defending agency decisions to approve energy projects and by litigation environmental regulations. We intervene in federal court when environmental organizations challenge project approvals under the National Environmental Policy Act, Federal Land Policy and Management Act, or other federal statutes.
We appear before administrative commissions and in the courts to advocate for reasonable and cost-effective environmental regulations, particularly air quality rules.
Federal Lands In Litigation
Our attorneys routinely represent companies in federal court and administrative litigation before the Interior Board of Land Appeals and Forest Service. There, we defend our clients against legal challenges related to federal leasing, seismic survey permits, oil and gas development projects, and drilling permits. We also work with clients confronted with federal investigation and enforcement proceedings.