Short Course on

Oil & Gas Law

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Monday Morning

Registration

Introductions & Opening Remarks

  1. MONIKA U. EHRMAN

    Professor of Law; Faculty Director of the Oil & Gas, Natural Resources, and Energy Center (ONE C) University of Oklahoma College of Law, Norman, OK

Exploration and Production Operations

  • Overview of reservoir mechanics and petroleum geology
  • Petroleum exploration, production, completions, and development
  • Unconventional (shale) production

  1. MONIKA U. EHRMAN

    Professor of Law; Faculty Director of the Oil & Gas, Natural Resources, and Energy Center (ONE C) University of Oklahoma College of Law, Norman, OK

Ownership, Rule of Capture, and Correlative Rights

  • Classification of oil and gas mineral interests
  • Rule of Capture and non-liability for legal production
  • Correlative rights of owners of a common reservoir
  • Trespass issues

Hosted Refreshment Break

  1. KEITH B. HALL

    Director, Mineral Law Institute; Campanile Charities Professor of Energy Law Louisiana State University, Paul M. Hebert Law Center, Baton Rouge, LA

Common Interests Created in Oil & Gas

  • Characteristics of oil and gas interests
  • How interests are created; limits on creation
  • Concurrent and successive interests
  • Dormant mineral acts and receivership statutes

Lunch – On Your Own

Monday Afternoon

  1. JACQUELINE L. WEAVER

    A.A. White Professor of Law Emeritus University of Houston Law Center, Houston, Texas

The Oil & Gas Lease: Conditions vs. Covenants

  • Nature of the lease interest
  • The habendum clause: production in paying quantities
  • Temporary cessation doctrine
  • Delay rental option

Hosted Refreshment Break

  1. JACQUELINE L. WEAVER

    A.A. White Professor of Law Emeritus University of Houston Law Center, Houston, Texas

Defining the Duration of the Lease

  • Typical savings clauses
  • Recent examples from newer shale states
  • Repudiation and force majeure

  1. KEITH B. HALL

    Director, Mineral Law Institute; Campanile Charities Professor of Energy Law Louisiana State University, Paul M. Hebert Law Center, Baton Rouge, LA

Implied Covenants

  • The rationale for recognizing implied covenants
  • The common implied covenants
  • Negating implied covenants with express lease terms
  • Remedies available for successful claimants

Hosted Reception for Registrants, Speakers & Guests

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Tuesday Morning

  1. CHRISTOPHER S. KULANDER

    Professor of Law South Texas College of Law, Houston, TX

Royalties

  • History and rationale
  • Types of royalty
  • Market value vs. proceeds valuation
  • Implied covenant to market — reasonable diligence in terms of time and price

Hosted Refreshment Break

  1. CHRISTOPHER S. KULANDER

    Professor of Law South Texas College of Law, Houston, TX

Division Orders and Check Stub Statutes

  • Deductions from royalty
  • Purpose and content of division orders
  • Common features of check stub statutes

Lunch – On Your Own

Tuesday Afternoon

  1. BRUCE M. KRAMER

    Of Counsel Keystone, Colorado; McGinnis, Lochridge & Kilgore, Houston, Texas

Voluntary Pooling & Unitization

  • Definitions - pooling & unitization distinguished
  • Voluntary pooling, pooling agreements, leasehold pooling clauses, Pugh clauses, allocation well agreements
  • Unit agreements and unit operating agreements
  • Key provisions and allocation of production in voluntary unitization

Hosted Refreshment Break

  1. PATRICK H. MARTIN

    Campanile Professor of Law Emeritus Louisiana State University Law Center, Baton Rouge, LA

Conservation Regulation

  • Drilling, spacing, and prorationing units
  • Compulsory pooling and unitization
  • Preventing waste and protecting correlative rights
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Wednesday Morning

  1. TARA RIGHETTI

    Associate Professor University of Wyoming College of Law, Laramie, WY

Split Estates

  • Surface vs. mineral estate
  • Accommodation doctrine
  • State statutes

  1. BRUCE M. KRAMER

    Of Counsel Keystone, Colorado; McGinnis, Lochridge & Kilgore, Houston, Texas

Local Regulation of Oil & Gas Operations

  • Relationship between state and sub-state units: sources of power
  • Home rule - some autonomy for local zoning and land use plans
  • Express preemption
  • Implied preemption by occupation of the field
  • Implied preemption by conflict
  • Legislative supremacy and recent state legislative developments

Hosted Refreshment Break

  1. COLIN G. HARRIS

    Partner Faegre Baker Daniels LLP, Boulder, CO

Environmental Regulation of the Oil and Gas Industry

  • Summary of major federal environmental laws and regulations
  • Application of environmental laws and regulations to oil and gas due diligence, drilling, and operations
  • Current environmental developments and pending proposals

Lunch – On Your Own

Wednesday Afternoon

  1. JUDITH M. MATLOCK

    Partner Davis, Graham & Stubbs LLP, Denver, CO

Marketing Agreements

  • Crude oil transportation, refining, measurement, quality, pricing, transportation regulation, and contracts
  • Natural gas gathering, compression, processing, measurement, quality, pricing, transportation regulation, and contracts
  • Managing price volatility through financial transactions

Hosted Refreshment Break

  1. PHILLIP D. BARBER

    Attorney Attorney-at-Law, Denver, CO

Farmout Agreements

  • Description of farmout agreements and their origins
  • Typical situations where farmout agreements are used
  • Tax rulings that encourage farmout agreements
  • Standard provisions in farmout agreements
  • Relationship of farmouts and JOAs
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Thursday Morning

  1. PHILLIP D. BARBER

    Attorney Attorney-at-Law, Denver, CO

Joint Operating Agreements

  • Issues when there is exploration and development among mineral owners and lessees who do not have a JOA, including potential liabilities for joint operations
  • Role of forced pooling statutes in joint operations
  • Analysis of model form operating agreements for vertical and horizontal well operations
  • Common areas of dispute and how the JOA addresses them

Hosted Refreshment Break

  1. BRET WELLS

    Foundation Professor of Law University of Houston Law Center, Houston, TX

Mineral Deed Conveyances

  • Rules of deed interpretation v. reformation
  • Types and role of title opinions
  • Perennial issues for interpreting and drafting: Duhig rule, fractions, and “other minerals”

Lunch – On Your Own

Thursday Afternoon

  1. William W. Pugh

    Partner Liskow and Lewis, Houston, TX

Drilling Contracts

  • Types of services agreements and manner of payment
  • Macondo contractual risk allocation
  • Allocating risk of loss through contract and insurance

Hosted Refreshment Break

  1. JOHN S. DZIENKOWSKI

    John F. Sutton, Jr. Chair in Lawyering and the Legal Process University of Texas School of Law, Austin, Texas
  2. ROBERT J. PERONI

    Fondren Foundation Centennial Chair for Faculty Excellence and Professor of Law University of Texas School of Law, Austin, Texas

Ethical Issues in Oil & Gas Law Practice

  • Typical ethical dilemmas encountered by oil and gas attorneys
  • Examination of core values of confidentiality, loyalty, competent and diligent representation, and obligations to the legal system
  • Practicing transactional law across state lines
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Friday Morning

  1. JOHN S. DZIENKOWSKI

    John F. Sutton, Jr. Chair in Lawyering and the Legal Process University of Texas School of Law, Austin, Texas
  2. ROBERT J. PERONI

    Fondren Foundation Centennial Chair for Faculty Excellence and Professor of Law University of Texas School of Law, Austin, Texas

Fundamentals of Oil and Gas Taxation

  • Basic federal income tax preferences/tax subsidies given to the oil and gas industry
  • Federal income tax consequences of leasing, farmouts, exploration, drilling and development, and production
  • Overview of the federal income tax consequences of disposing of oil and gas properties, including the recapture of tax benefits

Hosted Refreshment Break

  1. JOHN S. DZIENKOWSKI

    John F. Sutton, Jr. Chair in Lawyering and the Legal Process University of Texas School of Law, Austin, Texas
  2. ROBERT J. PERONI

    Fondren Foundation Centennial Chair for Faculty Excellence and Professor of Law University of Texas School of Law, Austin, Texas

Fundamentals of Oil and Gas Taxation (continued)

Course Adjournment