On January 19, 2015, in a 199-page summary judgment opinion in SWEPI, LP v. Mora County, New Mexico (CIV 14-0035 JB/SCY), New Mexico U.S. District Court Judge James Browning declared that a 2013 Mora County ordinance banning corporate oil and gas drilling and hydraulic fracturing unconstitutional and in violation of the corporate-plaintiff developer’s property rights […]
Hire Employees “At Will” – “At will” employment provides your business with maximum flexibility in employment relationships by allowing for termination at any time, with or without notice, and for any reason. Use Employment Agreements – An employment agreement is a useful tool in documenting the “at will” nature of the relationship and obtaining the […]
Pooling Clause – Review the pooling clause to ensure that it is broad enough to allow pooling for the planned spacing unit, communitization and/or unitization. Some pooling clauses may include restrictive language that limits the size of certain units. Pugh Clause and Continuous Drilling Operations – Determine whether any Pugh clause applies at the end […]
On December 16, 2014, the BLM closed a comment process on wind and solar competitive leasing regulations. What is equally of interest is that BLM is also using this rulemaking to turn their 2011 renewable energy policies into binding regulation. Wind and solar projects are permitted under Federal Land Policy Management Act (“FLPMA”) right-of-way (“ROW”) […]
At the end of September 2014, BLM released the proposed rule to create a competitive leasing process for solar and wind energy development on public lands. While most of the proposed rule relates to the renewable energy right-of-way (“ROW”) procedures under the Federal Land Management Policy Act (“FLPMA”) regulations (43 CFR 2800) announced in 2012, […]
Plan Ahead – In Colorado, a complex set of laws and regulations govern when and where water can be taken and used. The process of determining whether water is available for your needs and obtaining a legal water supply can be a lengthy process. Need Water Quickly? – The best option in this case may […]
So, what is a Master Leasing Plan anyway?As part of a suite of federal oil and gas leasing reforms introduced by Secretary Salazar in 2010, the BLM introduced the concept of master leasing plans (“MLPs”). The MLP is a federal land use planning tool that allows the BLM to amend a governing resource management plan […]
RMP – Review the BLM or U.S. Forest Service Resource Management Plan (“RMP”) covering the geographic area of interest on the agency website. Is it open for leasing? If so, go to the RMP Appendix to review the lease stipulations that apply to the lease parcel. RMP Oil and Gas Amendment – Check the agency […]