News
IBLA Resolves Procedural Question for Review of Lease Suspension Decisions
Most decisions of the Bureau of Land Management (BLM) are appealable to the Interior Board of Land Appeals (IBLA). However, some decisions must first be reviewed by the applicable BLM State Director. Parties who wish to appeal from decisions issued under the oil and...
The Battle over Local Control Heats up Again as Thornton’s Oil and Gas Regulations Challenged in Court
Six weeks following the City of Thornton’s adoption of strict new regulations on oil and gas operations, the Colorado Oil and Gas Association (“COGA”) and the American Petroleum Institute (“API”) have filed suit, in what looks to be just the latest clash in Colorado’s...
Welcome John Hegarty
Welborn is pleased to announce the addition of C. John Hegarty as an associate in our Denver office. John's practice will primarily focus on oil & gas transactional matters. Read the Press Release here.
Tenth Circuit Finds Wyoming Statutes Concerning Data Collection on Public Lands Violate First Amendment
In what is being hailed as a victory for conservation groups, the Tenth Circuit recently held that Wyoming Statutes1 concerning data collection on public lands violate the First Amendment. The statutes at issue were passed after fifteen Wyoming ranchers settled with...
Know When to Hold ‘em and Know When to Fold ‘em – Managing Deal Fatigue During the Negotiation Process ~ Part 2
Upon completion of the majority of due diligence, frustration with the transactional process has generally started to set in, at least for sellers. However, the process is far from over. If a purchase and sale agreement has not already been signed, the real...
A “Momentous” Supreme Court Term
The United States Supreme Court was back in action on Monday, October 2, 2017, and is now moving into what Justice Ruth Bader Ginsburg says is going to be a “momentous” upcoming term. This will be the first full term for Justice Neil M. Gorsuch, who replaced Justice...
Know When to Hold ‘em and Know When to Fold ‘em – Managing Deal Fatigue in Mergers and Acquisitions ~ Part 1
Anyone who has ever purchased a car or bought a house knows that purchases and sales of large assets are stressful, time-consuming, expensive, and involve more paperwork than expected. In many transactions, either or both parties reach a point in the process where...
Standing to Challenge Decisions Approving Federal Units or Suspending Federal Leases
Non-governmental organizations that oppose oil and gas development have in the last few years begun to challenge not only Bureau of Land Management (BLM) decisions authorizing oil and gas drilling operations but also BLM decisions that could have the effect of...
Colorado Supreme Court upholds optional liquidated damages provisions
This week the Colorado Supreme Court answered a lingering question about liquidated damages provisions; namely, are they enforceable if the non-breaching party can elect to pursue actual damages instead? The Court said yes. Ravenstar v. One Ski Hill Place, 2017 CO 83....
A New Order Under the New Administration: The DOI Seeks to Streamline the Federal Leasing Process
On July 6, 2017, Department of the Interior (“DOI”) Secretary Ryan Zinke signed Secretarial Order No. 3354, “Supporting and Improving the Federal Onshore Oil and Gas Leasing Program and Federal Solid Mineral Leasing Program.” In an accompanying press release,...
Welborn Attorneys Named Among the Best in America for 2018
Additionally, 10 Welborn attorneys in 15 Practice Areas were selected for inclusion by their peers in the Best Lawyers in America® 2018. Congratulations to Brian Tooley, Carolyn Burr, Ed Blieszner, Hampton O'Neill, John Masterson, Keith Tooley, Ken Barbe, Ken Jones,...
What Contract? Unsigned Email Satisfies Signature Requirement under Texas Statute of Frauds
The Statute of Frauds is an age-old law requiring certain agreements be in writing and signed by the parties to be a binding contract. If you are thinking calligraphy, feathered pens, and beautiful cursive signatures, think again. A Texas Court of Appeals recently...