News
6th Annual Western Energy Alliance Golf Tournament
Welborn provided sponsorship at the 6th Annual Western Energy Alliance (WEA) Golf tournament held on May 26th at Arrowhead Golf Club. Blake Leavitt from Bayswater Exploration & Production, LLC joined Welborn attorneys Chelsey Russell, Joe Pierzchala, and Scott...
Colorado Supreme Court Applies Strict Burden of Proof of Historical Use for Change of Water Rights
In late March, the Colorado Supreme Court ruled in County of Boulder v. Boulder & Weld County Ditch Co., 367 P.3d 1179 (Colo. 2016). While this case did not involve any novel questions of Colorado water law, it did provide a clear warning to applicants for changes...
Employer Alert: Upcoming Changes to Overtime Laws will Broaden the Scope of “White Collar” Employees Eligible for Overtime Pay
The U.S. Department of Labor just released final rules updating the overtime regulations of the Fair Labor Standards Act (FLSA) that will significantly broaden the scope of employees eligible for overtime pay when the rules go into effect December 1, 2016: DOL...
Colorado Severance Tax – New Case Allows Operators To Deduct The Cost Of Capital
A decision in late April, 2016, by the Colorado Supreme Court, allows deduction of the cost of capital for construction of gas processing and transportation facilities in calculating Colorado severance tax. In BP America Production Company v. Colorado Department of...
2012 and 2013 Local Fracking Regulations Held Invalid and Preempted by State Law
In companion decisions issued May 2, 2016, the Colorado Supreme Court (Gabriel, J.) affirmed district court summary judgment orders invalidating home-rule oil and gas regulations concerned with hydraulic fracturing (“fracking”). The Court relied on the intent and...
More Oil and Gas Regulation Headed for Colorado Ballots?
Come November, Colorado voters may decide whether oil and gas development should be subjected to more stringent regulation. Three ballot initiatives proposed by Boulder-based Coloradans Resisting Extreme Energy Development have survived legal challenges and are now...
Sheryl Howe presented to the Denver Association of Division Order Analysts
Welborn Shareholder, Sheryl Howe, presented at the Denver Association of Division Order Analysts (“DADOA”) 2016 Spring Seminar. The topic of the afternoon session was Enhance Your General Oil & Gas Knowledge. Sheryl’s presentation was entitled The Uniform Probate...
Rebecca Watson quoted in the Grand Junction Daily Sentinel
Welborn Shareholder, Rebecca Watson, is quoted in an article entitled "Locals worry BLM plans may exclude their voices" published in the Grand Junction Daily Sentinel. Read the article here.
More Local Government Control Over Oil and Gas Operations? Colorado House Says No.
Over the past several years, there has been an ongoing debate on whether local governments have the authority to limit or even ban oil and gas operations. In 2012, residents of the City of Longmont voted to approve a ban on hydraulic fracturing within city limits....
Tenth Circuit Grants Remittitur, Dramatically Reducing Large Wyoming Punitive Damages Award in Carbon Monoxide Poisoning Case
On April 1, 2016 the United States Court of Appeals for the Tenth Circuit issued a significant opinion in the personal injury case Amber Nicole Lompe, Plaintiff-Appellee, v. Sunridge Partners, LLC and Apartment Management Consultants, LLC, Defendants-Appellants, 10th...
Department of Transportation Proposes Rules Expanding Safety Regulations for Gas Gathering and Transmission Lines
The recent shale boom has greatly increased the amount of natural gas produced and transported across the country’s network of pipelines in recent years. Unfortunately, the increase in production has resulted in several significant environmental and safety incidents,...
2016 Wyoming Energy Plan – Doubling Down on Coal
In the face of a radically altered economic and energy picture for Wyoming, Governor Matt Mead released an updated energy strategy for the State on March 14, 2016. Titled “Leading the Charge: Wyoming’s Action Plan for Energy, Environment, and Economy,” the plan is an...