News
Rebecca Watson speaks at the 25th Annual Conference of the Rocky Mountain Land Use Institute
Welborn Shareholder, Rebecca Watson, participated in a panel discussion during the 25th Annual Conference of the Rocky Mountain Land Use Institute held at the University of Denver, Sturm College of Law on March 10th. The topic was "Federal Public Lands: The Heart of...
Proposed Colorado Legislation Would Modify the Reasonable Accommodation Doctrine
Colorado House Bill 16-1310 was introduced on March 2, 2016, by State Senator Morgan Carroll (D) and State Representative Joseph Anthony Salazar (D). Under current Colorado law, to prevail on a claim against an oil and gas operator, the surface owner must present...
Upon the Death of Justice Scalia, the Clean Power Plan Gains New Life
The Obama Administration, through the Environmental Protection Agency (“EPA”), announced the implementation of the Clean Power Plan (“CPP”) in August of 2015. The CPP has the stated purpose of “establishing guidelines for states to follow in developing plans to reduce...
Electronic Communication in Modern Litigation
It goes without saying that use of electronically stored information constitutes a fundamental component of any modern, successful company, but state and federal courts have only recently adjusted their rules of discovery to reflect that. For example, the federal...
Ski Area Water Rights: Federal Water “Grab” Resolved?
The United States Forest Service (“Forest Service”) manages 193 million acres of public lands that provide 20 percent of the nation’s clean water supply worth an estimated $7.2 billion per year. Management of public lands by the Forest Service includes issuance of...
BLM Proposes “Planning 2.0” Rules
On February 11, 2016, the Bureau of Land Management (“BLM”) announced significant proposed amendments to its land use planning rules as a part of its Planning 2.0 initiative. The stated goals of the proposed rules are to: (1) improve the BLM’s ability to respond to...
Weed and Water – Can water be used for marijuana cultivation in Colorado?
The question has become important to marijuana growers after the Colorado Supreme Court’s decision in Coats v. Dish Network, LLC, 303 P.3d 147 (Colo. 2015), where the Court held that an activity is only “lawful” if it violates neither state nor federal law. The issue...
Proposed BLM Venting and Flaring Rule
On February 8, 2016, the BLM published its long awaited proposed rule to control venting, flaring and leaks of natural gas from oil and gas operations on onshore Federal and Indian lands. 81 Fed. Reg. 6616. The primary purposes of the rule are to: (1) update...
Welcome to Allison MacKinnon, Laura Lindley, and Sarah Sorum
Welborn Sullivan Meck & Tooley is thrilled to announce the addition of preeminent Denver oil & gas attorneys Allison MacKinnon, Laura Lindley, and Sarah Sorum to the firm. Read the entire Press Release here.
Alaina Stedillie appointed to the Wyoming State Bar Association’s Diversity and Inclusion Committee
Alaina Stedillie, an associate in our Casper, Wyoming office, has been appointed to the Wyoming State Bar Association’s Diversity and Inclusion Committee. She will serve a three-year term. The purpose of this committee is to promote diversity in the legal profession...
Assuring Your Covenants “Run with the Land”
Developers and owners of real property typically enter into a variety of contracts concerning the use of real property. This is particularly true in the natural resource extraction industry. Generally, under Colorado law contractual obligations may be deemed personal...
Changes to the Operator’s Rights and Obligations under the New 2015 A.A.P.L. Model Form JOA
The American Association of Professional Landmen recently released its 2015 Model Form Operating Agreement. The A.A.P.L form 610 - Model Form Operating Agreement has established the operating framework within the United States since 1956, and the last major...