News
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...
Who Determines What Constitutes a “Reasonable Offer to Lease” When it Comes to Involuntary Pooling? Another Example of Local Governments Attempting to Assert Control
One of the more loosely used terms from Colorado’s Conservation Act and Colorado Oil and Gas Conservation Commission (“COGCC”) Rules, and one of many lawyers’ favorite words to analyze, is the term “reasonable.” When filing for an involuntary pooling application in...
Energy Sector Layoffs – Considerations for Employers
Downsizing and employee layoffs are the harsh reality of the plunging oil prices, as reflected by the announcements of many oil and gas companies in recent weeks. When a reduction in force becomes unavoidable, employers with Colorado operations should take steps to...
University of Wyoming Enhanced Oil Recovery Institute Launches New Interactive Data Platform
The University of Wyoming’s Enhanced Oil Recovery Institute (“EORI”) recently made available to the public a new Interactive Data Platform (“IDP”). The IDP allows users to display and identify oil and gas information from the Wyoming Oil and Gas Conservation...
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...