News
Still Time for Business Tax Planning
As 2015 draws to a close, there is still time to reduce your 2015 tax bill and plan ahead for 2016. This memo highlights several potential tax-saving opportunities for business owners to consider. Defer Income into 2016. Deferring income to the next taxable year is...
Get out of my sandbox! Expulsion of a LLC Member under Wyo. Stat. 17-29-602
So, you have a bad apple as a member of your Wyoming limited liability company (LLC), how do you get rid of them? The best option is usually to reach an agreement for the company or a specific member to purchase the troublemaker’s membership interest. If, however, an...
Secretary of Agriculture Recommends Cancellation of Montana Oil and Gas Leases
On October 30, 2015, Secretary of Agriculture Tom Vilsack sent a letter to Secretary of the Interior Sally Jewell recommending that BLM cancel 18 long-held oil and gas leases located on Forest Service managed surface in an area of Northwestern Montana called the...
Finally – A Policy to Streamline the BLM Communization Agreement Process – IM 2015-124
Dated and effective July 17, 2015, the Bureau of Land Management (“BLM”) issued Instruction Memorandum 2015-124 (“IM-2015-124”). This BLM guidance significantly changes the way federal Communization Agreements (“CAs”) are administered and, for the most part,...
Utah Congressman Rob Bishop Promises to Release Public Lands Initiative Bill
For the past several years, Congressman Rob Bishop (R), representing Utah’s 1st Congressional District, has been promising to reveal a bill encapsulating what he calls the “Utah Public Lands Initiative.” His ambitious plan involves bringing together key state and...
Colorado Oil & Gas Conservation Law: The Basics — A Pop Quiz
The Conservation Basics A primary objective of the Colorado Oil & Gas Conservation Act (the “Act”) has always been conservation through prevention of waste and enforcement of efficient drilling and production practices. In other words, traditionally the Act served...
Welborn sponsoring this year’s Renewable Energy Law & Policy Summit
Welborn Sullivan Meck & Tooley is pleased to be a sponsor of the annual Renewable Energy Law & Policy Summit, which will be held on Thursday, November 5, 2015 at The University of Denver, Sturm College of Law. Here is a link to the program's pertinent...
Monument Making and the Presidency
Like presidents before him, President Obama is using the 1906 Antiquities Act, 16 U.S.C. § 431-433, as part of his presidential legacy. In September, 2014, Obama exercised this authority for the 12th time and expanded a national monument, created by his predecessor...
Preliminary Considerations in Condemnation Actions
In condemnation actions in Colorado, the condemning party must take great care to satisfy legal prerequisites prior to initiating suit and, in most cases, moving for immediate possession of the subject property. By statute, immediate possession will only be granted...
Drafting Oil and Gas Royalty Provisions; KISS- “Keep it Simple, Stupid!”
The KISS principle that systems perform best with simple rather than complex designscan apply in the world of legal drafting. This lesson was recently learned by lawyers who drafted a complex “work-around” to avoid a judicial interpretation of standard oil and gas...
Advisory Council on Historic Preservation Recommends Cancellation of Oil and Gas Leases in Montana
On September 21, the Advisory Council on Historic Preservation (ACHP), an independent federal agency with a key advisory role in National Historic Preservation Act (NHPA) § 106 “effects” determinations, recommended that long-ago issued federal oil and gas leases...
Employment Termination For Off-Duty Marijuana Use In Colorado – Is It Legal?
For Colorado employers with a zero-tolerance drug policy, employment termination for marijuana use during off-hours has been an unsettled question ever since medical marijuana first became legal in 2000. While all marijuana use—medical and recreational—is now legal in...