OIL AND GAS LAW IN THE MARCELLUS AND UTICA REGION: AN OVERVIEW OF PROPERTY RIGHTS, OIL & GAS LEASES, AND ENVIRONMENTAL LITIGATION IN THE SHALE PATCH

Transcription

1 COURSE OIL AND GAS LAW IN THE MARCELLUS AND UTICA REGION: AN OVERVIEW OF PROPERTY RIGHTS, OIL & GAS LEASES, AND ENVIRONMENTAL LITIGATION IN THE SHALE PATCH Hyatt Regency Pittsburgh International Airport EUCI is authorized by IACET to offer 1.0 CEUs for the course. 1

2 OVERVIEW Just as unconventional natural gas development is in its relative infancy in Pennsylvania, Ohio and West Virginia, so too is the development of the law governing the relationships between production companies, landowners, and other industry stakeholders engaged in natural gas development. In addition, the increase in natural gas development has caused an uptick in environmental contamination litigation against production companies and oilfield service companies in Pennsylvania, Ohio, and West Virginia. With those things in mind, this two-part program is designed to provide an overview of oil and gas law in Pennsylvania, Ohio, and West Virginia with an emphasis on property rights, the oil and gas lease and common issues arising under the lessor/lessee relationship, and common environmental-contamination claims that production companies have faced over the last decade. The instructors have practiced in this area since the shale-boom began in Pennsylvania and wish to share their knowledge and experience with in-house counsel for exploration and production companies and other industry stakeholders operating in the Marcellus/Utica region. WHO SHOULD ATTEND In-house counsel for E&P companies, midstream companies, oilfield services companies, and other industry stakeholders with operations in the Marcellus/Utica region (or whose companies have aspirations for operations in that region) Landmen whose companies have leases in the Marcellus/Utica region Business development personnel of industry stakeholders Tax and finance personnel advising industry stakeholders Industry consultants Industry lenders LEARNING OUTCOMES Explain the fundamental principles of oil and gas law with an emphasis on the laws of Pennsylvania, Ohio, and West Virginia Identify key oil and gas issues peculiar to developing unconventional plays in Pennsylvania, Ohio, and West Virginia Review the key issues in light of settled law in other states Analyze how courts in Pennsylvania, Ohio, and West Virginia have (or have not) addressed the key issues Identify and analyze common environmental-contamination claims against production companies and oilfield service companies 2

3 AGENDA Monday, May 4, :00 8:30 a.m. Registration and Continental Breakfast OIL AND GAS LAW IN THE MARCELLUS AND UTICA SHALE STATES 8:30 8:45 a.m. Introduction/Overview Property Rights in PA, OH, and WV Oil and Gas Leases and Key Issues in PA, OH, and WV Environmental-Contamination Litigation in PA, OH, and WV 8:45 9:00 a.m. Oil & Gas Development Overview Financing Leasing Planning Well-Pad Construction Drilling, Casing, Cementing, and Completions (Hydraulic Fracturing) Production Transportation & Marketing 9:00 10:30 a.m. Ownership Issues General Principles Rule of Capture vs. Trespass Conveying Oil & Gas Surface Use Co-Tenants 10:30 10:45 a.m. Morning Break 10:45 a.m. 12:00 p.m. The Oil & Gas Lease Introduction Nature of the Lease Granting Clause Habendum Clause 12:00 1:00 p.m. Group Luncheon 1:00 2:15 p.m. The Oil & Gas Lease (Continued) Royalties Implied Covenants Pooling 2:15 2:30 p.m. Afternoon Break 3

4 AGENDA Monday, May 4, 2015 (Continued) 2:30 3:45 p.m. Financial Issues in the Shale Patch Liens Bankruptcy 3:45 4:00 p.m. What s on the Horizon? Unsettled Issues in PA, OH, and WV Legislative Initiatives 4:00 4:30 p.m. Open Discussion Proposed regulations Other hot topics 4:30 p.m. End of Day One Tuesday, May 5, :00 8:30 a.m. Continental Breakfast ENVIRONMENTAL LITIGATION IN THE MARCELLUS AND UTICA SHALE STATES 8:30 8:45 a.m. Introduction/Overview Environmental -Contamination Claims in PA, OH, and WV Case Studies in PA, OH, and WV 8:45 9:45 Environmental Contamination Claims Common Factual Allegations Commonly Asserted Claims Common Requests for Relief Elements of Core Claims Evidentiary Issues and Discovery Forum Selection Issues Other Distinctive Legal and Factual Issues 9:45 10:00 a.m. Morning Break 10:00 11:30 a.m. Case Studies in PA, OH, and WV 11:30 11:45 a.m. Open Discussion Hot Topics Concluding Remarks 11:45 a.m. Course Assessment and Adjournment 4

5 INSTRUCTORS George A. Bibikos / Partner / K&L Gates Mr. Bibikos has a litigation, regulatory, and transactional practice that focuses on oil and gas law, energy and natural resource development, environmental litigation and regulatory counseling, public utility law, and administrative law, with an emphasis on oil and gas lease interpretation and advice, oil and gas lease litigation, environmental litigation, transactional advice, due diligence matters, and regulatory compliance. Since 2005, Mr. Bibikos has represented and counseled a broad range of clients in the energy sector and has litigated major cases resulting in precedent-setting decisions for the oil and gas industry in Pennsylvania, including Belden & Blake v. DCNR, 969 A.2d 528 (Pa. 2009) (successful affirmation of surface use rights of oil and gas owners/lessees); Range Resources v. Salem Township, 964 A.2d 869 (Pa. 2009) (successful challenge to local ordinance regulating oil and gas activities); Kilmer v. Elexco Land Services, 990 A.2d 1147 (Pa. 2010) (successful defense of natural gas leases challenged by landowners under the Pennsylvania Minimum Royalty Act); Butler v. Charles Powers Estate, 65 A.3d 885 (Pa. 2013) (amicus representation of industry stakeholders regarding ownership of oil and natural gas in shale formations); and Humberston v. Chevron U.S.A. Inc., 75 A.3d 504 (Pa. Super. 2013) (representation of lessee in precedent-setting decision regarding operator s right to construct a water-storage impoundment on leased property for shale-gas development on the property and other properties within a drilling unit). A frequent author, Mr. Bibikos has written over 30 publications that span a variety of disciplines, including oil and gas law, environmental law, constitutional law, appellate practice and procedure, procurement, public utility law, local land use and zoning requirements, and labor and employment issues. Among other law reviews, he is the author of A Review of the Implied Covenant of Development in the Shale Gas Era, and a co-author with Jeffrey C. King of A Primer on Oil & Gas Law in the Marcellus Shale States, cited favorably and relied upon by state and federal courts, other practitioners, and various authors of law reviews and legal treatises. In addition to his practice, Mr. Bibikos serves as Adjunct Professor of Oil and Gas Law at Widener University School of Law in Harrisburg, Pennsylvania. Anthony R. Holtzman / Partner / K&L Gates Mr. Holtzman s practice is focused on environmental law, constitutional law, appellate litigation, gaming law, and commercial litigation. He regularly practices before the U.S. Court of Appeals for the Third Circuit, the U.S. District Court for the Middle District of Pennsylvania, Pennsylvania s appellate and trial courts, and the Pennsylvania Environmental Hearing Board Mr. Holtzman represents energy industry clients in litigation matters that involve agency enforcement activities, allegations of water and surface contamination, property rights disputes, deed and contract interpretation issues, challenges to permits, and issues that arise under freedom of information laws. Mr. Holtzman, moreover, advises energy industry clients on Pennsylvania and federal regulatory compliance issues, including stream crossing, spill remediation, waste processing, stormwater discharge, mechanical integrity, sensitive species, permitting, and reporting issues. He likewise helps them to monitor, and draft comments on, proposed environmental regulations and guidance documents. In addition to his environmental law activities, Mr. Holtzman regularly advises public and private sector clients on issues of Pennsylvania and federal constitutional law. He has significant experience with the Pennsylvania Constitution s Bill of Rights, along with its provisions regarding the structure and powers of the Pennsylvania General Assembly and requirements for the enactment of legislation. On the federal side, he has represented clients with regard to First Amendment, Second Amendment, Tenth Amendment, Eleventh Amendment, dormant Commerce Clause, Takings Clause, Equal Protection Clause, and Speech or Debate Clause issues, among others. Recently, he convinced the U.S. Court of Appeals for the Third Circuit - sitting en banc - to rule in a client s favor in an appeal involving novel Sixth and Fourteenth Amendment issues. See Garrus v. Sec y of the Pa. Dep t of Corr., 694 F.3d 394 (3d Cir. 2012). 5

6 INSTRUCTIONAL METHODS PowerPoint presentations and case studies will be used in this program. The instructors will be utilizing the Socratic method along with some lecture to encourage active participation and an open dialogue during the presentation. REQUIREMENTS FOR SUCCESSFUL COMPLETION OF PROGRAM Participants must sign in/out each day and be in attendance for the entirety of the course to be eligible for continuing education credit. CREDITS EVENT LOCATION EUCI has been accredited as an Authorized Provider by the International Association for Continuing Education and Training (IACET). In obtaining this accreditation, EUCI has demonstrated that it complies with the ANSI/IACET Standard which is recognized internationally as a standard of good practice. As a result of their Authorized Provider status, EUCI is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standard. EUCI is authorized by IACET to offer 1.0 CEUs for the course. Hyatt Regency Pittsburgh International Airport 1111 Airport Blvd P: PROCEEDINGS The proceedings of the course will be published, and one copy will be distributed to each registrant at the course. REGISTER 3 SEND THE 4TH FREE Any organization wishing to send multiple attendees to these conferences may send 1 FREE for every 3 delegates registered. Please note that all registrations must be made at the same time to qualify. Please make checks payable to: PMA" REGISTER TODAY! CALL OR VISIT 6

7 EVENT LOCATION Mail Directly To: Electric Utility Consultants, Inc. (EUCI) 4601 DTC Blvd., Ste. 800 Denver, CO OR, scan and to: P: F: PLEASE REGISTER THE FOLLOWING Hyatt Regency Pittsburgh International Airport 1111 Airport Blvd P: OIL AND GAS LAW IN THE MARCELLUS AND UTICA REGION MAY 4-5, 2015: US $1395 EARLY BIRD ON OR BEFORE APRIL 24, 2015: US $1195 Please make checks payable to: PMA" EUCI s Energize Weekly newsletter compiles and reports on the latest news and trends in the energy industry. Newsletter recipients also receive a different, complimentary conference presentation every week on a relevant industry topic. The presentations are selected from a massive library of more than 1,000 current presentations that EUCI has gathered during its 27 years organizing conferences. Sign me up for Energize Weekly. How did you hear about this event? (direct , colleague, speaker(s), etc.) Print Name Job Title Company What name do you prefer on your name badge? Address City State/Province Zip/Postal Code Country Telephone List any dietary or accessibility needs here CREDIT CARD Name on Card Account Number Billing Address Billing City Billing State Billing Zip Code/Postal Code Exp. Date Security Code (last 3 digits on the back of Visa and MC or 4 digits on front of AmEx) OR Enclosed is a check for $ to cover registrations. All cancellations received on or before April 3, 2015, will be subject to a US $195 processing fee. Written cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other EUCI event or publication. This credit will be good for six months. In case of event cancellation, EUCI s liability is limited to refund of the event registration fee only. For more information regarding administrative policies, such as complaints and refunds, please contact our offices at (201) EUCI reserves the right to alter this program without prior notice. 7