Rocky Mountain Mineral Law
Foundation
www.rmmlf.org
co-sponsored by
Energy & Mineral Law
Foundation
American Association of Professional Landmen
Special Institute on
Development Issues in
Major Shale Plays
– What’s on the Horizon?
Discounts for both
EMLF & AAPL members
Sheraton Station Square Hotel
Pittsburgh, Pennsylvania
May 1–2, 2014
In 2010, when the dramatic growth in shale development was taking off, the Rocky
Mountain Mineral Law Foundation, in conjunction with the Energy & Mineral
Law Foundation and AAPL, presented its first Special Institute on Development
Issues in the Major Shale Plays. Attracting over 450 participants, the institute was
enormously popular and well received. Now, almost four years later, the anticipated
growth of shale gas plays is a reality. Unprecedented exploration and development
efforts are proceeding across the major shale basins of the United States and herald
a new era in which natural gas may be exported from these shores and beyond
North America. This Special Institute will explore in depth the legal issues and
trends arising from the maturation of the shale gas plays.
Focusing on four basins across the country that typify these trends—the Marcellus/
Utica, Niobrara, Eagle Ford/Barnett, and Bakken—this institute will provide a
comprehensive analysis of the legal issues presently facing shale gas operators.
It will address legal and regulatory developments relating to horizontal drilling,
hydraulic fracturing, water supply and disposal, and air quality. Special emphasis
will be given to lease maintenance and title, JOAs, pooling and unitization, and
gathering and transportation.
There have been fundamental changes to the playing field since our 2010 institute
on shale gas development, and the regulations and legal issues are evolving at a
rapid pace. Please join us in Pittsburgh for this timely, insightful, and practical
institute of interest to anyone involved in shale gas development throughout the
United States.
Written course materials and audio recordings
are available in various formats if you are unable
to attend. See inside for details.
Development Issues in Major Shale Plays
Thursday, May 1, 2014
7:30 – 8:30 am
-
Registration
Sheraton Station Square Hotel
8:30 – 8:45 am
Introductions and Opening Remarks
SHARON O. FLANERY, President, Energy & Mineral Law
Foundation; Member, Steptoe & Johnson PLLC,
Charleston, West Virginia
ROBERT B. KEITER, President, Rocky Mountain Mineral
Law Foundation; Professor of Law, University of Utah S.J.
Quinney College of Law, Salt Lake City, Utah
BRUCE M. KRAMER, Program Co-Chair; Keystone, Colorado;
Of Counsel, McGinnis Lochridge & Kilgore LLP, Houston,
Texas
MARY A. VIVIANO, Program Co-Chair; General Counsel,
Vantage Energy LLC, Englewood, Colorado
8:45 – 9:45 am
Overview of Major U.S. Shale Plays: Marcellus/Utica,
Niobrara, Eagle Ford/Barnett, and Bakken
The pace of activity in the Marcellus/Utica, Niobrara, Eagle
Ford/Barnett, and Bakken Plays has been tremendous.
What have the shale plays’ reserves, trends, and statistics
meant, and what will they mean, to the U.S. reserves picture?
BARRY OSBORNE, Vice President Land – Southern Marcellus
Shale Division, Range Resources Corporation, Canonsburg,
Pennsylvania
9:45 – 10:00 am
Coffee Break
10:00 – 11:00 am
Laws Governing Technical Innovations in Shale Plays:
Horizontal Drilling, Hydraulic Fracturing, and Water Use
Innovations—Driving the Boom and Generating Litigation
This presentation will address changes to state and federal
laws on drilling horizontal wells, EPA’s hydraulic fracturing
study, draft BLM rules on hydraulic fracturing, and pending
litigation challenging the states’ right to regulate hydraulic
fracturing over local objection.
JOHN C. MARTIN, Partner, Crowell & Moring LLP,
Washington, D.C.
11:00 am – Noon
Lease Maintenance and Title Issues Across the Shale
Basins – Part 1
Old leases – new stories: What can court decisions teach
us about navigating potential development conflicts in
shale plays, including dual purpose leases, competition
from storage and coal interests, trespass, condemnation,
continuous production, and other lease maintenance issues?
Moderator: BRUCE KRAMER, Keystone, Colorado; Of
Counsel, McGinnis Lochridge & Kilgore LLP, Houston, Texas
Panelists:
Marcellus/Utica: NICOLLE R. SNYDER BAGNELL, Partner,
Reed Smith LLP, Pittsburgh, Pennsylvania;
JOHN K. KELLER, Partner, Vorys, Sater, Seymour &
Pease LLP, Columbus, Ohio
Noon – 1:30 pm
Lunch (on your own)
-
1:30 – 3:00 pm
Lease Maintenance and Title Issues Across the Shale
Basins – Part 2
Moderator: MARY VIVIANO, Program Co-Chair; General
Counsel, Vantage Energy LLC, Englewood, Colorado
Panelists:
Eagle Ford/Barnett: CRAIG L. STAHL, Partner, Andrews
Kurth LLP, The Woodlands, Texas
Bakken: BLAINE T. JOHNSON, Partner, Crowley Fleck PLLP,
Bismarck, North Dakota
Niobrara: C. ELAINE CARLETON, Partner, Carleton Gotlin
Law PC, Denver, Colorado
3:00 – 3:15 pm
Coffee Break
-
3:15 – 4:15 pm
Dormant Mineral Acts—Possible Game Changers?
One size does not fit all! Legislative approaches to the
merging of severed surface and mineral estates differ
significantly. How may these laws affect your drilling title,
and what decisions of state and federal courts are most
relevant?
PATRICK H. MARTIN, Professor Emeritus of Law, Louisiana
State University, Baton Rouge, Louisiana
4:15 – 5:15 pm
Recent JOA Modifications Affecting Horizontal Drilling
in Shale Plays: The AAPL 1989 Model Form—Horizontal
Addendum and Beyond
A survey of the recently published modifications to the AAPL
Model Form, this presentation will include a discussion of
the Addendum and additional changes being contemplated
for the Model Form, including those drawn from recent court
decisions.
WORTH CARLIN, Vice-President Land, Vantage Energy LLC,
Englewood, Colorado
JEFF WEEMS, Partner, Porter Hedges LLP, Houston, Texas
5:15 – 6:15 pm
-
Hosted Reception
Development Issues in Major Shale Plays
Friday, May 2, 2014
8:30 – 10:30 am
Water Schemes Across the Shale Plays
Water supply and disposal are critical issues in shale
development. These presentations will address state
regulatory schemes and the lack thereof, obtaining rights to
fresh water, produced water disposal, permits, fresh water
impoundment, water recycling, and recent litigation.
Marcellus/Utica: R. TIMOTHY WESTON, Partner, K&L Gates
LLP, Harrisburg, Pennsylvania
Eagle Ford/Barnett: RUSSELL JOHNSON, Partner, McGinnis
Lochridge & Kilgore LLP, Austin, Texas
Bakken: CRAIG C. SMITH, Partner, Crowley Fleck PLLP,
Bismarck, North Dakota
Niobrara: ZACH C. MILLER, Partner, Davis Graham & Stubbs
LLP, Denver, Colorado
10:30 – 10:45 am
-
Coffee Break
10:45 – 11:45 am
Hot Off the Presses: A Look at Groundbreaking New Air
Quality Rules Addressing Fugitive Emissions, Greenhouse
Gases, and Flaring from Oil and Gas
In February, Colorado likely will have adopted the most
aggressive air quality standards for oil and natural gas
production in the nation. These rules, in large measure,
resulted from a compromise struck by select industry and
environmental stakeholders, and were endorsed by the
Governor. What are the key provisions of the rules, including
Leak Detection and Repair, and how do they relate to federal
Quad O NSPS requirements; what are the air quality goals
and will they be achieved; and what do these rules mean for
operators in other shale plays?
JOHN R. JACUS, Partner, Davis Graham & Stubbs LLP,
Denver, Colorado
ERIC WAECKERLIN, Associate, Davis Graham & Stubbs LLP,
Denver, Colorado
60 Annual
th
Rocky Mountain Mineral Law
Institute
July 17–19, 2014 in Vail, Colorado
Come for the education.
Bring your family for the location.
11:45 am – 1:30 pm
-
Lunch (on your own)
1:30 – 2:30 pm
Pooling and Unitization Methods Across Shale Basins (or
Lack Thereof) – Part 1
This presentation will provide a survey of applicable state
regulatory schemes and recent court decisions; spacing rules;
setbacks; pooling and unitization schemes by state; or lack
thereof (e.g., Texas). Can operators afford to drill “free” wells
or carry co-tenants where there is no force pooling? What are
the issues in urban landscapes? What are the concerns when
crossing water bodies?
Moderator: BRUCE KRAMER, Program Co-Chair; Keystone,
Colorado; Of Counsel, McGinnis Lochridge & Kilgore LLP,
Houston, Texas
Panelists:
Marcellus/Utica: BENJAMIN M. SULLIVAN, Associate
General Counsel, Energy Corporation of America,
Charleston, West Virginia
Niobrara: JAMIE L. JOST, Managing Shareholder, Jost &
Shelton Energy Group, PC, Denver, Colorado
JOSEPH M. EVERS, Associate Attorney, Jost & Shelton
Energy Group, P.C., Denver, Colorado
2:30 – 2:45 pm
-
Coffee Break
2:45 – 3:45 pm
Pooling and Unitization Methods Across Shale Basins (or
Lack Thereof) – Part 2
Moderator: W. JONATHAN AIREY, Partner, Vorys, Sater,
Seymour & Pease LLP, Columbus, Ohio
Panelists:
Eagle Ford/Barnett: JOHN HICKS, Partner, Scott, Douglass &
McConnico, L.L.P., Austin, Texas
Bakken: AMY L. DE KOK, Shareholder, Fredrikson & Byron,
P.A., Bismarck, North Dakota
3:45 – 4:45 pm
Gathering and Other Transportation Issues Facing Shale
Operators
Pipeline to Rail: What issues are involved in getting oil and
natural gas out of the shale basin and to market? This
presentation will discuss the differing schemes in the Utica/
Marcellus (dealing with processing and NGLs), Eagle Ford/
Barnett (contracting with oil pipelines), Bakken (transport by
railcar), and Niobrara (natural gas pipeline issues).
ANNE D. WEBER, Partner, Weber Law Firm, LLC,
Denver, Colorado
4:45 – 5:00 pm
-
Closing Remarks and Adjournment
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Course materials and audio recordings for Shale Plays will be available within 4 weeks after the program
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DEVELOPMENT ISSUES IN MAJOR SHALE PLAYS
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PROGRAM COMMITTEE
BRUCE M. KRAMER, Program Co-Chair; Keystone, Colorado;
Of Counsel, McGinnis Lochridge & Kilgore LLP, Houston, Texas
KAREN J. GREENWELL, Partner, Wyatt Tarrant & Combs LLP,
Lexington, Kentucky
MARY A. VIVIANO, Program Co-Chair; General Counsel, Vantage
Energy LLC, Englewood, Colorado
JAMIE L. JOST, Managing Shareholder, Jost & Shelton Energy
Group, PC, Denver, Colorado
W. JONATHAN AIREY, Partner, Vorys, Sater, Seymour & Pease LLP,
Columbus, Ohio
NICOLLE R. SNYDER BAGNELL, Partner, Reed Smith LLP,
Pittsburgh, Pennsylvania
AMY DE KOK, Shareholder, Fredrikson & Byron, P.A.,
Bismarck, North Dakota
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GENERAL INFORMATION
Room Reservations: The Sheraton Station Square, 300 W. Station
Sq. Dr., Pittsburgh, PA 15219, has blocked discounted rooms for
this course until April 7 at $169/night ($199/night Club). A limited
number of government rate rooms are also available. Ask for special
rates for Rocky Mountain Mineral Law Foundation registrants. For
reservations, contact the Sheraton at:
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Registration Fees: Include course materials, refresh­­ments, and
hosted functions as listed in this brochure. These fees do not
include hotel costs or transportation. Registrations will be accepted
only when accompanied by a check, money order, government
purchase order or training form, credit card information, or wiring
informa­tion. No registrations can be processed without payment.
Recording: Audio and video recording of this course are not permit­
ted without the express authorization of the Foundation.
Special Needs: If you have special needs addressed by the ADA,
please notify us at least two weeks before the program.
Registration Cancellations: Refunds, less a $50 adminis­tra­­tive fee,
will be given for cancel­la­tions received by 3:00pm on Friday, April 11,
2014. No refunds will be given there­­after, although substitution of
attendees may be made by contacting the Foundation. Cancellations
must be made by email to info@rmmlf.org. Registrants not entitled to
a refund will receive a link to the written materials. For questions on
refunds, complaints, and/or program cancellations, please contact
our office at 303-321-8100.
CLE Credit: Foundation conferences are typically accredited by
all manda­tory CLE states, the AAPL, NADOA and NALTA, and
other professional organizations. Attorneys from certain states
may be required to pay an additional fee. This course consists of
approxi­mate­ly 12.5 hours of continuing education. You must let
us know at least 30 days in advance of the conference the states
or organizations for which you will need credit (see registration
form). The Foundation is a State Bar of California MCLE-approved
provider.
CPE Credit: The Rocky Mountain Mineral Law Foundation
is registered with the National Association of State Boards of
Accountancy (NASBA) as a sponsor of continuing profes­sional
education on the National Registry of CPE Sponsors. State boards
of accountancy have final authority on the acceptance of individual
courses for CPE credit. Complaints regarding registered sponsors
may be addressed to the National Registry of CPE Sponsors through
its website: www.learningmarket.org. There are no prerequisites
and no advance preparation is required to attend this course.
The delivery method is Group–Live, and up to 15 CPE credits are
available. The program level is “overview.”