Michael J. Sherman
Experience
Michael Sherman is a California mining and oil and gas attorney. Michael assists
upstream oil and gas companies and mining companies with acquiring and leasing
mineral rights and permitting the extraction of oil, gas and other mineral resources.
His experience includes title, transactional, land use and natural resources matters
involving oil and gas exploration and aggregate, industrial mineral and metallic
mineral mines throughout California.
Michael’s compliance and permitting work also includes assisting clients with
incidental take permits under the California Endangered Species Act (Section 2081)
and streambed alteration agreements under the California Fish and Game Code
(Section 1602).
Prior to practicing law, Michael owned a small agricultural commodities company and
Partner
worked on his family’s dairy cattle and hog farms in Oregon.
Sacramento, CA
Representative Work
(916) 319-4792 direct
Oil and Gas Exploration and Production
(916) 447-4781 fax
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Rendered title opinions on producing and non-producing oil and gas properties
throughout California:
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Complex division order title opinions and division of interests, ranging in size
from a few mineral owners to 500-plus mineral owners
o
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Drilling title opinions for vertical and horizontal wells
o
$2 million acquisition of private and federal oil and gas leases and producing
gas wells in Northern California
Drafted, negotiated and advised on compliance with joint operating, farmout/in, pooling and other agreements related to exploration and production
Advised on compliance with CEQA and SB 4 well stimulation permitting law
Aggregate, Industrial Mineral and Metallic Mineral Mines
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Transactional due diligence (purchase and sale, leasing):
o
Negotiated mining lease for aggregate mine in Riverside County
University of California, Hastings
College of Law, J.D., 2008, cum laude
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University of Oregon, B.A., Economics
and Political Science, B.S., Business
Administration, 2005, magna cum
laude
$25 million acquisition of private and state oil and gas leases and producing
oil wells in Kern and Monterey Counties
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Education
Advised on acquisition due diligence, including:
o
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michael.sherman@stoel.com
Admissions
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California
Michael J. Sherman
o
Drafted easement agreements, mitigation purchase option agreement, and water use agreements for roofing granules mine
acquisition in Amador County
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o
Negotiated and drafted mining lease for underground gold mine in Amador County
o
Drafted mining lease for placer gold deposit in Plumas County
o
Negotiated and drafted mining lease and option to purchase for open pit gold mine in San Bernardino County
Mineral title examination on private land and unpatented placer mining claims, lode mining claims and mill site claims:
o
Unpatented mining claims (370 lode claims and 280 mill site claims) for gold mine in Imperial County
o
Unpatented mining claims (lode and mill site) and patented mining claims for silver mine in San Bernardino County
Compliance with the California and federal Endangered Species Act (ESA), California Surface Mining and Reclamation Act
(SMARA), Federal Land Policy and Management Act (FLPMA), Clean Water Act (CWA), California Environmental Quality Act
(CEQA) and the National Environmental Policy Act (NEPA):
o
Aggregate mine in Fresno County (SMARA and CEQA compliance)
o
Aggregate mine in Madera County (SMARA, California ESA and CWA compliance)
o
Gold mine in Mariposa County (CEQA, SMARA and backfill requirements)
o
Silver mine in San Bernardino County (CEQA, SMARA and backfill requirements)
o
Gold mine in Imperial County (CEQA, SMARA and backfill requirements)
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Gold mine in Los Angeles County (FLPMA and NEPA compliance)
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Gold mine in Nevada County (vested rights, SMARA and CEQA)
California Endangered Species Act and Streambed Alteration Agreements
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Assisted with preparing applications for Section 2081 incidental take permit under the California Endangered Species Act and
Section 1602 streambed alteration agreement for large-scale residential/mixed use project in Los Angeles County
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Advised on California Endangered Species Act and federal Endangered Species Act issues for solar projects in the San Joaqui n
Valley, including incidental take issues for San Joaquin kit fox and blunt-nosed leopard lizard
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Assisted clients facing potential enforcement actions by the California Department of Fish and Wildlife and U.S. Fish and
Wildlife Service for alleged violations of the California Endangered Species Act and federal Endangered Species Act
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Prepared Section 2081 incidental take permit application under the California Endangered Species Act for an aggregate mine
with potential impacts to California tiger salamander
Professional Honors and Activities
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Secretary, Board of Directors, California Mineral Education Foundation
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Member, Rocky Mountain Mineral Law Foundation
Michael J. Sherman
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Member, Bakersfield Association of Professional Landmen
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Member, Sacramento Petroleum Association
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Member, California Construction and Industrial Materials Association
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Member, Environmental and Real Property Law Section, California State Bar
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Member, Environmental and Real Property Law Section, Sacramento County Bar Association
Presentations and Publications
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"California's Endangered Species Act (CESA): It's role as an overlay to the federal ESA and the key areas of difference"
(presenter), Law Seminars International: Endangered Species in California, June 2016
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"Bankruptcy in the Oil and Gas Industry" (presenter), 33rd Annual West Coast Landmen's Institute, Sept. 2015
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“Advanced Division Order Issues” (presenter), Private Client, Mar. 2015
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"Potential Water Supply and Quality Issues Affecting California’s Oil and Gas Industry" (presenter), California Wa ter Laws and
Regulations CLE, Jan. 2015
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"California Oil and Gas Law: Division Orders and Net Revenue Interest Calculations" (presenter), Private Client, Dec. 2014
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"Review of the ‘Typical’ California Oil and Gas Lease" (presenter), 32nd Annual West Coast Landmen's Institute, Oct. 2014
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"Annual Mining and Public Land Law Update" (presenter and author), 60th Annual Rocky Mountain Mineral Law Institute, July
2014
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"The Not So Good, the Bad and the Ugly - What Every Landman Needs to Know About Community Leases" (presenter), 31st
Annual West Coast Landmen's Institute, Sep. 2013
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"Pass Through Rights and Pore Space" (presenter), Los Angeles Association of Professional Landmen, May 2013
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"California Mining Law: Backfill Requirements for Metallic Mines" (presenter), California Department of Conservation, May 2013
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"Just Passing Through, Nothing to See Here: Pass-Through and Pore Space Rights" (presenter), Bakersfield Association of
Professional Landmen, Feb. 2013
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"Federal Mining Law Year in Review" (coauthor), American Association of Professional Landmen Annual Conference, 2009, 2010,
2011, 2012
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"Change to Idle Mine Provisions Gives Operators A Chance for A Cure" (author), Rocky Mountain Mineral Law Newsletter, July
2011
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"Proposed Changes to Idle Mine Provisions Pass First Legislative Hurdle” (author), Rocky Mountain Mineral Law Newsletter, Jan.
2011