April 2020

Natural Resources Law Insights

Member Spotlight

The Rocky Mountain Mineral Law Foundation has many passionate members who volunteer their time and talents for the Foundation. Here are just a few:

MICHAEL J. BOURASSA is a member of the global mining group at Fasken Martineau DuMoulin LLP and is based in the firm’s Toronto office. He currently serves as secretary of the Foundation and the Program Chair (with Vice-Chair Elisabeth Eljuri) of the 2021 Special Institute on International Mining and Oil & Gas Law, Development and Investment. He has been very active as a speaker at a number of the Foundation’s domestic and international institutes and as the vice chair for the 2019 Special Institute on International Mining and Oil & Gas Law, Development, and Investment in Rio de Janeiro.

Michael is affable, soft-spoken, and extremely active on social media—check out his LinkedIn profile! He has an undergrad degree in physical geography and worked for a mining company before getting involved in mining law. Starting his legal career as legal counsel for the Ontario Ministry of Mines reinforced his love of natural resources law, and he has been fortunate, joining Fasken in 2003 and seeing their mining group expand to what it is today.

He recalled his first Annual Institute in Snowmass in 1989 and how much he wanted to learn more about the Rocky Mountain Mineral Law Foundation and get more involved. Over the years, he has cultivated numerous long-standing friendships and fond memories, including a Special Institute in Buenos Aires in 2009 where he and other program committee members had the opportunity to enjoy a live tango show.

Michael’s advice to a young professional or student just starting out is to “network, get involved, write articles and present, don’t forget to get involved in local industry organizations, get to know lawyers and industry professionals (e.g. geologists)—they can be a great source of information and support.” When asked about where the mining industry is headed, Michael said, “Mining has a very bright future, especially in renewables and critical minerals. Copper could be the new miracle metal. As an example, it is being utilized in homes and healthcare because viruses, including the current COVID virus, can’t survive on it.”

In his spare time, Michael enjoys cooking, and over the holidays earlier this month he prepared a family dinner and actually delivered it (staying in the car) to family members. He did admit that while he loves cooking and is good at it, he is certainly not in the same league as the Foundation’s Executive Director, Alex Ritchie.

One interesting side note about Michael: he was traveling in California in the late 1970’s with two friends and they spent, as he said, “a very bizarre weekend” with members of the Moonies. You may have to look that up.

BIO: Michael J. Bourassa is a member of the global mining group at Fasken Martineau DuMoulin LLP, and acted as the group’s coordinator from 2004–2012. Michael has accumulated extensive experience on both Canadian and international mining projects.  Michael was co-chair of the International Bar Association’s (IBA) Mining Law Committee until December 31, 2018, and is now a council member of the IBA’s Section on Energy, Environment, Natural Resources and Infrastructure Law. He is Secretary of the Rocky Mountain Mineral Law Foundation andwas a director of the Prospectors & Developers Association of Canada. Michael has been ranked in several leading legal publications including Chambers Global, Chambers Canada and the Canadian Legal Lexpert Directory. He has also been named by Who’s Who Legal as Mining Lawyer of the Year in 2010, 2011, 2012, 2014 and 2017, and recognised in Who’s Who Legal (compendium edition) for 13 consecutive years (which also recognized Fasken as the Global Mining Law Firm of the Year in 2019 for the 11th time—the firm’s fifth consecutive win). In 2018 and 2019, Michael also edited the first two editions of Practice Guide—Mining published by Getting the Deal Through, a division of Lexology.

AUSTIN BRISTER is an attorney with McGinnis Lochridge LLP in Houston, Texas, and an active member of the Rocky Mountain Mineral Law Foundation, currently serving as the Vice Chair of the Foundation’s Young Professionals Committee.

When you first meet this accomplished young attorney, you would never guess that he holds an undergraduate degree in music with an emphasis in jazz studies. When asked why he chose to switch gears and become an oil and gas lawyer, he said it all goes back to his upbringing in Wyoming. “To put myself through school, every break I worked in refineries, compressor stations and coal mines. One summer I had the opportunity to work with legal counsel on a crane dispute involving a heavy-lift crane collapse, basically as a field clerk. I found the whole experience to be exciting. Those lawyers encouraged me to look into law school, and told me a degree in music was fine and that my experience in the field would be valuable as a lawyer.” Austin says he is grateful for that advice and hasn’t looked back. 

For the last several years, Austin has been a frequent speaker and writer on oil and gas law.  Speaking in front of a large audience appears to come naturally to him. When asked why, he said, “as a musician you’re basically on the spot in front of large crowds all the time, so I guess I kind of just got used to the pressure.” Austin initially became involved with the Foundation after attending an Oil & Gas Law Short Course in his first year of practice; he was astounded by the scholarship and number of attorneys from all over the world. Most recently, he presented at the Foundation’s Oil and Gas Update during the NAPE conference.

When asked what advice he would give a young professional or student just starting in natural resources law, he provided wise counsel: “You have to be your own advocate, seek out your own opportunities to develop your career and skillsets, and be versatile.  I recommend taking the initiative to read as many cases and papers in your practice area as you can.  If you do that, you’ll help ensure that you’re the person a client or partner goes to when the next opportunity presents itself.”

Regarding the current price of oil, he commented that “low oil prices are not entirely new—you can learn a lot from some of the Foundation’s papers from the 1980s crash. Sure, some of the substance may need to be updated to reflect legal developments, but what struck me is how so much of the issues and concerns they discussed is still applicable today. We can learn from that existing thought leadership.”

These days Austin spends all of his spare time enjoying being the father of his 14-month-old twins, Bennett and Hazel. But when he does have time for hobbies, Austin enjoys recreational aviation flying experimental bush planes with his dad.

BIO: Austin Brister represents oil and gas companies and landowners in upstream oil and gas litigation, including mineral and leasehold title disputes, surface trespass and damages, royalty calculation and payment disputes, operator/non-operator disputes, removal of operator, lease termination/perpetuation disputes, retained acreage and proration unit issues, and an array of other issues in the upstream oil and gas sector. Austin has represented both plaintiffs and defendants in courtrooms across Texas. Austin strives to find practical business solutions, but when necessary he works hard to implement aggressive strategies in the courthouse. Austin is licensed in Texas, Wyoming, Colorado, and North Dakota. Austin is an active member of the Rocky Mountain Mineral Law Foundation, where he serves as the Vice Chair of the Young Professionals Committee. Austin frequently publishes articles and gives presentations on oil and gas issues, including articles and presentations for the Texas Oil and Gas Law Journal, Law360, Texas State Bar, Rocky Mountain Mineral Law Foundation, Wyoming Bar Association, Houston Bar Association, Dallas Bar Association, Wyoming College of Law, University of Texas, South Texas College of Law, American Association of Petroleum Landmen, Landman Magazine, National Association of Division Order Analysts, National Association of Lease and Title Analysts, and numerous local chapters of landman and lawyer associations.

ALEXANDRA B. KLASS is a Distinguished McKnight University Professor at the University of Minnesota Law School and currently serves as the Foundation’s University of Minnesota Law School Trustee.

When Alex decided to go to law school, it wasn’t because she knew she wanted to be a lawyer (she didn’t know any lawyers very well), but instead because the law school curriculum as described in the course catalogs looked more interesting that other graduate school options. This led to an interest in environmental and natural resource law which, in turn, led her to Dorsey & Whitney LLP in Minneapolis. At Dorsey & Whitney, she practiced law for a decade, becoming a partner at the firm, before joining the academic community at the University of Minnesota.  The legal profession in general and legal academia in particular were a perfect fit for her, she said, because “I love, and I am actually good at, reading, writing, and talking.”

The highlight of her career has been integrating her private practice experience with teaching and scholarship. “It is particularly exciting when a lawmaker, practicing attorney, or corporate executive contacts me to let me know they  read a paper that I wrote and how relevant and helpful it was to a legal issue they were addressing in their work.”

After attending the Annual Institute in Victoria in 2018, she encouraged the University of Minnesota Law School to become a Constituent Law School, which it did last year. She recognized the opportunities that the Foundation provides to students and decided it was time to get her university more involved.  Moreover, she fondly remembers attending her first Foundation program—a Natural Resources Law Teacher program in Santa Fe in 2004: “Everyone was so welcoming, and from that experience I have developed some deep, long-lasting friendships.”

Alex’s advice to a young professional or student is to “be curious, ask a lot of questions, make connections, and give back to your community—you never know when opportunities will arise.”

When asked about where the renewable industry is headed, she noted that she was pleased that the Foundation is working to integrate renewable energy into its programs: “Renewable energy is progressing quickly and it is becoming a much larger part of the legal practices of many Foundation members. Moreover, law students and new lawyers are excited about the field, and so it can be a way for the Foundation to be attractive to a broader range of younger attorneys and professionals.”

Alex also indicated that she is passionate about physical fitness. She enjoys hiking and biking, and obtained her undergraduate degree at the University of Michigan on a gymnastics scholarship. Not surprising for this energetic professor!

BIO: ALEXANDRA B. KLASS is a Distinguished McKnight University Professor at the University of Minnesota Law School. She teaches and writes in the areas of energy law, natural resources law, environmental law, tort law, and property law. Her recent scholarly work, published in many of the nation’s leading law journals, addresses regulatory challenges to integrating more renewable energy into the nation’s electric transmission grid, siting and eminent domain issues surrounding interstate electric transmission lines and oil and gas pipelines, and applications of the public trust doctrine to modern environmental law challenges. She is a co-author of Energy Law and Policy (West Academic Publishing, 2d ed. 2018) (with Davies, Osofsky, Tomain, and Wilson); The Practice and Policy of Environmental Law (Foundation Press, 4th ed. 2017) (with Ruhl, Salzman, and Nagle); Energy Law: Concepts and Insights (Foundation Press 2d ed. 2020) (with Hannah Wiseman); and Natural Resources Law: A Place-Based Book of Problems and Cases (Aspen, 4th ed. 2018) (with Klein, Cheever, Birdsong, and Biber). Prior to her teaching career, Professor Klass was a partner at Dorsey & Whitney LLP in Minneapolis, where she specialized in environmental law and land use litigation.

Highlights of Recent Programs

The Foundation held its first Oil and Gas Law Update and Breakfast on February 6 in Houston during spring NAPE. We had 90 registrants from across the country, including attorneys, landmen, and other professionals. Austin Brister, a partner with McGinnis Lochridge in Houston and Vice-Chair of the RMMLF Young Professionals Committee presented an update on oil and gas cases relevant to upstream oil and gas operators, non-operators, and interest owners. A special thanks to the RMMLF Young Professionals Committee who created and saw a need for this successful program. We plan to return to Houston on February 11, 2021 to reprise this successful and informative breakfast and oil and gas update.

The Foundation held its first Mining CLE and Reception on March 1 in Toronto during the annual gathering of the Prospectors and Developers Association of Canada (PDAC). We had an incredible turnout, with 206 registrants from 19 countries. One panel of general counsel discussed “What’s Keeping Me Up at Night: Current Legal Issues Impacting Companies’ Mining Business and Operations,” with the second panel discussing “Tracking and Tracing Key Commodities Using Blockchain.” Special thanks to our program chair, Erik Goldsilver, with Borden Ladner Gervais LLP in Toronto, for helping us put this together. We plan to return on March 7, 2021 for another blockbuster event.

Program Co-Chairs Ann Lane and Heidi Ruckriegle and the RMMLF Young Professionals Committee put together a superb program for the Foundation's first Young Natural Resources Lawyers and Landmen Institute on March 2-3 at the historic Oxford Hotel in Downtown Denver. We had 142 registrants, coming from 22 states and 4 countries. This Institute was specifically designed for young professionals and the first half-day was focused on career development topics, including working with in-house counsel, career advancement and satisfaction for young professionals, and client development and maintenance in natural resources industries. That was followed by a full day of fundamental substantive presentations on an array of topics including federal agency rulemaking, Indian law fundamentals, structuring natural resources deals, and an interactive small group roundtable discussion that focused on a hypothetical natural resources development project that addressed strategic and legal issues that can arise in such a project.

Welcome New Members!

The Rocky Mountain Mineral Law Foundation would like to welcome our new members for 2020.

See our new student members, individual members and group members!

Please congratulate these firms that upgraded their memberships!

Concho Resources upgraded from Unlimited Global to Sustaining Membership

Equinor upgraded from a 4-9 Membership to Sustaining Membership

Hall Estill upgraded from 4-9 Membership to 10-15 Membership

Shearman & Sterling upgraded from 4-9 Membership to 10-15 Membership

Terra Law Group upgraded from an individual to a 1-3 Membership

The Ridicki Firm upgraded from an individual to a 4-9 Membership

 Thank You Volunteers

The Foundation extends its gratitude to the following program committees that planned and organized institutes that the Foundation recently cancelled or postponed due to the coronavirus outbreak:

66th Annual Rocky Mountain Mineral Law Institute
Connie Rogers (Chair), Terra Law Group, LLC
Kevin Abbott, University of Pittsburgh School of Law
Michelle Bryan, University of Montana School of Law
Alex Campbell, Enduring Resources LLC
Tim Canon, Ovintiv Services Inc.
Drew Cloutier, Hinkle Shanor LLP
Jeff Faillers, Erwin Thompson Faillers
Barbara Fullmer, ConocoPhillips Alaska, Inc.
Charles Kazaz, Blake, Cassels & Graydon
Ann Navaro, Bracewell LLP
Nora Pincus, Dorsey & Whitney
Diana Sanclemente, Sanclemente Fernandez Abogados S.A.
David Schwan, Concho Resources
Virginia Schweitzer, Fasken

Special Institute on Financing Oil & Gas and Mining Acquisitions and Projects
Joel Benson (Co-Chair), Davis Graham & Stubbs
Lee Fanyo (Co-Chair), Lewis, Bess, Williams & Weese P.C.
Jared Hembree (Co-Chair), Hinkle Shanor
Phil Clark, Bryan Cave Leighton Paisner
Austin Elam, Haynes and Boone
Jeff Faillers, Erwin Thompson
Kuno Kafka, Antofagasta Minerals
Alison Lacy, Fasken
Ramona Monroe, Stoel Rives
Nora Pincus, Dorsey & Whitney
Kenneth Sam, Dorsey & Whitney
Christina Sheehan, Modrall Sperling
Randy Shefman, Royal Gold, Inc.
Matt Thompson, Resource Capital Fund
Cynthia Urda Kassis, Shearman & Sterling
Eric Vinton, Senn Visciano Canges P.C.

Special Institute on Oil and Gas Agreements: Purchase and Sale Agreements
Sam Niebrugge (Co-Chair), Davis Graham & Stubbs LLP
Amy Seneshen (Co-Chair), Welborn Sullivan Meck & Tooley, P.C.
Jolisa Melton Dobbs, Thompson & Knight
Lamont Larsen, Davis Graham & Stubbs
Allison MacKinnon, Welborn Sullivan Meck & Tooley
M. Scott Regan, Whiting Petroleum Corporation
Stephen Szalkowski, Latham & Watkins

Special Institute on Public Land Law, Regulation, and Management (rescheduled for October 8-9, 2020)
Robert Mathes (Chair), Occidental Petroleum Corporation
Alexander Arensberg, Patton Boggs
Deana Bennett, Modrall Sperling
Nada Culver, National Audubon Society
Phillip Lowe, Department of the Interior, Office of the Solicitor
Greg Nibert, Hinkle Shanor, LLP
Wells Parker, Dorsey & Whitney LLP
Hadassah Reimer, Holland & Hart
Sandi Zellmer, University of Montana

Special Institute on Onshore Oil & Gas Pooling and Unitization
Angela Franklin (Co-Chair), Holland & Hart
Jamie Jost (Co-Chair), Jost Energy Law
Bruce Kramer (Co-Chair), Professor Emeritus, Texas Tech University
Matthew Allen, Conner & Winters
Nicolle Snyder Bagnell, Reed Smith
Sandy Blackburn, Bureau of Land Management
David Chase, Bureau of Land Management
Beth Ryan, Concho Resources Inc.

The Foundation also extends its gratitude to the following program committees that planned and organized extremely successful programs that were held in early 2020:

Young Natural Resources Lawyers and Landmen Institute
Ann Lane (Co-Chair), WPX Energy
Heidi Ruckriegle (Co-Chair), WilmerHale
Stacie Carter, Antero Resources Corporation
Sarah Dicharry, Jones Walker
Jeff Faillers, Erwin Thompson Faillers
Ben Machlis, Dorsey & Whitney
Connie Rogers, Terra Law Group, LLC
Paul Tilley, DeConcini McDonald Yetwin & Lacy

Mining CLE and Reception at PDAC
Erik Goldsilver, Borden Ladner Gervais LLP
David Allman, Edwards, Kenny & Bray LLP
Oscar Benavides, Rodrigo, Elias & Medrano Abogados
Tanneke Heersche, Fasken
Jessica Black Livingston, Hogan Lovells
France Tenaille, Gowling WLG

Oil & Gas Update and Breakfast at NAPE
Austin Brister (Chair)

The Foundation recognizes the following members who recently participated on special task forces or ad hoc committees that were formed in connection with our strategic planning activities. These committees conducted research, deliberated, and prepared comprehensive reports to the Board of Directors with recommendations as to how the Foundation can meet ambitious goals in our strategic plan.

Strategic Implementation Committee 2.0
Rebecca Watson (Chair), Welborn Sullivan Meck & Tooley, P.C.
Scot Anderson, Hogan Lovells
Stuart Butzier, Modrall Sperling
Rachael Salcido, University of the Pacific

Academic Task Force
Robin Craig (Chair), University of Utah
Monika Ehrman, University of Oklahoma
John Lowe, Southern Methodist University
J.B. Ruhl, Vanderbilt University
Cliff Villa, University of New Mexico

Ad Hoc Renewable Energy Committee
K.K. DuVivier (Chair), University of Denver
Andrew Gibbons, Stinson LLP
Shi-Ling Hsu, Florida State University
Alex Klass, University of Minnesota
Jennifer Martin, Stoel Rives LLP
Meg Meister, Modrall Sperling
Carlin Yamachika, Day Carter & Murphy, LLP

Ad Hoc Philanthropic Model Committee
Brian Bjella (Chair), Crowley Fleck PLLP
Cassie Boggs
Keith Hall, Louisiana State University
Lynn Hendrix, Bryan Cave Leighton Paisner
David Pierce, Washburn University
Rob Risley, Freeport-McMoRan Inc.
Sarah Strunk, Fennemore Craig, P.C.

Ad Hoc Program Diversity Committee
Mark Christiansen (Chair), Edinger Leonard & Blakley, PLLC
Lisa Decker, WPX Energy, Inc.
Ana Gutierrez, Hogan Lovells
Eric Martin, Stoel Rives LLP
Lori McMullen, Crowley Fleck PLLP

The Foundation also recognizes the following members who were recently appointed as new members and are serving on one of our continuing governance or operational committees.

Audit and Risk Management
Matt Salzman, Stinson LLP

Budget Review Committee
Ben Machlis, Dorsey & Whitney

Clyde O. Martz Award Committee
Hannah Wiseman, Florida State University

Corporate Counsel Committee
Erin Murphy, Ovintiv USA Inc.
Sarah Steward, Exxon Mobil Corporation

Credentials Committee
Marcilynn Burke, University of Oregon
James Coleman, Southern Methodist University
Jeannette Wolfley, University of New Mexico

Financial Advisory Committee
Stacy Linden, Stoel Rives LLP
Sarah Strunk, Fennemore Craig, P.C.
Matt Thompson, Royal Gold, Inc.

Grants Committee
Jeff Corey, Parsons Behle & Latimer
Barbara Cosens, University of Idaho
Brigham Daniels, Brigham Young University
Uma Outka, University of Kansas

International Committee
Alex Calmon (Co-Chair), Tauil & Chequer Advogados Mayer Brown LLP
Tanneke Heersche (Co-Chair), Fasken
Khal Abdel-Barr, Lawson Lundell LLP
Erik Goldsilver, Borden Ladner Gervais LLP
Caroline O’Driscoll, O’Driscoll & Company
Ignacio Randle, Estudio Randle

Law Student Programs Coordinating Committee
Sharon Jacobs, University of Colorado
Vanessa Ray-Hodge, Sonosky, Chambers, Sachse, Endreson & Perry LLP

Natural Resources Law Education Committee
Karrigan Bork, University of California Davis
Sam Kalen, University of Wyoming
John Lacy, DeConcini McDonald Yetwin & Lacy
Emily Schilling, Holland & Hart LLP
Harry Sullivan, Texas A&M University

Natural Resources Law Teachers Committee
Warigia Bowman, University of Tulsa
Cameron Jefferies, University of Alberta

Publications Committee
Sarah Dicharry, Jones Walker
Jens Jensen, Welborn Sullivan Meck & Tooley, P.C.
Dale Ratliff, Lewis, Bess, Williams & Weese P.C.

RMMLF Journal Board 
Scott Clark, Burns, Figa & Will, P.C.

Scholarships Committee
Matthew Jensen, Parr Brown Gee & Loveless
Gage Zobell, Dorsey & Whitney

Site Selection Committee
Bresee Carlson, Kuiper Law Firm
Tracy Hunckler, Day Carter & Murphy, LLP

Special Institutes Committee
Deana Allen, Beatty & Wozniak PC

Young Professionals Committee
Casey Furey, Crowley Fleck PLLP
Kristin Nichols, Holland & Hart LLP
Elena Romerdahl, Perkins Coie
Jason Steiert, Parsons Behle & Latimer