JUNE 2022

Natural Resources Law Insights

Army Corps Reissues and Revises Nationwide Permits under CWA Section 404 Program and NWP 12 Again Under Attack
Michael Golz, Zach Miller | Davis Graham & Stubbs LLP
The Army Corp of Engineers issued a final rule regarding its Nationwide Permits (NWPs) for dredge and fill activities on December 27, 2021, that retained consequential changes made to 16 NWPs in January 2021, including a stringent new mitigation condition, incorporated some of those changes into newly reissued permits. And a lawsuit is pending in Montana challenging and attempting to rescind NWP 12 for oil and gas pipelines.

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Texas Supreme Court Holds in BlueStone That Gathering Costs Can Sometimes Be Deducted as Post-Production Costs

Meghan McElvy, James Barkley, Scott Looper, Gerry Morton, Laura Shoemaker | Baker Botts L.L.P.
The Texas Supreme Court once again affirmed that, where contracts are unambiguous, plain language rules the day, and each contract must be separately analyzed. While BlueStone appears to be a decision about the meaning of the word “pipeline,” the decision could have major implications for how upstream companies pay royalties depending on the specific deed or lease language at issue.

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Mitigating Construction Risks in Offshore Wind Projects
William J. Shaughnessy, Neal J. Sweeney | Jones Walker LLP
With the expected boom in U.S. offshore wind construction, all participants in the process should adopt important risk management approaches to avoid problems and disputes that drive up costs and cause delays. This article highlights the importance of coordination among the parties and the use of an independent disputes advisor to resolve issues in real time during construction.       

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A Focus on the Current State of Lithium Mining and Processing in the U.S. 
Selena Sauer | Crowley Fleck PLLP
Tremendous opportunities are at hand for the U.S. mining industry as demand for critical minerals to build renewable energy infrastructure escalates and the need to mine critical minerals in the U.S. becomes increasingly apparent. This article discusses recent federal policy regarding lithium mining, legal challenges against new mines under the National Environmental Policy Act that make new mining operations in the United States difficult, and an example of a project where industry and government are working together on a new lithium project.

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People On The Move

Laura Lindley

Laura Lindley, known to many of our members for her tireless service to the Foundation, retired on December 31, 2021. An important part of the Foundation and a nationally recognized federal land and oil and gas lawyer, in 1999 she became the Foundation’s first woman president. Her friends and colleagues say:

“I had the pleasure of working with Laura for the majority of my career. She was one of the most influential mentors in my entire life. While she may not recall, I originally had the pleasure of seeing her argue a case while I was still clerking. I was impressed by her knowledge and skill and the way she simply owned the room. Later, when I was lucky enough to secure a position in her firm, that admiration and respect only grew. Laura Lindley is simply one of the best attorneys I have ever met and had the pleasure to know. The breadth and depth of Laura’s knowledge is really immeasurable. She is a truly exceptional mentor and friend and I am blessed to have worked with her for so many years.” Robert C. Mathes, Managing Counsel – Rockies, Occidental Petroleum Corporation

“Early in my career, it was my privilege to be a student at the Federal Oil and Gas Leasing Short Course in Breckenridge being taught by Laura. Her knowledge and command of the subject was very evident and from that interaction I always considered her one of my mentors. As she rose up through the ranks of the Foundation, ultimately becoming the president, she always brought professionalism, insight and great knowledge on the subject of oil and gas law and federal oil and gas leases. A highlight of my career was being asked to teach the course she originally taught me.  Another was to co-teach with Laura a shortened version of the Federal Oil and Gas Lease short course when Foundation members were demanding knowledge of that subject as the shale plays took off.  Her leadership, care and concern for the Foundation and its members was always present during my active years with the Foundation. I wish her the best in retirement and extend my deepest thanks and gratitude to her for mentoring me and being a great friend for my entire professional career.” Gregory J. Nibert, Partner, Hinkle Shanor LLP

 “Laura was a brilliant and accomplished public lands and oil and gas lawyer and she cared deeply about mentoring young lawyers.” Allison MacKinnon, Shareholder, Welborn Sullivan Meck & Tooley, P.C.

“It’s hard to summarize Laura’s decades of accomplishments, but I think the easiest way is to say that she’s always been, by far, the hardest working person in the room. Laura has never shied away from a tough issue and is passionate about serving her clients. In spite of her standing as the foremost authority on public land law, I’ve never once heard her boast. It is not uncommon to chat with Laura about an issue only to find out later she’d written a seminal treatise or argued the winning side in a pivotal case on the issue. On top of all of it, I consider her a great friend. Working with Laura for the last 15 years has been an honor and a pleasure.” Sarah Sorum, Shareholder, Welborn Sullivan Meck & Tooley, P.C.

The Foundation and all our constituents wish Laura the best in her retirement!

Highlights of Recent In Person Programs 

The Foundation has held five live educational programs since our last Natural Resources Law Network Newsletter. Read more about these timely, informative, and engaging programs put together by Foundation volunteers.

Petroleum Marketing Attorneys’ Meeting
This workshop, co-chaired by Abby Risner, Michael Korenblat, and Jacqueline Tate-Mathis, was held on March 31-April 1, 2022, at the Westin Galleria in Houston, Texas, the energy capital of the world. Although it had been postponed twice due to the pandemic, attendance was on par with past programs and included a mix of private practice and in-house attorneys from across the United States. Speakers explored a range of issues affecting refiners, wholesalers, and retailers, focusing on recent developments under the Petroleum Marketing Practices Act, the future of motor fuel stations in the age of energy transition, and issues of race, ethnicity, and gender in the context of litigation and jury selection. 

2nd Young Natural Resources and Energy Lawyers Institute
This special institute, chaired by Young Professionals Committee Chair Kristin Nichols, was held on April 28-29, 2022, at the Sheraton Denver Downtown, in Denver, Colorado, and attracted over 100 total registrants. There were several panel presentations related to career development and professional satisfaction as well as plenary sessions with topics such as the energy transition, oil and gas JOAs, developments in public land law, and the basics of tribal sovereignty. Over 92% of the attendees rated the program as very good/excellent and the evening networking activity at Urban Putt was a huge success. The presentations from this institute will be available soon on the Foundation’s on-demand Online Natural Resources Education platform.  

Public Land Law, Regulation, and Management
The Eldorado Hotel in Santa Fe, New Mexico was the location for this outstanding program held concurrently with the Special Institute on Litigating an Energy, Natural Resources, or Environmental Case. This special institute was chaired by Rob Mathes and was held on May 5-6, 2022. Santa Fe is always an enjoyable location, and holding this concurrently with the Litigation Special Institute allowed attendees to move between sessions. Attendees were able to hear from current and former government officials, industry professionals, natural resources attorneys, academics, NGO attorneys, and administrative law experts on relevant governing laws, regulations, and policies impacting public land and minerals across the western United States. The presentations from this institute will be available soon on the Foundation’s on-demand Online Natural Resources Education platform.

Litigating an Energy, Natural Resources, or Environmental Case
This special institute, co-chaired by Neil Westesen and Carolyn McIntosh, was held on May 5-6, 2022, at the Eldorado Hotel in Santa Fe, New Mexico, concurrently with the Special Institute on Public Land Law, Regulation, and Management. Outstanding presenters addressed each step of litigating an energy, natural resources, or environmental case – from service of the complaint through trial. The program was devoted to the practicalities and unique aspects of litigating, making each presentation “real world” relevant. The presentations from this institute will be available soon on the Foundation’s on-demand Online Natural Resources Education platform.  

20th Natural Resources Law Teachers Institute 
Over 80 law professors joined the Foundation for the 20th Natural Resources Law Teachers Institute co-chaired by Robin Craig and Janice Weis and co-sponsored by the Institute for Energy Law, the Energy and Mineral Law Foundation, and the American Bar Association. The program was held on June 1-3, 2022, at Asilomar Hotel and Conference Grounds in Pacific Grove, California and included optional field trips to the Monterey Bay Aquarium, an Elkhorn Slough eco tour, an Elkhorn Slough kayaking trip, a Point Lobos hike, and a whale watching trip. The presentations from this institute will be available soon on the Foundation’s on-demand Online Natural Resources Education platform.  

Upcoming 2022 Programs 

Don't Miss the 68th Annual Institute!

Come for the Education - Bring Your Family for the Destination!

If you haven’t registered for the 68th Annual Institute yet, register now. It is time to see old friends and colleagues, and Vail is an incredible venue!

Chaired by Professor Bruce M. Kramer, the 68th Annual Institute will feature 34 talks with almost 60 speakers from private practice, academia, government, industry, associations, and other organizations. After opening with a general session on Thursday morning, the institute will offer attendees choices among separate sessions focusing on oil and gas and landman’s issues, mining law, public lands and Indian law, water law, environmental law, corporate counsel legal issues, international resources issues, and a NEW session on renewable energy and electricity. 

Vail in July is a stunningly beautiful alpine setting with amazing weather for high-elevation golf, wildflower hikes, backpacking, cycling and mountain biking, tubing and whitewater rafting, canoeing, gondola rides, nature walks, jeep tours, and so much more. Shopping, excellent restaurants, and spas abound. The entire family can enjoy numerous activities, including Epic Discovery at the top of the Eagle Bahn Gondola.

Registration includes a huge reception for registrants and families on Thursday evening at the base of the mountain. Other events include separate receptions for young professionals and in-house counsel, a babysitting option on Friday night for enjoying the town or private events, and various lunches with guest speakers, including Portia’s Lunch for women, a natural resources law teachers lunch, an international practitioners lunch, and a lunch for oil and gas practitioners. We look forward to seeing you in July! 

Registration closes on July 14, 2022, so register today!

Foundation News

Congratulations to Our Scholarship Winners!

The Foundation has several scholarship programs that provide tuition support to law students who attend the Foundation’s Constituent Law Schools. Thanks to the generosity of our members and other constituents the Foundation has been able to award, since 1980, over 707 scholarships totaling $3.96 million. 

This year, the Foundation awarded 51 scholarships to 37 scholars from 16 Constituent Law Schools for a total of $281,683. The following are the 2022-2023 scholarship award recipients.

The Foundation Scholarship Awards