Special Issue: July 2022
WE ARE BACK IN PERSON: THE 68TH ANNUAL NATURAL RESOURCES AND ENERGY LAW INSTITUTE WAS A STELLAR SUCCESS!
After two consecutive annual institutes online, the seminal Annual Institute was finally back in person again this year. For the Foundation faithful who regularly attended the conference for decades before the pandemic, it was a time of relishing old friendships and renewing important professional and personal relationships at a location – Vail, Colorado – that has been an acclaimed Annual Institute site for decades. And yet for all that was familiar, the Annual Institute returned with new faces throughout the audience and behind the speakers podiums, and exciting new names for both the Foundation and its most important program.
As a reflection of the Foundation’s new name, the Annual Institute brought with it attendees from throughout the United States, Canada, Latin America, and elsewhere, along with a broad range of break-out sessions and topics, and a diverse group of speakers from practice, companies, academia, and government. The collegiality, scholarship, and diversity of the Annual Institute continues to set it apart from other conferences focused on legal issues associated with natural resources, energy, and related topics.
Considering the challenges of in-person conferences emerging from the pandemic, attendance was stellar at over 720 registrants, with many of them accompanied by one or more members of their families, which has been a tradition of the Annual Institute. The initial feedback on the presentations has been excellent.
The Foundation is once again indebted to the small army of volunteers who worked to make the program possible, including 12 members of the Program Committee, 63 speakers, 145 section committee members who participated in planning meetings, and 100s more constituents who submitted proposed topics. We are particularly grateful to our Program Chair, Professor Bruce Kramer, a nationally recognized oil, gas, energy, and land use legal scholar, who is an author or co-author of some of the most important articles and treatises that have ever been written on oil and gas law. Professor Kramer put his heart into this program. We are humbled by his commitment to the Foundation and to the legal community of natural resources and energy law scholars, practitioners, and students.
The speakers are too numerous to name, but other members of the Program Committee included Megan Haines (Reed Smith LLP, Pittsburgh, PA), Matt Salzman (Stinson LLP, Kansas City, MO), Austin Brister (McGinnis Lochridge LLP, Houston, TX), Karen McGaffey (Perkins Coie LLP, Seattle, WA), Alison Lacy (Fasken, Toronto, ON), Marianna Boza Morán (Brigard & Urrutia Abogados, Bogotá, Colombia), Michael Dixon (Blake, Cassels & Graydon LLP, Calgary, AB), Laura Granier (Holland & Hart, Reno, NV), Mary Lou Fry (Equinor, Stamford, CT), Marcella Burke (King & Spalding, Houston, TX), and Burke Griggs (Topeka, KS).
PLANNING UNDERWAY FOR THE 69TH ANNUAL INSTITUTE
Although the 68th Annual Institute just barely ended, planning is already underway for the 69th Annual Institute, which will be held on July 20-22, 2023, at the Grand America Hotel. It will be 58 years since we held an annual institute in Salt Lake, and the city is abuzz with restaurants, bars, and energy! Salt Lake is a modern city at the foot of spectacular mountains. The rooms at the Grand America are huge, beginning at 700 square feet for only $261/night under our discounted room block, making the 69th Annual Institute an excellent event to bring the entire family. For an even less expensive option, we also have discounted rates at the Little America Hotel across the street, with 600 square foot rooms for only $166/night.
To lead the 69th Annual Institute, new President Rachael Salcido has appointed Jana Grauberger as the Program Chair. Jana is a Shareholder at Liskow & Lewis in Houston, Texas, and is an oil and gas lawyer with more than 20 years experience. Clients turn to her as a trusted advisor for contract negotiations, regulatory advice and appeals, litigation, and arbitration related to onshore and federal offshore upstream and midstream projects and facilities. Jana has represented clients in negotiating a wide variety of onshore and offshore contracts, and regulatory matters involving Department of the Interior agencies. She has served on the Foundation’s Board of Directors and has chaired or co-chaired the Oil & Gas Section of the 56th Annual Institute (2010), the Short Course on Federal Offshore Leasing and Development (2018 and 2022), and the Special Institute on Federal Offshore Regulatory Enforcement. Jana has been a champion of women who work in energy law, having also served as the National President and a member of the Board of Directors of the Women’s Energy Network.
Although it may seem way too early to start thinking about next July, as the Foundation faithful know, rooms go extremely early for the Annual Institute. Watch for information about making reservations under our block in the coming weeks, and reserve as soon as possible to guarantee your spot.
A call for topic and speaker proposals will be sent out in mid-September. Watch for the call and submit a proposal!
INTRODUCING THE FOUNDATION’S 2022-2023 OFFICERS, DIRECTORS, HONORARY TRUSTEES, AND TRUSTEES-AT-LARGE
Rachael E. Salcido
At its annual meeting on July 20, the Trustees Council elected the Foundation’s Officers, Directors, Honorary Trustees, and Trustees-at-Large for 2022-2023. Except for the incoming President, Rachael E. Salcido, whose accession from Vice President to President is covered under the Foundation’s Bylaws, the slate of Officers, Directors, Honorary Trustees, and Trustees-at-Large are nominated by the Foundation’s Nominating Committee after careful consideration of nominations submitted by Trustees.
New President Rachael Salcido said: “Under Scot Anderson’s leadership, the Foundation has sustained strong momentum over the past 12 months navigating post-pandemic change, advancing strategic initiatives, and innovating to meet the needs of members and other constituents. We continue to fulfill our mission to provide the highest quality education and scholarship to natural resource and energy lawyers, and we are supporting more students than ever before. It has never been so gratifying to be part of an organization built on collegiality and mutual respect. We have an excellent board for 2022-2023 that is well positioned to build on the Foundation’s history and collaborative values in the year ahead.”
The following are the Officers, Directors, and Trustees-at-Large for 2022-2023:
President: Rachael E. Salcido, University of the Pacific, McGeorge School of Law, Sacramento, CA
Vice President: Jolisa Melton Dobbs, Holland & Knight LLP, Dallas, TX
Secretary: Carlos Vilhena, Pinheiro Neto Advogados, Brasília, Brasil
Treasurer : Connie L. Rogers, Terra Law Group, Lakewood, CO
Board of Directors Members-at-Large 2022-2023
Jared A. Hembree, Hinkle Shanor LLP, Roswell, NM
Philip C. Lowe, U.S. Department of the Interior, Office of the Solicitor, Lakewood, CO
Robert C. Mathes, OXY USA Inc., Denver, CO
Patricia Núñez, Núñez, Muñoz & Cía Ltda., Abogados, Santiago, Chile
Nora R. Pincus, Nebari Holdings, Salt Lake City, UT
Bruce F. Rudoy, Babst Calland, Pittsburgh, PA
Past Presidents on Board of Directors 2022-2023
Scot W. Anderson, Hogan Lovells LLP, Denver, CO
Stuart R. Butzier, Modrall Sperling, Santa Fe, NM
Nicolle Snyder Bagnell, Reed Smith LLP, Pittsburgh, PA
Deana M. Bennett, Modrall Sperling, Albuquerque, NM
Austin W. Brister, McGinnis Lochridge LLP, Houston, TX
Mark L. Burghardt, Dorsey & Whitney LLP, Salt Lake City, UT
William B. Burford, Kelly Hart & Hallman, Midland, TX
Wendy Bowden Crowther, State of Utah Office of the Attorney General, Salt Lake City, UT
Marianna Boza Morán, Brigard & Urrutia Abogados, Bogotá, Colombia
Sarah Y. Dicharry, Jones Walker LLP, New Orleans, LA
Murray Feldman, Holland & Hart LLP, Boise, ID
Mary Lou Fry, Equinor, Stamford, CT
Erik Goldsilver, Gowling WLG LLP, Toronto, ON
Megan S. Haines, Reed Smith LLP, Pittsburgh, PA
Heidi Hande, Enerplus Resources (USA) Corporation, Denver, CO
Peter B. Hays, King & Spalding LLP, Houston, TX
Tanneke B. Heersche, Fasken, Toronto, ON
Kuno Kafka, Antofagasta Minerals Canada, Toronto, ON
Ramsey L. Kropf, Somach Simmons & Dunn, Boulder, CO
Karen M. McGaffey, Perkins Coie, Seattle, WA
Monte Mills, University of Montana School of Law, Missoula, MT
Almira Moronne, Davis Graham & Stubbs LLP, Denver, CO
Kristin A. Nichols, Holland & Hart LLP, Denver, CO
John Ruple, University of Utah S.J. Quinney College of Law, Salt Lake City, UT
Gregory D. Russell, Vorys, Sater, Seymour and Pease LLP, Columbus, OH
Adriano Drummond Trindade, Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados, Brasília, Brasil
Paul G. Yale, Gray Reed & McGraw LLP, Houston, TX
MARK HOLLAND AND MARGO MACDONNELL HONORED BY THE TRUSTEES COUNCIL FOR THEIR SERVICE
Long-time Foundation Director of Publications Margo MacDonnell and extremely long-time Associate Director Mark Holland retired recently. At the Trustees Council Reception and Dinner on July 20, Mark and Margo were honored for their incredible service.
All who have ever worked closely with the Foundation know Mark Holland. Mark retired from the Foundation on December 31, 2021, after 44 years (yes, you read that correctly) on the Foundation staff. From an intern in law school, to editing and compiling papers, managing institutes and short courses, being the Foundation’s marketing department, and more than 18 years as Associate Director, Mark has done virtually every job on the Foundation staff except Executive Director (a job he never wanted but some members understandably thought he held).
In the early 1990s, Mark became aware of event planner associations and organizations and began to attend their meetings to learn the best practices in that industry. He built relationships with hotel chains, event planning professionals, and leaders of continuing legal education organizations throughout the world. He obtained an accreditation with the International Air Transport Association that allowed him to rebate commissions back to the Foundation. And over time, he established a reputation as an expert hotel contract negotiator. Mark is a master at getting a hotel to agree to a provision that it never even contemplated. Due to his relationships and negotiating skills, the Foundation cancelled or postponed 18 in-person conferences during the pandemic without any liability.
Over the course of his long career, Mark’s incredible work ethic never wavered. The Foundation has long been known for its exceptional customer service, and much of that reputation is due to Mark. For decades, Mark happily handled, with never a complaint, every type of question or problem imaginable for Foundation members and constituents, be it at 4:00 a.m. in the morning or 9:00 p.m. at night. Mark’s life was so intertwined with the Foundation that he was married 20 years ago on Friday to his beloved wife, Anna, at the 2002 Annual Institute in Lake Tahoe on the day before the Trustees Council meeting.
Mark devoted his entire working life to the Foundation and legal education. He was also incredibly patient and kind to everyone he met. And even though he has “retired,” Mark continues to serve the Foundation as event contractor negotiating the Foundation’s hotel contracts. The Foundation Trustees Council, Board of Directors, and three Executive Directors will be forever grateful for Mark Holland’s service.
Margo MacDonnell retired effective at the end of the 68th Annual Institute after almost 14 years of service on the Foundation staff. Margo began her career at the Foundation as the part-time Director of Publications, a position she shared with Frances Hartogh. After the departure of an employee a few years later, both Frances and Margo became full-time employees, and Margo became the sole Director of Publications.
Although Margo supervised the Foundation’s publication staff, she also worked closely with hundreds of Foundation authors of papers, articles, chapters, newsletters, and books. In that role, Margo edited publications for style, grammar, and often, content. Authors loved working with Margo because she was always genuinely interested in the substance of what she was editing. With her long tenure with the Foundation, she also had a deep knowledge of the publications the Foundation produced over time. Behind the calm and quiet exterior, however, was a meticulous editor. Regardless of the stature or reputation of an author, she corrected their writing.
Margo was also excellent with people. Working with volunteer authors is not easy, especially with deadlines looming. Despite many, many delinquent authors, Margo was almost always patient. She approached missed deadlines with humor rather than frustration, and often adjusted her own schedule to meet the needs of others. When not working with volunteers, Margo had an even-tempered, team-focused management style. The Foundation is nothing but the sum of its people with many different personalities. Margo handled them with grace and compassion and mutual respect.
Although we will all miss Margo, we know she will not be bored or lost in retirement. When not enjoying a meal with family or friends, Margo spends every free moment in nature. Whether on a bike, skis, snow shows, backcountry trail, mountain, or river, Margo is at home. Thank you, Margo, for your exemplary service to the Foundation.
MARK CHRISTIANSEN AND MARK HOLLAND NAMED HONORARY TRUSTEES
At their meeting on July 20, the Trustees Council named Mark Christiansen and Mark Holland as Honorary Trustees. The Honorary Trustee position is a lifetime position as a voting member on the Trustees Council and awarded to those very few people who have demonstrated exceptional and long-time commitment to and involvement in the Foundation throughout their career. The position of Honorary Trustee is the highest award given by the Foundation related to Foundation service.
Mark Christiansen is widely known throughout the nation for his work handling complex oil and gas litigation. Mark has received all sorts of accolades, from Best Lawyers in America, to Top 50 lawyers in Oklahoma from Oklahoma Super Lawyers and Chambers USA’s list of leading Oklahoma attorneys. More important than the awards, however, is that Mark is truly devoted to educating others and improving the practice of natural resources and energy law.
Throughout his career, Mark has spent significant portions of his time giving back to the profession by speaking at and chairing legal conferences, writing papers, serving as a leader of nonprofit educational organizations, and bringing people together.
Mark has served as the Treasurer and on the Board of Directors of the Foundation and on the Executive Committee of the Institute for Energy Law. He has also served on Foundation committees and authored or co-authored five annual institute papers. For the past 18 years, he has compiled and edited a comprehensive oil and gas law update entitled “Legal Developments Affecting the Oil and Gas and Production Industry,” working with state update authors from around the U.S., that is published in the Foundation Journal and by the American Bar Association.
Mark is the consummate natural resources and energy lawyer. He well deserves the Foundation’s highest honor of service.
Along with former Foundation Executive Director Dave Phillips, nobody other than former Associate Director Mark Holland has demonstrated such an exceptional and long-time commitment and devotion to the Foundation. For more information about Mark, see the earlier story in this issue on the retirement of Mark and Margo MacDonnell.
ROBIN KUNDIS CRAIG AND HARRY W. SULLIVAN RECEIVE THE CLYDE O. MARTZ TEACHING AWARD
The Trustees of the Foundation are pleased to announce that the 2022 recipients of the Clyde O. Martz Teaching Award are Robin Kundis Craig and Harry W. Sullivan.
Robin Kundis Craig
Robin Kundis Craig is the Robert C. Packard Trustee Chair in Law at USC Gould School of Law. Robin specializes in all things water, including the relationships between climate change and water; the water-energy-food nexus; the Clean Water Act; the intersection of water issues and land issues; ocean and coastal law; marine biodiversity and marine protected areas; ecological resilience and the law; climate change adaptation; and the relationships between environmental law and public health. She is the author, co-author, or editor of 12 books, including Re-Envisioning the Anthropocene Ocean (University of Utah Press, forthcoming, with Jeffrey M. McCarthy); The End of Sustainability (Kansas University Press 2017, with Melinda Harm Benson); Contemporary Issues in Climate Change Law and Policy (Environmental Law Institute 2016, with Stephen Miller); Comparative Ocean Governance: Place-Based Protections in an Era of Climate Change (Edward Elgar 2012); and The Clean Water Act and the Constitution (Environmental Law Institute 2nd Ed. 2009), as well as textbooks for environmental law, water law, and toxic torts. She has also written more than 100 law review articles and book chapters in both legal and scientific publications.
Most who know Robin well would say she must never sleep. She has been extremely active in both the Foundation and the American Bar Association (ABA). For the Foundation, Robin has served as the co-chair of the Natural Resources Law Teachers Committee since 2017, co-chair of the Natural Resources Law Teachers Institute in 2019, 2021, and 2022, co-chair of the Water Section of the 62nd Annual Institute, and on the Programs Committee of the Foundation’s first Water Law Institute in 2021. She has spoken at Annual Institutes, Special Institutes, and Natural Resources Law Teachers Institutes.
Robin has a teaching style that is incredibly accessible to students at all levels. Although she teaches subjects involving many complex concepts and difficult regulations, she is a popular teacher with extremely positive teaching evaluations. The casebooks she has written are clear, direct, and understandable, and reflect her commitment to education. Robin’s devotion to the lives and careers of students is not limited to the classroom. She supports student groups on campus and through student activities; finds time to alert students to opportunities available to them through the Foundation, the ABA, and other organizations; talks to students about careers in natural resources; and listens to students when they need help. Robin is also widely praised in academia for her support and mentoring of other law professors throughout their careers, not only because of her leadership of groups such as the Foundation’s Natural Resources Law Teachers, but also because of the individual connections she makes and the relationships she fosters and cultivates. Robin always seems to find time to be available for others, whether a student or colleague.
Harry W. Sullivan
Harry Sullivan is an international energy attorney and negotiator. He has been actively involved at the Foundation and the Association of International Energy Negotiators (AIEN) for decades. He is a part-time Assistant General Counsel of Kosmos Energy for its West Africa exploration activities. He has also served as Senior Counsel-International for ConocoPhillips, Of Counsel with Thompson & Knight LLP, Chief Counsel-International and Senior Counsel for Atlantic Richfield Company, and Senior Counsel for Sun Oil Company. He has been a legal advisor for upstream and midstream oil and gas exploration, development, and operations in more than 25 countries. In addition to being an excellent lawyer, Harry is also a superb teacher.
Nobody is more gracious with their time than Harry. Harry has travelled around the world, from Croatia to Tanzania, to educate government officials and ministers on international oil and gas law and contracts under a U.S. Department of Commerce program. He has chaired committees that developed industry-standard model form contracts for AIEN and has taught thousands of practitioners how to draft both U.S. domestic and international oil and gas contacts. Since 2013, he has chaired or co-chaired the Short Course on International Oil & Gas Law, Contracts, and Negotiations, a two-part course offered annually over two-weeks in Houston, Texas. He has also served on the faculty for the course since 1994. In addition to those two weeks and the countless more hours organizing the course, since 2009 Harry has devoted an additional week to teach on the faculty of the Core Course on International Oil and Gas Contracts and Negotiations, which is offered each year in a different country. Harry has authored annual institute papers for the Foundation, has taught at countless contract workshops for AIEN, and has been a featured speaker on webinars for both organizations.
For more than eight years, Harry has also been an Executive Professor of Law at Texas A&M University School of Law (Texas A&M), and for nine years, he has been a Visiting Professor at Southern Methodist University Dedman School of Law (SMU). At Texas A&M and SMU, Harry has taught oil and gas law, international petroleum transactions, international oil and gas negotiations, oil and gas contracts, and advanced oil and gas contract drafting. He has also taught as an adjunct at South Texas College of Law, Texas Wesleyan University School of Law, SMU’s Cox School of Business, and the University of Texas at Arlington.
Whether in a classroom of students or a hotel conference room of practitioners from around the world, Harry has a relaxed and friendly teaching style. He makes complex legal issues and contractual provisions accessible, often “negotiating” with students or other instructors to extract important concepts. His teaching is both entertaining and interactive, and interspersed with real life stories that keep his audiences engaged. Harry has a remarkable way of communicating his incredibly deep knowledge of the industry in a simple and direct manner that advances both basic understanding and the nuance and complexity of the field.
About the Clyde O. Martz Teaching Award
Clyde O. Martz, the eighth president of the Foundation, was a professor who inspired generations of natural resources lawyers. His casebook, Cases and Materials on the Law of Natural Resources (The Development of Public Land Law in the United States), pioneered the teaching of natural resources law. Professor Martz also made critical, early contributions to the growth and stature of the Foundation, including editing the first edition of the Foundation’s multi-volume American Law of Mining. To honor those contributions, in 1993, the Trustees of the Foundation established the Clyde O. Martz Teaching Award to recognize those teachers and practitioner-scholars who have performed (either in the classroom or through nonprofit educational organizations) meritorious teaching of natural resources and energy law. Excellence in teaching performance is the primary criterion for the award, but fostering a broad understanding of the law, mentoring students, and innovative style are also considered.
AMERICAN CLEAN POWER ASSOCIATION AND THE STATE BAR ASSOCIATION OF NORTH DAKOTA ARE ADMITTED AS CONSTITUENT ORGANIZATIONS
At the Trustees Council meeting on July 20, the Trustees voted to admit the American Clean Power Association as a Constituent Industry Association, and the State Bar Association of North Dakota as a Constituent Bar Association, of the Foundation based on unanimous recommendations from the Foundation’s Credentials Committee and Board of Directors. Please welcome American Clean Power and the State Bar Association of North Dakota!
American Clean Power represents the renewable energy industry in the United States, bringing together over 1,000 member companies, 120,000 members, and a national workforce located across all 50 states, and is the leading federation of renewable energy companies. Membership at American Clean Power represents a wide variety of industry partners in manufacturing components, the operations and management, development and construction, and decommissioning and maintenance of clean energy sources, as well as utilities, financers, and many others. The General Counsel of American Clean Power, Gene Grace, will serve as the initial Constituent Organization Trustee on the Foundation’s Trustees Council.
Founded in 1899, the State Bar Association of North Dakota (SBAND) has 3,000 plus members and is the official state-wide organization of lawyers in North Dakota. It is the oldest unified state bar association in the United States, with a mission to promote justice and to serve the lawyers and other people of North Dakota. SBAND has served the legal community, including practitioners in oil, gas, coal, mining, wind, and environmental law, for more than 120 years. Numerous North Dakota lawyers serve the mining and energy industries in North Dakota, and as the energy industry has grown, so has the presence of the industry within SBAND. North Dakota currently is the third largest oil producing state and produced over 41 million megawatt hours of electricity in 2019. Many members of SBAND are members of the Foundation and participate in Foundation programs.