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Brian S. Tooley

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btooley@wsmtlaw.com

Mr. Tooley specializes in complex civil litigation, including arbitrations, trials and appeals.  Mr. Tooley has experience litigating and arbitrating a wide range of contract disputes and business torts involving real property, mineral rights, corporate law, construction claims, oil and gas, employment, insurance coverage, professional malpractice, trade secrets, Federal, state and Indian oil and gas royalty audits, and commercial and real property transactions.

REPRESENTATIVE MATTERS

Joint Ventures and Development Agreements

  • Riviera Drilling & Exploration Co. v. Gunnison Energy Corp., et al., 412 Fed.Appx. 89 (C.A.10 2011) (exploration corporation’s antitrust action dismissed against energy companies). San Juan Basin Consortium, Ltd v. Enervest San Juan Acquisition Limited Partnership, 67 F. Supp.2d 1213 (D. Colo. 1999) (treatment of Section 29 tax credits in determining payout for reversionary back-in interests in oil and gas properties).
  • Edwards Energy Corp. v. Texaco Exploration and Production, Inc., U.S. Dist. Colo. , Case No. 02-MK-0893 (2002)(dispute over joint venture agreement, title, accounting and back-in working interests).
  • Enerplus Resources (USA) Corp. v. Slawson Exploration Company, Inc., AAA case 77 198 00189 06 MAVI) (2006) (arbitration concerning area of mutual interest covering Bakken play in Montana).

Title, Trespass, and Lease Termination

  • Schares v. Renegade Oil & Gas Co., L.L.C., 2008 WL 4292664 (Colo. App. 2008), cert denied, 2009 WL 1041496 (Colo. 2009) (obtained dismissal of surface owner trespass claim and an award of attorney fees against surface owner, affirmed on appeal).
  • Rock Creek Ranch, Ltd. v. Riviera Drilling and Exploration, Co., 2010 WL 3036515 (Colo. App. 2010) (obtained judgment for landowner terminating oil and gas lease for failure to timely develop and an award of attorney’s fees against operator, affirmed on appeal);
  • Comet Energy Services, LLC v. Powder River Oil & Gas Ventures, LLC, 239 P.3d 382 (Wyo. 2010)(cleared title to oil and gas leasehold interests purchased at auction)
  • Newton v. Morrison, 2009 WL 1555447 (Colo. App. 2009) (trial after remand establishing ownership of disputed minerals).

Drilling Operations

  • Golden Eagle Exploration, LLC v. Weatherford U.S., L.P., Case No. 0707-119, Grand County, Utah (2007) (multi-million dollar claims arising out of failure to properly hang liner, leading to cementation of drill pipe and four months of milling and fishing operations).
  • Petrogulf Corporation v. Northern Production Co., Inc., Case No. 03CV1762, Denver District Court, 2003) (claims against drilling contractor for dropping over 4,000 feet of tubing which caused it to cork screw and destroy the well).
  • J.W. Gibson v. Murfin Drilling Co., Case No. 98 S 2183, Denver District Court (1998) (claims against drilling contractor for negligence and breach of contract involving, lost mud circulation, failure to pull up drill string and stuck drill pipe).

Construction

  • Scott Company of California v. M.K. Ferguson, 832 P.2d 1000 (Colo. 1991) (favorable jury verdict for subcontractor who installed pipe system for Anheuser-Bush Brewery in Fort Collins due to delay impacts and overruns attributable to defects in designs and specifications, settled after appeal and remand).
  • Reef USA Fund III v. Macerich Management Co., Denver District Court (1989) (represented Property Manager of Southglenn Mall in claims between owner, contractors, suppliers and tenants relating to the disturbance of asbestos during mall renovation).
  • DIA construction claims. Represented various clients on bid protests, payment claims and contract disputes in connection with the construction of Denver International Airport.

Royalty Disputes

  • Rogers v. Westerman Farm Co, 986 P.2d 967 (Colo. App. 1998), rev’d and remanded 29 P.3d 887 (Colo. 2001) (defended royalty underpayment claims involving 223 natural gas well in Yuma County, Colorado. After favorable jury verdict and court of appeals decision, favorably settled after Colorado Supreme Court remanded for new trial).
  • Mountain West Exploration, Inc. et. al. v. Evergreen Resources, Inc., Case No. 02CV8854, Denver District Court (2002) (Defense of multi-million dollar class action lawsuit for alleged underpaid royalties, successfully settled during class certification proceedings).
  • Federal, State and Indian Royalty Audits. Represented numerous clients in defending royalty audits by MMS, State of Colorado and Indian Tribes.

Surface Use and Lease Disputes

  • Steiner v. Pioneer Natural Resources (USA) Inc., Case No. 03CV143 (Las Animas County District Court, 2003) (injunction enjoining surface owners from interfering with access, surface use and operations).
  • Petrogulf Corp. v. Arco Oil & Gas Co., 92 F. Supp. 2d 111 (D. Colo. 2000) (Dispute over the location and drainage of gas well drilled on fee lands within Southern Ute Indian Reservation).
  • United Dairy Farmers, Inc. v. BP American Production Co., Civil Action No. 06CV02536, U.S. Dist. Colo. (2006) (Claim for breach of implied covenant to protect against drainage).

Mining

  • Utah Energy Corp. v. Lammert, Civil No. 0807-59, San Juan County, Utah (2009) ( title and partnership dispute over uranium mining claims near Moab, Utah).
  • Western Hog Ranch v. Western Mining Corporation, U.S. Dist Nev. (1999) (dispute over operations of gold mine in Nevada)
  • Bar Nothing Ranch, L.L.C. v. Febraro Construction Company, Las Animas County, Colo. (Claim by owner over gravel pit operations, accounting and termination of gravel pit lease)
  • Represented numerous clients concerning validity and disputes over mining claims and mining operations.

Government Action and Inaction

  • Western Energy Alliance v. Salazar, (Wyo. 2011)(judgment requiring Secretary of Interior to make lease issuance decisions within 60 day period mandated by Congress under the Mineral Leasing Act).
  • SG Interests v. Board of County Commr's of Gunnison County, Colorado (Gunnison County District Court, 2011) (challenge to legality of county oil and gas regulations and preemption of local regulations after COGCC’s overhaul of state oil and gas regulations).
  • Wimmer v. City of Aurora, Civil Action No. 96-N-1547 (D. Colo. 2006) (jury verdict against City of Aurora, Aurora Chief of Police, individually, and Aurora Deputy Chief of Police, individually, under American with Disabilities Act and outrageous conduct claims).

PUBLICATIONS, PRESENTATIONS & ACCOLADES

  • Board of Directors, Independent Petroleum Association of Mountain States, 2001-2007
  • Secretary, Independent Petroleum Association of Mountain States, 2001-2005
  • Member, Energy and Natural Resources Litigation Committee, American Bar Association, 2001-2002
  • Co-author of "The Marketable Product Approach in the Natural Gas Royalty Case," 44 Rocky Mt. Min. L. Inst. 21-1 (1998)
  • Selected for inclusion in Colorado Super Lawyers in the area of Civil Litigation Defense (2010, 2011, 2012)
  • Av rated by Martindale Hubbell
  • Adjunct Professor of Oil and Gas Law at the University of Denver Law School (1998)
  • Member of the Natural Resources Litigation Section of the American Bar Association
  • Phi Beta Kappa Society
  • Frequent Lecturer, various continuing legal education seminars, professional associations, and University of Denver School of Law

Personal

Mr. Tooley was born March 14, 1962. He is married with two children and has been a member of the Dale Tooley Cancer Research Laboratory since 1995.

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Practice AREAS
  • Complex Commercial Litigation
  • Trial
  • Appeals
  • Oil and Gas
EDUCATION
  • J.D., University of Colorado at Boulder, Order of the Coif, 1988
  • B.A., University of Colorado at Boulder, with distinction, 1984
 
BAR ADMISSIONS / QUALIFICATIONS
  • Colorado, 1988
  • U.S. District Court, District of Colorado
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Court of Federal Claims
  • South Ute Indian Tribal Court
Professional & Community Activities
  • American Bar Association
  • Colorado Bar Association
  • Denver Bar Association