Shareholder
sbain@wsmtlaw.com

Stephen A. Bain specializes in environmental and natural resources law and has significant experience with government negotiations. He also has litigation experience involving oil and gas, insurance, and commercial contracts – and extensive experience in international law. Prior to joining the firm, Mr. Bain worked for two years in the Czech Republic as an advisor to the Czech Ministry of the Environment.

Representative Matters

  • Represented oil and gas, trucking and other companies in connection with claims under Clean Water Act
  • Represented mining and oil and gas companies in litigation and compliance with the Clean Air Act
  • Represented potentially responsible parties (PRPs) in negotiations over allocation of liability and remediation at contaminated sites
  • Conducted environmental audits to ensure compliance with air and water quality requirements
  • Represented companies in environmental penalty negotiations with EPA and Colorado Department of Public Health and Environment (CDPHE)
  • Responded to EPA information requests on behalf of PRPs
  • Drafted joint operating agreements for exploration projects in Indonesia, Belize, Hungary, Germany, Kazakhstan and U.S.
  • Drafted oil and gas leases, surface use, master service and other agreements for oil and gas companies
  • Represented mining companies in litigation and in connection with advice on staking and permitting mining claims
  • Represented applicants before the Colorado Public Utilities Commission and local governments on permitting, transportation, and land use
  • Represented solar panel owner in connection with Solar Power Services Agreement with Denver Museum of Nature and Science
  • Drafted operating agreements for limited liability companies
  • Litigated disputes related to commercial contracts, environmental contamination, oil and gas, insurance bad faith, quieting title, access, land use, construction, title insurance and other real property issues
  • Represented gas companies in U.S. federal qui tam litigation
  • Represented Government of Kazakhstan in U.S. federal court in dispute over payment for oil
  • Chevron USA Inc. v. Berry Petroleum Company, United States District Court, District of Colorado, Case No. 10-CV-02227 RPM (August, 2012). Judgment on Jury Verdict in favor of plaintiff client in the amount of $6.4 Million for unauthorized deductions taken from payments due under oil and gas leases.
  • Earhart v. Von Metzger, Case No. 2009CV1142. Represented Defendant Goodrich Petroleum Corporation in environmental lawsuit that was favorably settled in 2012

Publications, Presentations & Positions

  • Managing editor and contributing author of Environmental Regulation of Colorado Real Property (Bradford Publishing Company 2007 & Supplements 2009 & 2011; Colorado Bar Association, 2nd Edition 2016)
  • Taught a natural resources law seminar as a Distinguished Practitioner-in-Residence in 2007 at the University of Denver Sturm College of Law
  • Adjunct Professor of International Petroleum Law at the University of Denver Sturm College of Law (2005-2011)
  • Speaker, numerous continuing legal education seminars including "Environmental Issues in Property Development" (NBI Seminars 2002-2004); "Legal Aspects of Exporting" (Rocky Mountain World Trade Center Institute 2005); "Current Issues in Stormwater Regulation in Colorado" (Lorman Seminars 2005 and 2006) and "Land Use Law: Environmental Considerations" (NBI Seminars 2007 and 2008); "Sakhalin and Kashagan: Environmental Excuses for Taking Control of Petroleum Joint Ventures" (DU Law School 2007); "Case Studies on Pooling and Unitization" (HalfMoon Seminar 2010); "Overview of International Oil and Gas: Contracts, Customs, and Corruption" (Denver Association of Petroleum Landmen 2011); "Wyoming Land Laws: Environmental Regulation of Land" (HalfMoon Seminar 2012); "Advanced Issues in Real Estate Law: Environmental Issues - Contaminated Property Transactions" (NBI Seminar 2013); "Stormwater Legal Framework" (Colorado Environmental Partnership 2014); "Use of Easements in Oil and Gas Law (HalfMoon Seminar 2014); "Frac Law: Industry Trends and the Role of State and Local Government" (NBI Seminar 2014); "Stay On Top Of Environmental Considerations" (NBI Seminar 2015); "Environmental Regulation of Colorado Real Property" (Colorado Bar Association 2016)
  • Instructor, Business Law for International Trade (World Trade Center Denver 2002-2003)
  • Co-author, Playing at Your Own Risk: Recreational Waivers in Colorado, Reproduced by permission of the Colorado Bar Association. The Colorado Lawyer, Vol. 32, No. 8. August 2003, page 77. All Rights Reserved
  • Advisory Council of Colorado Bar Association's Environmental Law Section (2015-2017)
  • Chair of the International Law Section of the Colorado Bar Association, 2001-2002
  • Editor, Cornell International Law Journal

Stephen A. Bain


Practice Areas
  • Environmental Law
  • Oil and Gas
  • Renewable and Alternative Energy
  • Litigation
  • Mining
  • International

Education
  • J.D., Cornell Law School, 1988
  • B.A., Yale University, cum laude, 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

Professional & Community Activities
  • American Bar Association
  • Colorado Bar Association
  • Denver Bar Association
  • Western Energy Alliance
  • American Bar Foundation, Fellow
  • Human Services Inc. (Florence Crittenton Services)
  • Colorado Mountain Club Foundation (President)
  • Colorado Mountain Club (past Board Director and Member of Executive Committee)