Legal Updates

In a unanimous decision endorsing the position argued by Welborn counsel Joe Pierzchala and Sam Bacon, the Colorado Supreme Court held that landowners next to a road own the minerals under and through to the centerline of the road, unless the seller expressed a different intent in the conveyance. Colorado law has long recognized the […]

The Welborn litigation team of Sam Bacon, Brian Tooley, David Hrovat, and Anthony Roeber prevailed in a marathon jury trial spanning two months this past fall.  Welborn represented the plaintiffs, which were two non-operators of an oil lease outside Bakersfield, California.   They alleged that Aera Energy, which was jointly owned by ExxonMobil and Shell, had […]

On December 12, 2023, the Colorado Supreme Court heard oral argument in Great Northern Properties LLLP v. Extraction Oil and Gas Inc. et al., 2022SC805, about whether the centerline presumption applies to minerals in Colorado.  This type of dispute arises when an owner conveys property next to a right-of-way—like a road, path, or railroad—without expressly […]

Landowners Next to Roads Get Big Win

On September 15, 2022, the Colorado Court of Appeals resolved a question that has circulated in the title community in Colorado for years by clarifying that the centerline presumption applies to mineral interests beneath a dedicated right-of-way. Great Northern Properties, LLLP v. Extraction Oil & Gas, Inc., 2022 COA 110, ¶ 1. The centerline presumption, […]

On June 2, 2022, the Colorado Power Pathway (the “Pathway”) was approved by the Colorado Public Utilities Commission (CPUC) as to all five planned segments, in an Order that determined the project is necessary and in the public interest.[1]  The Pathway is a multi-billion dollar grid investment that will consist of roughly 600 miles of […]

READING BETWEEN THE LINES: IS NOTICE REQUIRED PRIOR TO RECORDING AN OIL AND GAS LIEN?[1] As the oil and gas industry continues to experience some financial volatility caused by the COVID-19 pandemic, it is as important as ever that parties providing supplies or labor stay apprised of their rights to ensure they receive payment.   Part […]

On May 20, 2021, the North Dakota Supreme Court held that the following “free of cost, in the pipeline” oil royalty provision sets the point of valuation at the well: To deliver to the credit of the Lessor, free of cost, in the pipeline to which Lessee may connect wells on said land, the equal […]

Wyoming is anticipating a number of new utility scale solar projects in the coming years citing increased interest from developers. To support this development, the Wyoming Energy Authority, Renewable Energy Coordination Committee recently published the Guide to Permitting Solar Energy Projects in Wyoming (the Guide). The Guide explains permitting authority and development considerations at the […]

Cryptocurrency[1] has become increasingly popular since the creation of the first cryptocurrency, Bitcoin, in 2009.  In the years following the creation of virtual currency, federal agencies and federal courts have struggled to maintain consistency in how cryptocurrency should be classified and regulated.  In the meantime, interest in the cryptocurrency market has only increased, which has […]

On January 27, 2021, President Biden signed an executive order (EO) on “tackling the climate crisis.” This EO has received a lot of attention for its provision (§208) “pausing” federal oil and gas leasing. What also deserves attention was the direction (§216) for a plan “to achieve the goal of conserving at least 30 percent […]

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