Anthony
Anthony "Tony" Marino
Shareholder, New Orleans
Hancock Whitney Center
701 Poydras Street
Suite 5000
New Orleans, Louisiana 70139

Overview

Tony Marino is experienced in a wide range of onshore and offshore energy related transactions and regulatory matters. Tony’s transactional practice is concentrated generally on matters involving the acquisition and divestiture of mineral properties, energy related financings, the negotiation and performance of agreements related to the exploration, development and production of oil and gas, and mineral title examination. His regulatory practice is focused on matters relating to mineral leases, including those located onshore Louisiana, in Louisiana state waters and in federal waters of all regions of the Outer Continental Shelf.  He has represented numerous energy producing companies before the (i) Bureau of Ocean Energy Management; and (ii) Bureau of Safety and Environmental Enforcement (collectively the federal agencies were formerly known as the Minerals Management Service) in the Pacific, Gulf of Mexico, and Alaska OCS Regions, Department of the Interior, Interior Board of Land Appeals, and other regulatory agencies concerning a variety of matters such as plugging and abandonment liability, bonding, oil spill financial responsibility, royalty valuation, royalty relief, and incidents of non-compliance. Tony is also an Adjunct Professor teaching the Mineral Law Course at the New Orleans Loyola University School of Law. 

A selection of Tony’s recent representative matters include:

  • Numerous representations of small and large independent oil and gas companies in acquisitions of oil and gas leases located in the Gulf of Mexico, Alaska and Pacific Outer Continental Shelf Regions
  • Successful negotiations between small and large independent companies and the Bureau of Ocean Energy Management, Gulf of Mexico and Pacific OCS Regions, to ensure abandonment and decommissioning liabilities for leases and rights-of-way were addressed and that proper funding to secure such liabilities were established and maintained.
  • Representation of two international oil and gas companies in connection with its acquisition of over 200 Outer Continental Shelf and deepwater leases located in the Gulf of Mexico in two separate deals with a value of $2 billion and $5 billion, respectively.

Experience

  • Advice to and consultation with small and large independents and with federal and state agencies for the decommissioning of platforms for rigs to reef programs
  • Advice to industry with regard to, and supporter of, the Offshore Program of the Bureau of Ocean Energy Management, including serving on the then Minerals Management Service Gulf of Mexico Advisory Focus Group
  • Representation of large and small independents in connection with the following matters:
    • Royalty reduction and royalty relief issues with the Bureau of Ocean Energy Management in the Gulf of Mexico Region, Outer Continental Shelf
    • Lease acquisitions, operations, and bonding/financial assurance and decommissioning with the Bureau of Ocean Energy Management in the Gulf of Mexico, Alaska and Pacific Regions, Outer Continental Shelf
    • Oil spill financial responsibility and compliance with applicable rules and regulations with the Bureau of Ocean Energy Management in the Gulf of Mexico and Pacific Regions, Outer Continental Shelf
    • Oil spill response plans with the Bureau of Safety and Environmental Enforcement in the Gulf of Mexico Regions, Outer Continental Shelf
    • Re-injection and cogeneration facilities in the Pacific OCS Region
  • Representation of small independent oil and gas companies before various state and federal regulatory agencies, such as:
    • Interior Board of Land Appeals concerning suspension of operations (SOO's), suspension of production (SOP's), incidents of non-compliance (INC's), and assessments of civil penalties
    • Office of Natural Resources Revenue, the Department of the Interior, concerning royalty valuation issues before the
    • Louisiana Commissioner of Conservation, the State Mineral and Energy Board and other related state agencies concerning unitization, permitting, and various regulatory issues
  • Representation of lenders and borrowers in connection with major mezzanine financings of oil and gas properties
  • Representation of operators and non-operators in disputes relating to joint operations, including responsibilities and standards of performance, area-of-mutual interest, consent to assign, and preferential right to purchase and option rights.
  • Representation of oil and gas companies in the drafting and negotiation of various oil and gas related agreements, such as drilling contracts, master service agreements, farmout and farmin agreements, operating agreements, participation agreements, like-kind exchange agreements, joint venture agreement, production handling agreements, platform use agreements.
  • Representation of parties in commercial real estate transactions, including sales and leasing, tax sales and adjudications of real property, including confirmations and quieting title, and formation of corporations, partnerships, and limited liability companies.
  • Representation of succession representatives and heirs for the orderly distribution of estate assets.

Tony has served as Special Oil & Gas Regulatory Counsel in numerous Chapter 11 bankruptcy proceedings, such as:

In re: ATP Oil & Gas Corporation, Case No. 12-36187, USBC SDTX., Judge Marvin Isgur.

In re: Black Elk Energy Offshore Operations LLC, Case No. 15-34287, USBC SDTX, Judge Marvin Isgur.

In re: Pacific Energy Resources Ltd, et al, Case No. 09-10785, USBC DE, Judge Kevin Carey.

In re: RAAM Global Energy Company et al, Case No. 15-35615, USBC SDTX, Judge Marvin Isgur.

In re: Northstar Offshore Group LLC, Case No. 16-34028, USBC SDTX, Judge Marvin Isgur.

In re: Memorial Production Partners, LP, et al, Case No. 17-30262, USBC SDTX, Judge Marvin Isgur.

In re: Cobalt International Energy Inc., et al, Case No. 17-36709 (MI), UCBC, SDTX, Judge Marvin Isgur.

In re: Virgin Oil, Inc., Case No. 09-11899, USBC EDLA, Judge Elizabeth Magner.

Tony has served as an expert witness for defendant, Halliburton Energy Services Inc. on Bureau of Ocean Energy Management regulatory issues in the matter of W&T Offshore, Inc. vs. Hat Creek Energy, LLC and Halliburton Energy Services, Inc., Case No. 4:17-CV-00097, USDC SDTX, Judge Melinda Harmon.

Tony has also served as Lead counsel in Interior Board of Land Appeals (“IBLA”) challenging denials of suspension of production application in the following:

DCOR, LLC, IBLA No. 2017-28, appealing a decision by Bureau of Safety and Environmental Enforcement, Pacific Region, determining the expiration of OCS Leases in connection with a suspension of production application [Appeal Pending]; and

Union Pacific Resources Co., Levinson Partners Corp., 149 IBLA 294 (1999), affirming a decision by the Minerals Management Service, Regional Director, Gulf of Mexico, denying a request for a retroactive suspension of production

Involvement

  • Louisiana State Bar Association
  • American Association of Professional Landmen
  • Energy Bar Association, Board Member 2005-2006
  • Petroleum Landmen's Association of New Orleans; Board Member 1999-2000
  • Houston Association of Professional Landmen

Recognition

  • American Association of Professional Landmen, APEX Education Award, 2000, 2005
  • Minerals Management Service, Pacific OCS Region, Corporate Leadership Award, 2004

Presentations

Tony has presented on a wide variety of energy related topics to the oil, gas and energy industry. He has made presentations to such organizations as the American Association of Professional Landmen, the Professional Landmen's Association of New Orleans, the Houston Association of Professional Landmen, the West Coast Landmen's Institute, the Society of Petroleum Evaluation Engineers, New Orleans, Louisiana and Santa Monica, California Chapters, and Gulf States Petroleum Exhibition & Conference, Inc. 

His recent presentations include the following: 

  • “Looking into the NTL Crystal Ball on Financial Assurance & Third Party Guarantee Issues” PLANO, New Orleans, Louisiana, September 9, 2018.
  •  “Ethical Hazards of Texting: Lessons to be Learned” Rocky Mountain Mineral Law Foundation Federal Offshore Oil & Gas Leasing and Development, New Orleans, Louisiana, April 10-12, 2018.
  • “Ethical Issues for Oil & Gas Lawyers and Landmen” Rocky Mountain Mineral Law Foundation Federal Offshore Oil & Gas Leasing and Development, New Orleans, Louisiana, April 10-12, 2018.
  •  “Decommissioning and Financial Assurance Issues from the Bankruptcy Lens” DecomWorld 2018 Summit, Houston, Texas February 20-21, 2018.
  • “BOEM Notice to Lessees 2016 N01 Financial Assurance”, Chair Regulatory/Compliance Module, Institute for Energy Law, 69th Annual Oil & Gas Conference, Houston, Texas, February 15-16, 2018.
  • “EPA and Offshore Oil and Gas Regulation in the US” presented for Brazilian Delegation/LSU 2017.
  • Update on Developments: OCS DECOMMISSIONING OBLIGATIONS- BOEM NTL No. 2016-N01 REQUIRING ADDITIONAL FINANCIAL SECURITY,” In-house industry presentation, Houston, Texas, 2017.
  • “MINERAL RIGHTS: CURRENT ISSUES & LEGAL CONCERNS: Identifying Rights, Duties & Risks in Contracts, Leases & Agreements,” National Association of Royalty Owners, New Orleans, Louisiana, 2016.
  • “Oil & Gas Restructurings and Bankruptcies: OCS Considerations,” PLANO Oil & Gas Seminar, New Orleans, Louisiana, 2016.
  • “Bonding and Other Financial Securities Updates in the Gulf of Mexico,” PLANO, New Orleans, Louisiana, 2015.
  • “ATP Bankruptcy: Implications for the Oil and Gas Industry,” 2014 ABA CLE Webinar [national presentation].
  • ABA CLE Webinars: Speaker and Moderator, "Post Macondo Gulf of Mexico and Shale Gas Exploration Challenges and Opportunities"; "Mineral Law Issues for the Non-Oil and Gas Lawyer" (2013); and "Bankruptcy Considerations for the Oil and Gas Industry" (2014); and “Analyzing Potential Bankruptcies in the Oil and Gas Industry– Analyzing Distress in this Important Sector of the American Economy” (2015).  [national presentations].
  • AAPL Professional Ethics, Presented at the 2015 West Coast Landmen's Institute, September 23, 2015.
  • BP Oil Spill Update and Reflections: 2015, Professional Development Seminar 2015, September 16, 2015.
  • Potential Bankruptcies in the Oil and Gas Industry: Analyzing Distress in this Important Sector of the American Economy, American Bar Association, June 12, 2015.
  • Things to Think About as Prices Remain Low: Legal, Contracts and Litigation, PLANO Executive Night Seminar, April 16, 2015.
  • Oil & Gas Licensing, The OCS System, presented at the LSU Law Center, March 12, 2015.
  • Bonding and Other Financial Securities Updates in the Gulf of Mexico, Presented to the Professional Landmen's Association of New Orleans, January 21, 2015.
  • Well Stimulation Techniques on the OCS, Presented at the 2014 West Coast Landmen's Institute, October 22, 2014.
  • Supplemental Bonding and Decommissioning Requirements, Presented at the LORMAN Emerging Louisiana Legal and Land Issues on the Outer Continental Shelf Seminar, March 18, 2014.
  • BOEMRE's SEMS II: Key Compliance Points for the New Rules, ABA Section of Energy Litigation Summer, Vol. 11, No. 3, September 26, 2012.
  • “Recent Legislation, Litigation and Regulations Impacting OCS Operations,” AAPL Gulf Coast Institute, New Orleans, Louisiana 2013.BOEMRE's SEMS II: Key Compliance Points for the New Rules, ABA Section of Energy Litigation Summer, Vol. 11, No. 3, September 26, 2012.
  • Curing Title Deficiencies and Defects: from the Handshake to Closing, Presented at the 2008 AAPL Gulf Coast Land Institute on October 16, 2008.
  • OCS Title and Current MMS Regulatory Matters, Presented at the 55th Mineral Law Institute on March 27, 2008.
  • MMS Update 2007, Presented at the AAPL Gulf Coast Land Institute on October 11, 2007.
  • Ethics for the Oil and Gas Lawyer and Landman in Confecting the Deal, Presented for PLANO on April 19, 2007.
  • Professionalism for the Landman and Mineral Lawyer, Presented at PLANO's 2006 Fall Seminar on November 30, 2006.
  • MMS Update, Presented at the 24th Annual West Coast Landmen's Institute on November 9, 2006.
  • OCS Update, Presented at the 23rd Annual West Coast Landman's Institute on September 21- 23, 2005.
  • Deal Formation Issues and Principles of Negotiations in the Oil and Gas Industry, Presented through Lorman Educational Services on March 15, 2004.
  • MMS UPDATE: Bonding, Royalty Valuations and Other Monetary Issues, Presented at the 21st Annual West Coast Landman's Institute on October 10, 2003.
  • Law of Servitudes: Legal Issues and Practical Considerations in Louisiana, Presented through Lorman Education Services on November 12, 2002.
  • Current Status of Outer Continental Shelf Issues, Presented at the 20th Annual West Coast Landmen's Institute on November 7, 2002.
  • Ethics in a Dysfunctional Environment, Presented at the PLANO Fall Seminar on October 15, 2002.
  • Ethics: A Landman's Dilemma in Confecting the Deal, Presented at a seminar hosted by PLANO on December 10, 2001.
  • A Unique Approach to Surface Restoration and Implied Obligations, Article prepared for the November, 2001 PLANO Newsletter.
  • Legislative Update on Rigs-to-Reefs, Presented at the 18th Annual West Coast Landman's Institute on September 27-29, 2000.
  • Landman and Mineral Lawyer, Presented at PLANO's Fall Seminar on December 8, 2000.
  • Becoming Fluent in Plain English: Understanding the Proposed Outer Continental Shelf Lease Form, Presented at the 30th Annual HAPL Workshop on April 14, 1999.
  • Ethics: It's a Good Thing! A Comparative Review of the AAPL Code of Ethics and Legal Ethics Under the Rules of Professional Conduct, Presented at the PLANO 7th Annual Seminar, January, 1996.
  • The Royalty Fairness Act and Other Simple Measures to Reduce Federal Royalty Liability; Oh What a Relief It Is? Presented at the West Coast Landmen's 15th Annual Seminar on May 7-8, 1997.
  • Offshore Drilling and Service Contracts, an in-house presentation to Murphy Exploration & Production Co. on May 5, 1997.
  • Minerals Management Service Update, Presented at PLANO Seminar, July, 1994.

Publications

  • Anthony C. Marino & C. Jacob Gower, “Oil & Gas Leasing and Development on the Outer Continental Shelf of the United States” 4 LSU J. of Energy Law & Resources (2015).
  • Anthony C. Marino & Lynn G. Wolf, “2016 Developments in Energy Regulatory Practices: BOEM NTL No. 2016-N01 Requiring Additional Financial Security”, ABA Environment, Energy, and Resources Law: The Year in Review 2016.