Liskow is pleased to announce the launch of its “Energy Law This Week” podcast on the Oil & Gas Global Network (OGGN). Hosted by Liskow Shareholders Matt Jones and April Rolen-Odgen, the podcast provides insights at the intersection of law and energy focusing on the latest legal and regulatory developments shaping the energy sector. Each episode takes on a core area of oil and gas law. The topic is legal, but the approach is broad based, aimed at all actors in the industry.
Recent Episodes
Episode 10: Royalty: The Price of Production
In this episode of Energy Law This Week, hosts Matt Jones and April L. Rolen-Ogden discuss recent cases in energy law, focusing on lease disputes, surface versus mineral rights, and the complexities of royalties. They emphasize the importance of written agreements, the implications of production and post-production costs, and the legal pitfalls associated with royalty demands. The conversation highlights key rulings from the Texas Supreme Court and offers practical insights for those involved in the energy sector.
Episode 9: Navigating Bankruptcy in the Energy Sector
This episode of Energy Law This Week covers significant legal updates regarding climate change litigation and bankruptcy in the energy sector. The hosts discuss the recent Colorado Supreme Court ruling allowing Boulder to sue oil companies for climate change damages, an offshore regulatory update, and the complexities of bankruptcy types, creditor rights, and the implications of reorganization versus liquidation. They also delve into the process of acquiring assets from bankrupt entities and provide practical tips for navigating bankruptcy proceedings.
Episode 8: It Broke, It Blew Up, and It’s On Fire: How to Handle Catastrophic Response
In this conversation, Matt Jones, April Rolen-Ogden, and Michael Golemi discuss the critical steps and considerations involved in responding to catastrophic incidents. They cover initial actions, the importance of communication with government agencies, insurance notification, and the complexities of maintaining privileges and working with the root cause analysis process. The discussion emphasizes the need for careful evidence preservation and the role of experts in managing these situations effectively. The conversation concludes with practical pro tips for handling catastrophic responses.
Episode 7: There’s a Reason They Call it “Master”: Why MSA’s are Crucial to the Entire Business
In this episode of “Energy Law This Week,” hosts Matt Jones and April L. Rolen-Ogden discuss significant legal updates in the energy sector, including Colorado’s pioneering regulations on recycling frack water and a recent court decision involving the Sierra Club and the Department of Energy. John Almy then joins to delve into the importance of Master Service Agreements (MSAs) in the energy industry, exploring their role in managing contracts, risk allocation, and insurance considerations.
Episode 6: Blowout Insurance: The Most Underused Coverage?
This episode covers recent cases on the duty to market, always an ongoing issue, and the newest jurisprudence highlighting the need to update master service agreements. The team then delves into the complexities of well control insurance, (sometimes called loosely called blowout insurance), exploring its importance, coverage details, and the common pitfalls that often lead to non-pursuit of legitimate claims. The conversation highlights the nuances of these claims, the role of engineers in understanding risks and recognizing claims, and the litigation challenges that arise in the context of underground flow incidents. The hope is that through a fuller understanding of these coverages, operators and even non-ops will take appropriate advantage of coverage they have purchased.
Episode 5: Covering Your Assets: Shifting Risk Through Indemnity
This episode welcomes Liskow attorney Bill Pugh, who has handled oilfield indemnities for many decades. The discussion covers the basics of indemnities, the knock-for-knock structure often used in oil and gas, and how multi-party indemnities can quickly become as complex as a game of 4-D chess. Matt and April run through it all with Bill as well as providing a legal update on the latest cases.
Episode 4: Beginning of the Middle: Gathering Agreements
This week’s legal update includes an update on the Greenpeace trial, the latest challenges in offshore oil and gas leasing, and a glimpse into how the new Texas business courts may affect oil and gas litigation in the Lone Star State. From there, the discussion goes into gathering agreements, which are the beginning of the middle in oil and gas production, that is, the first step in midstream. These agreements involve large and long-term bets on both sides of the deal. Further, the timing of the deal can matter. Join lawyers experienced on both the drafting and litigation of these crucial but under-considered deals that are vital to getting production from wells to sales.
Episode 3: Pipelines and Protests: The Greenpeace Verdict
This episode discusses the significant legal case involving Greenpeace and Energy Transfer regarding the Dakota Access Pipeline protests. The conversation delves into the $660 million verdict against Greenpeace, the implications for free speech, the financial aspects of the case, and the role of the Standing Rock Sioux Tribe. The hosts also explore the venue of the trial, the potential for SLAPP laws, and provide practical tips for legal practitioners. Overall, the case is positioned as a pivotal moment in energy law and environmental activism.
Episode 2: Navigating Federal Offshore Waters
This conversation delves into the complexities of federal offshore issues by focusing on the jurisdictional foundation, the leasing processes, environmental regulations, and the implications of political changes on offshore operations. The discussion highlights the challenges posed by decommissioning obligations, financial assurances, and the impact of environmental concerns, particularly regarding the endangered Rice’s whale. The episode features insights from Liskow lawyer Jana Grauberger, who shares her extensive experience in the field.
Episode 1: Joint Operating Agreements: The Backbone of Upstream
This conversation provides an in-depth analysis of recent developments in energy law, focusing on climate change litigation, wastewater management, legislative updates regarding hydraulic fracking, and the intricacies of joint operating agreements (JOAs). The discussion highlights the legal implications of these topics, the importance of COPAS provisions, and the dynamics between operators and non-operators in the oil industry.
Meet Our Co-Hosts
Matt has represented businesses for nearly thirty years. His clients find oil and gas, make chemicals, finance transactions, generate power, publish books, test college athletes, transport carbon dioxide, and build helicopters, just to name a few things. He remains fascinated by the challenges they face. His job is to tell their stories – compellingly – to lay judges and ordinary jurors, and he considers it a privilege.
Matt is a founding donor and active participant in New Hope Community Development of Acadiana, an organization dedicated to educational achievement for at-risk children. He has also represented indigent defendants as well as neglected and abused children on a pro bono basis. He is a licensed private pilot.
April Rolen-Ogden | Shareholder
April L. Rolen-Ogden is a first chair trial and appellate lawyer in high stakes oil & gas matters. She has experience as a trial lawyer in both state and federal courts, as well as arbitration tribunals. She defends her trial work on appeal through her appellate practice. The array of topics she has litigated is extensive. April defends companies in high stakes commercial and energy litigation matters. She litigates traditional oil and gas disputes involving royalties, servitudes, unleased owner litigation, title disputes, property damage, statutory penalties, joint operations, oil and gas accounting, taking production in kind, the Risk Fee Statute, and complex oil and gas marketing matters. April is a member of Liskow’s Board of Directors and the leader of the firm’s Upstream Industry Group.