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“Because my practice involves handling transactional and regulatory work, as well as litigation, I have a 360-degree perspective that allows me to anticipate issues and assist clients in addressing them in a practical, efficient manner.”

Overview

Jana Grauberger is an energy lawyer with more than 25 years of experience negotiating contracts, providing day-to-day regulatory advice and assistance, and handling administrative appeals, litigation, and arbitration matters with respect to federal offshore and state oil and gas matters and, more recently, offshore wind renewables projects. Jana drafts and negotiates purchase and sale agreements, participation agreements, joint operating agreements, production handling agreements, gathering agreements, connection agreements, transportation contracts, and other agreements related to oil and gas and pipeline development and operations. She represents traditional energy and renewables clients in connection with navigating the complex statutory and regulatory framework applicable to federal offshore energy development managed by U.S. Department of Interior subagencies BOEM, BSEE, and ONRR.

Jana began her legal career as an energy litigator, and she continues to represent clients in litigation matters in Texas and Louisiana state and federal courts and energy arbitration proceedings. Her litigation and arbitration experience is wide-ranging and includes royalty litigation, complex and multi-contract disputes, indemnity litigation, decommissioning disputes, and construction, installation, and product warranty claims. She also handles administrative appeals of BOEM, BSEE, and ONRR orders and decisions to the Interior Board of Land Appeals.

Jana is active in The Foundation for Natural Resources and Energy Law, the Institute for Energy Law, and the Women’s Energy Network. She currently serves as Program Chair for the Foundation’s 69th Annual Institute, which will be held in July 2023 in Salt Lake City, Utah. She has also served on the Foundation’s board of directors and co-chairs the recurring Federal Offshore Leasing and Development Short Course. Jana is currently Chair of the IEL Program Committee and a member of its executive committee. She is a former president of the WEN global board of directors and also the group’s Houston chapter. She is a frequent writer and presenter on energy law topics.

Prior to law school, Jana worked as a reporter for KPLC-TV in Lake Charles, Louisiana.

Talks about

#federaloffshore #energylitigation #offshorewind #carbon #energycontracts

Highlights

Insight

“Federal Court Enjoins Biden’s Social Cost of Carbon Efforts On the Basis of Negative Impact to Energy Industry and Energy Producing States”

Involvement

Served as the Global President of Women’s Energy Network (WEN) in 2020

Client Comment

“Jana has always provided excellent counsel on complex offshore energy matters both in the oil and gas space and for renewables.”

– Chambers USA Client Comment, 2023

Notable Experience

  • Successfully advised clients through the qualification process for federal wind leasing projects.
  • Handled an appeal for an energy company involving decommissioning of federal offshore wells and platforms off the coast of California.
  • Drafted and negotiated construction and operational contracts, including operating agreements, production handling agreements, platform use agreements, pipeline construction agreements, connection agreements, and gathering agreements for multiple deepwater Gulf of Mexico projects.
  • Advised oil and gas and pipeline companies with respect to assignment of onshore and offshore assets.
  • Drafted and negotiated operating agreement for onshore natural gas carbon dioxide separation facility.
  • Advised multiple oil and gas and pipeline companies in connection with bonding and decommissioning obligations for federal offshore leases and pipeline ROWs.
  • Represented companies in connection with BSEE decommissioning orders, including litigation between companies concerning liability for decommissioning costs and administrative appeals of supplemental bonding and decommissioning orders for leases, pipeline ROWs, and rights-of-use-and-easement (RUEs).
  • Represented a Fortune 100 company in connection with lawsuit involving interpretation of indemnity obligations in a pipeline assets purchase and sale agreement.
  • Arbitrated a series of warranty and construction claims in connection with a deepwater Gulf of Mexico floating production facility.
  • Represented multiple oil and gas companies in connection with warranty, construction, and installation claims involving deepwater Gulf of Mexico facilities and production equipment.
  • Drafted crude oil and gas gathering agreements and related contracts.
  • Represented multiple oil and gas and pipeline companies on day-to-day operational matters involving BOEM and BSEE, including qualification, general and supplemental bonding, assignments of leases and pipeline ROWs, responding to and administrative appeals of Incidents of Noncompliance (INCs), issues related to RUEs, unitization, Oil Spill Financial Responsibility (OSFR), Oil Spill Response Plans, and Freedom of Information Act (FOIA) requests and responses.
  • Handled federal offshore royalty appeals of orders issued by ONRR to the IBLA and advised clients with respect to a wide variety of royalty issues.

Involvement

Professional

  • Women's Energy Network – WEN Global President, 2020; WEN National Board of Directors, 2019-2021; President, Houston Chapter, 2010
  • The Foundation for Natural Resources and Energy Law – Program Chair for 69th Annual Institute, 2023; Co-Chair of Short Course on Federal Offshore Oil & Gas Leasing and Development, 2022; Board of Directors - At-Large Director, 2019-2021; Trustee, 2016-2018; Co-Chair of Short Course on Federal Offshore Oil & Gas Leasing and Development, 2018; Co-Chair of Federal Offshore Regulatory Enforcement Special Institute, 2016; Co-Chair of Oil & Gas Program for 56th Annual Institute, 2010
  • The Institute for Energy Law – Executive Committee Member; Chair of Programs Committee; Advisory Board Member
  • Tulane Center for Energy Law, Advisory Board Member

Community

  • The Foundation for the Women’s Energy Network – FWEN Board of Directors
  • Chair of WEN Charity Lunch, Houston Chapter, which raised more than $100,000 for Community Family Center's Los Niños Early Childhood Education Program, 2008

Recognition

  • Recipient of the "Women Who Mean Business" Award 2023 by Houston Business Journal
  • Chambers USA – Ranked Nationally in Offshore Energy, 2023-2024
  • The Best Lawyers in America®, 2023-2025
  • Named one of “Houston's 50 Most Influential Women” 2010 by Houston Woman Magazine

 

Credentials

Education

  • Tulane University Law School (J.D., magna cum laude, 1997)
    • Order of the Coif
    • Tulane Law Review, Senior Managing Editor
  • University of Kansas (B.S. Journalism and B.A. French Literature, 1989)

Bar Admissions

  • Louisiana, 1997
  • Texas, 2004

Court Admissions

  • U.S. Court of Appeals, Fifth Circuit
  • U.S. District Court, Southern District, Texas
  • U.S. District Court, Eastern District, Louisiana
  • U.S. District Court, Western District, Louisiana

Clerkships

  • Law clerk to the Honorable Walter F. Marcus, Jr., Associate Justice, Supreme Court of Louisiana

Presentations

  • "Federal Offshore Update," Liskow's Energy Law Seminar, October 26, 2023, Houston, TX
  • “No Summer Breeze: An Update on the Development of Offshore Wind Energy in the U.S.”, EMLF 44th Annual Institute, June 20, 2023, Charleston, SC
  • "2023 Federal Offshore Update," Liskow's Energy Webinar Series, April 13, 2023
  • "Regulatory Framework for Offshore Wind Power Projects in the Gulf," Tulane Energy Law Conference, April 7-8, 2022
  • “Setting the Legal Framework: Adjacent State Law as Surrogate Federal Law for the Outer Continental Shelf,” The Foundation for Natural Resources and Energy Law’s Short Course on Federal Offshore Oil & Gas Leasing and Development, February 15-17, 2022
  • “Panel Discussion – Joint Operating Agreements,” The Foundation for Natural Resources and Energy Law’s Short Course on Federal Offshore Oil & Gas Leasing and Development, February 15-17, 2022
  • “Current Trends in the Renewable Energy Sphere and Carbon Capture Utilization and Storage,” Liskow & Lewis CLE Seminar, December 14, 2021
  • "Federal Offshore Update," Liskow & Lewis Energy Law Seminar, October 28, 2021,
  • “Navigating Uncharted Waters: Energy Transition on the OCS," Liskow Energy Webinar Series, August, 24, 2021
  • “Federal Offshore Update," Houston Bar Association Oil, Gas & Mineral Law Section Luncheon, Houston, TX, June 24, 2021
  • “2021 Federal Offshore Update,” Liskow & Lewis Webinar, February 10, 2021
  • "Federal Offshore Update," Dallas Bar Energy Section - Review of Oil and Gas Conference, Dallas, TX, August 8, 2019
  • "Transactional Issues and Contractual Clauses," Symposium: Decommissioning From Shore to Offshore, LSU Journal of Energy Law & Resources, Baton Rouge, LA 2019
  • "Financial Assurance New NTLs," Liskow & Lewis' Federal Offshore CLE Update, Houston, TX, January 17, 2019
  • “Offshore Pipeline Issues,” Special Institute on Midstream Oil & Gas from the Upstream Perspective, Rocky Mountain Mineral Law Foundation, Houston, TX, 2018
  • “Setting the Legal Framework: Adjacent State Law as Surrogate Federal Law for the Outer Continental Shelf,” Short Course on Federal Oil & Gas Leasing and Development, Rocky Mountain Mineral Law Foundation, New Orleans, LA, 2018
  • “Developing an Energy Network—Fuel for a Career,” Panelist, 2nd National Young Energy Professionals Law Conference, Institute for Energy Law, New Orleans, LA, 2018
  • “Responsibilities and Liability of the Parties,” Joint Oil & Gas Operations and the AAPL Form 2015 Model Form Operating Agreement, The University of Oklahoma College of Law, Norman, OK 2018
  • “Structuring Oil and Gas Joint Exploration, Development and Production Operations: Contractual Joint Venture, LLC or LP,” Panelist, American Bar Association Business Law Section Meeting, New Orleans, LA, 2017
  • “Navigating the New World of BSEE Estimated Decommissioning Costs and BOEM Financial Assurance,” Liskow & Lewis Lunch Forum, Houston, TX 2016
  • “Federal Offshore Update,” Liskow & Lewis Energy Law Seminar, Houston, TX 2015
  • “Update on Gulf of Mexico Leasing, Regulatory, and Enforcement,” 28th Annual Energy Law Institute for Attorneys and Landmen, South Texas College of Law, Houston, TX, 2015
  • “OCS Federal Lease Bonding Update,” Liskow & Lewis Breakfast Forum Series, Houston, TX, 2015
  • “Federal Offshore Update,” Liskow & Lewis Oilfield Indemnity and Insurance Seminar, Houston, TX, 2014
  • “Coastal and Offshore Gulf of Mexico Update,” 27th Annual Energy Law Institute for Attorneys and Landmen, South Texas College of Law, Houston, TX, 2014
  • “Current Land and Lease Disputes in Shale Plays,” Webinar, The Institute for Energy Law, Litigation and Dispute Resolution Practice Committee, Houston, TX, 2014
  • “Regulatory Update,” Minimizing Risks in Upstream Oil and Gas Contract Management, American Leaders, Houston, TX, 2014 See Here
  • “Texas Oil & Gas Update,” Liskow & Lewis 2013 Energy Law Seminar, Houston, TX, 2013 See Here
  • “New Capacity Issues on the Outer Continental Shelf,” 1st Annual Midstream Oil & Gas Law Conference, The Institute for Energy Law, Houston, TX, 2012
  • “Regulation of Oil and Gas Operations in the Gulf of Mexico,” In-House Client Seminar, The Woodlands, TX, 2012
  • “Doing Business in the Gulf of Mexico: Staying Current in a Changing Regulatory Environment,” Liskow & Lewis Breakfast Forum Series, Houston, TX, 2012
  • “Recent JOA Disputes and Liability Issues Between Operators and Non-Operators,” Liskow & Lewis Energy Law Seminar, Houston, TX, 2011
  • “Financial Security Under Joint Operating Agreements: Are We Falling Between Two Stools,” 24th Annual Energy Law Institute for Attorneys and Landmen, South Texas College of Law, Houston, TX, 2011
  • “Assignments & Conveyances,” Dallas Bar Association Energy Law Section, Dallas, TX, 2010
  • “Lessons Learned From Recent JOA Disputes,” Liskow & Lewis Louisiana Mineral Law Seminar, Houston, TX 2008
  • “Offshore Update,” HBA Oil and Gas Mineral Law Section Luncheon, Houston, TX, 2008
  • “Don't Get Stuck With the Check When It's Not Your Dinner: Indemnity and Insurance Issues Under Joint Operating Agreements,” Rocky Mountain Mineral Law Foundation Special Institute on Oil and Gas Agreements: Joint Operations, Denver, CO 2008
  • “Texas Oil & Gas Cases Update,” Liskow & Lewis Oil & Gas Seminar, Houston, TX, 2007
  • “Joint Operations: Current Joint Operating Agreement Issues,” 20th Annual Energy Law Institute for Attorneys and Landmen, South Texas College of Law, Houston, TX, 2007

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