Brent D. Chicken
Of Counsel
(303) 389-4364
Office: Denver
Energy
Business
Employment
Litigation
J.D. University of Denver
B.S. Florida State University
Licensure: CO | MT | ND | UT | WY
See Education

Biography

Brent is an experienced natural resources attorney with extensive knowledge of the challenges faced by exploration and production, midstream and downstream operating in the energy industry. He regularly represents his clients in complex commercial litigation disputes, business transactions, administrative/regulatory law and procedure, and title examination matters. In his litigation practice, Brent frequently defends his clients’ interests in the courtroom, in arbitration and in mediation related to various mineral matters, including constitutional, contract and real property issues. For his clients that are undertaking transactions, he provides guidance on title, due diligence and contractual issues during the purchase and sale of oil and gas properties involving mixed fee, state, federal and tribal rights, and prepares accompanying sale, indemnity, surface use and subsurface penetration agreements.

In the regulatory realm, Brent advocates for his clients before various state and federal oil and gas agencies, prepares and presents applications for well spacing, well density, rule exemptions and statutory pooling, undertakes administrative appeals of negative agency decisions, and defends application protests.

Additionally, Brent regularly prepares comprehensive drilling, division order and acquisition mineral title opinions involving fee, state, federal and tribal lands. These include, but are not limited to, specialty opinions involving natural gas storage units, solution mining and “gob gas” areas. Brent also routinely counsels clients in tackling title curative matters, including negotiating and drafting varied mineral and surface title instruments.

Prior to joining Steptoe & Johnson, Brent was a partner at a large national oil and gas and two Denver-based energy firms, focusing on natural resources litigation, oil and gas transactions, administrative and regulatory matters and title examination due dililgence.

Work Experience

2018 Steptoe & Johnson PLLC
2014-2018 Fox Rothschild LLP
2011-2014 Burleson LLP
2006-2011 Beatty & Wozniak, P.C.
2003-2006 Poulson, Odell & Peterson, LLC

Speaking Engagements

PRESENTATION: "Anatomy of a Title Opinion" National Association of Division Order Analysts Annual Meeting, November 2017

ARTICLE: "Field Landman Question of the Month: Landman vs. Attorney Ethics" The Rocky Mountain Landman, Vol. 35, Issue 2, Denver Association of Petroleum Landmen, September 2017

PANELIST: "Acquisitions & Divestitures Finance Panel" American Association of Professional Landmen Annual Meeting, June 2017

MODERATOR: "Oil & Gas Agreements: Surface Use in the 21st Century" Rocky Mountain Mineral Law Foundation Special Institute, May 2017

PRESENTATION: "Anatomy of a Title Opinion" National Association of Division Order Analysts, Spring 2017 Webinar Series, April 2017

PRESENTATION: "North Dakota's 'Statutory JOA': Rights, Obligations and Liabilities of Operators and Non-Operators" National Association of Division Order Analysts, Spring 2017 Webinar Series, March 2017

PRESENTATION: "The Model Form JOA - An Overview and Legacy Considerations" Denver Association of Petroleum Landmen, Spring Speaker Series Luncheon, March 2017

ARTICLE: “Field Landman Question of the Month: Bankruptcy Sale PSA Terms” The Rocky Mountain Landman, Vol. 34, Issue 5, Denver Association of Petroleum Landmen, December 2016

PRESENTATION: “The Model Form JOA – An Overview and Considerations in Light of Modern Development” Natural Association of Division Order Analysts Annual Meeting, September 2016

MODERATOR: “Plugging the Financial Well: Coping with Customers and Competitors in Bankrutpcy” Fox Rothschild, LLP/Crescent Point Energy U.S. Corp. Joint Industry Presentation, August 2016

ARTICLE: “Field Landman Question of the Month: Offsetting of Non-Operator’s Costs Against Production” The Rocky Mountain Landman, Vol. 33, Issue 8, Denver Association of Petroleum Landmen, May 2016

ARTICLE: “Field Landman Question of the Month: Assignment of Rights vs. Delegation of Duties” The Rocky Mountain Landman, Vol. 33, Issue 6, Denver Association of Petroleum Landmen, February 2016

ARTICLE: “Field Landman Question of the Month: Overriding Royalties in Bankruptcy” The Rocky Mountain Landman, Vol. 33, Issue 2, Denver Association of Petroleum Landmen, September 2015

CO-CHAIRMAN: “Enhanced Oil Recovery: Legal Framework for Sustainable Management of Mature Oil Fields” Rocky Mountain Mineral Law Foundation, Special Institute, May 2015

PRESENTATION: “North Dakota’s ‘Statutory JOA’: Rights, Obligations and Liabilities of Operators and Non- Operators” IMA Corp., Industry Presentation, April 2015

ARTICLE: “Field Landman Question of the Month: Operator Payment of Leasehold Royalty Under Model Form JOA” The Rocky Mountain Landman, Vol 32, Issue 8, Denver Association of Petroleum Landmen, March 2015

PRESENTATION & ARTICLE: “Oil and Gas Title Law” National Business Institute CLE, February 2015

PRESENTATION: “North Dakota’s ‘Statutory JOA’: Rights, Obligations and Liabilities of Operators and Non- Operators” Denver Association of Petroleum Landmen, Fall Land Institute, November 2014

ARTICLE: “Field Landman Question of the Month: Operator Cost Recovery in ND” The Rocky Mountain Landman, Vol. 32, Issue 4, Denver Association of Petroleum Landmen, November 2014

PRESENTATION: “Subsurface Trespass and Pore Space Issues Associated with Horizontal Drilling in the Rockies” Colorado Bar Association, Natural Resources and Environmental Section Monthly Luncheon, November 2014

ARTICLE: “Field Landman Question of the Month: Term Mineral Interests” The Rocky Mountain Landman, Vol. 31, Issue 10, Denver Association of Petroleum Landmen, May 2014

PRESENTATION: “Negotiating Oil and Gas Farmout Agreements” National Business Institute CLE, December 2013

ARTICLE: “Navigating and Negotiating the Farmout Agreement” National Business Institute CLE, December 2013

ARTICLE: “Oil and Gas Agreements: Key Provisions and Negotiating Points in Farmout, Farmin and Joint Operating Agreements” National Business Institute CLE, November 2013

PRESENTATION: “Oil and Gas Agreements: Key Provisions and Negotiating Points in Farmout, Farmin and Joint Operating Agreements” National Business Institute CLE, November 2013

CHAIRMAN: “Infocast Emerging Oil and Gas Plays – Americas” Infocast Emerging Oil and Gas Plays – Americas, October 2013

MODERATOR: “Landman’s Perspectives on Leasing Acreage in Early Stage Plays” InfoCast Emerging Oil and Gas Plays – Americas, October 2013

MODERATOR: “Investing in Emerging and Early Stage Plays” InfoCast, Emerging Oil and Gas Plays – Americas, October 2013

ARTICLE: “Chapter 5 – Records and Instruments Required for Title Examination” Landman’s Legal Handbook: A Practical Guide to Mineral Leasing, 5th ed. 2013, Rocky Mountain Mineral Law Foundation, August 2013

PRESENTATION: “Oil and Gas Law Update” National Business Institute CLE, November 2012

PRESENTATION: “Subsurface Trespass and Pore Space Issues Associated with Horizontal Drilling in the Rockies” Utah Association of Petroleum Landmen Monthly Lunch Meeting, October 2012

MODERATOR: “Midstream Perspectives of Pipeline Build-out in the Bakken Shale” Infocast Third Annual Bakken Infrastructure Finance & Development Summit, October 2012

MODERATOR: “Investment Opportunities in the Bakken” Infocast, Third Annual Bakken Infrastructure Finance & Development Summit, October 2012

PRESENTATION: “A.A.P.L. Form 610-1989 JOA – Article III Workshop” Denver Association of Petroleum Landmen, Golf & Education Event, July 2012

PRESENTATION: “Subsurface Trespass and Pore Space Issues Associated with Horizontal Drilling in the Rockies” Denver Association of Petroleum Landmen Meeting, Fall Luncheon Series, September 2011

ARTICLE: “Subsurface Trespass and Pore Space in Colorado” The Rocky Mountain Landman, Vol. 29, Issue 1, Denver Association of Petroleum Landmen, September 2011

PRESENTATION: “Emerging Pore Space Issues Related to Horizontal and Directional Drilling” Anadarko Petroleum Corporation, Lunch N’ Learn Seminar, February 2011

ARTICLE: “Horizontal Drilling and Pore Space Ownership” Beatty & Wozniak, P.C. Newsletter, Vol. II, Issue 8, Beatty & Wozniak, P.C., September 2010

ARTICLE: “Implied Duty of Reasonable Ownership” Beatty & Wozniak, P.C., Newsletter Vol. I, Issue 6, Beatty & Wozniak, P.C., July 2009

ARTICLE: “The Attorney-Client Privilege and Mineral Title Opinions” Beatty & Wozniak, P.C., Newsletter Vol. I, Issue 5, Beatty & Wozniak, P.C., June 2009

ARTICLE: “Colorado Royalty Payment and the Unclaimed Property Act” The Rocky Mountain Landman, Vol. 26, Issue 7, Denver Association of Petroleum Landmen, March 2009

ARTICLE: “Probate Conveyances in Colorado” The Rocky Mountain Landman, Vol. 26, Issue 5, Denver Association of Petroleum Landmen, January 2009

ARTICLE: “Can County Laws Preempt State and Federal Laws on Oil and Gas Regulation?” The Outcrop, Vol. 57, No. 3, Rocky Mountain Association of Geologists, March 2009

ARTICLE: “Legal Description Basics” Mineral Law Series, Vol. 2007, Paper 4, Rocky Mountain Mineral Law Foundation, September 2007

PRESENTATION: “Describing Blackacre: Land Description Basics” Rocky Mountain Mineral Law Foundation, Special Institute, September 2007

Key Experience

Regulatory/Administrative
Advised multiple clients on the full scope of regulatory requirements and procedures for the conduct of oil and gas operations in Montana, the necessary filings with the Montana Board of Oil and Gas Conservation, surface owner notification requirements and Ft Peck Tribe Tribal Employment Rights Ordinance compliance
Represented an oil and gas exploration company in the lifting of a $20,000 regulatory operations bond suspension and the acquisition of county permits to allow the conduct of exploration and development operations on lands in southwest Colorado

Memberships & Awards

Professional
Utah State Bar, May 2014 - Present
Member, Real Property, Probate & Trust Section, North Dakota State Bar, January 2012 - Present
Member, Natural Resource, Energy & Environmental Law Section, Montana State Bar, May 2008 – Present
Member, Mineral Law Section, Wyoming State Bar, June 2006 - Present
Member, Natural Resources and Energy Law Section, Colorado State Bar, May 2005 - Present
Denver Bar Association

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