Biography
Brent is an experienced energy and natural resources attorney with extensive knowledge of the challenges faced by exploration and production, midstream, and downstream/utility companies 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 client’s 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 the title, due diligence, and contractual issues during the purchase and sale of oil, gas, and mining properties involving mixed fee, state, federal and tribal rights. He prepares accompanying sales, indemnity, surface use, and subsurface penetration agreements.
In the regulatory realm, Brent advocates for his clients before various state and federal oil, gas, and mining agencies; prepares and presents regulatory applications for well spacing, well density, well location exemptions, statutory pooling, flaring, bonding, and mine delineation; undertakes administrative appeals of negative agency decisions and inspections; 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, hard rock mines, and “gob gas” areas. Brent also routinely counsels clients in tackling title curative matters, including negotiating and drafting various mineral and surface title instruments.
Prior to joining Steptoe & Johnson, Brent was a partner at a large national oil and gas firm, and two Denver-based energy firms, focusing on energy and natural resources litigation, oil and gas transactions, administrative and regulatory matters, and title examination due diligence.
Representative 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
- Advised an oil and gas exploration company in the interpretation of federal statutes and regulations governing common carrier designations for operators of pipeline easements and rights-of-way covering federal lands in northwest Utah
- Represented multiple oil and gas exploration companies, including tribal entities, in spacing unit vacation and establishment, flaring exemption, exception location, pooling and other proceedings before the North Dakota Industrial Commission, Colorado Oil and Gas Conservation Commission, Wyoming Oil and Gas Conservation Commission, Utah Board of Oil, Gas and Mining, and Montana Board of Oil and Gas, including contested, multi-party proceedings
- Advised an oil and gas services company in the interpretation of a tribal rights employment ordinance and compliance procedures concerning oil and gas operations concerning tribal lands in western North Dakota
- Advised an oil and gas exploration company regarding the handling of authorization for expenditure cost recovery, overlap leasing and cost participation issues caused by migration of Missouri River in western North Dakota
- Transactional
- Represented an oil and gas holding company in the negotiation and drafting of a $3 million purchase and sale agreement covering the acquisition of fee surface, mineral and overriding royalty interests in southwest Colorado and northwest New Mexico
- Represented an oil and gas midstream company in the negotiation and drafting of a midstream gas gathering and processing agreement covering fee, state, federal and tribal lands in northwest Utah
- Represented an oil and gas company in the negotiation and drafting of a $4.37 million participation agreement covering the exploration and development of fee lands in southwest Colorado
- Represented an oil and gas holding company in the negotiation and drafting of a $2 million purchase and sale agreement covering the divestiture of fractional fee mineral and leasehold overriding royalty interests in southwest Colorado, northwest New Mexico and western Nebraska
- Represented an oil and gas exploration company in the negotiation and drafting of a $500,000 assignment and bill of sale covering the acquisition of fee surface estate acreage in western North Dakota
- Advised an oil and gas midstream company in the interpretation of a legacy gas gathering and processing agreement covering fee, state, federal and tribal lands in northwest Utah
- Represented an oil and gas exploration company in the negotiation and drafting of a $10 million purchase and sale agreement covering the divestiture of fee, state and federal oil and gas leasehold interests in northern Colorado
- Represented an oil and gas exploration company in the $4.7 million acquisition of producing oil and gas leasehold interests covering fee lands in western North Dakota
- Represented an oil and gas holding company in the negotiation and drafting of a complex oil and gas overriding royalty interest distribution agreement covering fee, state and federal lands in northern Colorado and southern Wyoming
- Represented an oil and gas exploration company in a $4 million divestiture of producing oil and gas leasehold interests covering fee and federal lands in north-central Colorado
- Assisted an oil and gas exploration company in a $14 million divestiture of producing oil and gas leasehold interests covering tribal lands in northwest Utah
- Represented an oil and gas exploration company in the drafting and negotiation of the Indian Mineral Development Act Agreement with Ute Mountain Ute Tribe covering lands in northern New Mexico
- Represented an oil and gas exploration company with respect to a federal oil and gas lease auction held by the United States Department of the Interior, Bureau of Land Management, Colorado State Office
- Represented an oil and gas exploration company in all aspects of the purchase of distressed bankruptcy assets, conveyance of same to an operator, and the negotiation of and associated memorandum of understanding covering Colorado Oil and Gas Conservation Commission regulatory issues
- Litigation/Arbitration/Dispute Resolution/Expert Witness
- Represented an oil and gas exploration company in state court litigation regarding public road easement and gravel use on fee lands in western North Dakota
- Represented an oil and gas exploration company in federal court litigation involving bad faith insurance denial regarding well control issue
- Represented an oil and gas exploration company in state court litigation regarding the alleged illegal flaring of natural gas from fee lands in western North Dakota
- Represented an oil and gas exploration company in the Colorado domestication of a $1 million North Dakota oil and gas lease dispute court judgment and the related execution/collection efforts
- Represented an oil and gas exploration company concerning multiple contract disputes involving fraudulent oil and gas lien claims covering lands in western North Dakota
- Represented an oil and gas exploration company in federal court litigation concerning the validity of oil and gas top lease in connection with continuous operations
- Engagement as an expert witness in state court litigation involving pipeline easement location issues
Licensed In
- Colorado
- Michigan
- Montana
- North Dakota
- Utah
- Wyoming
Education
- J.D. University of Denver Sturm College of Law
- B.S. Florida State University
Memberships
- Speaker; Moderator, American Association of Professional Landmen, July 2017 – Present
- Author; Speaker, National Association of Division Order Analysts, August 2016 – Present
- Treasurer & Board of Directors Member, Legacy Park Ranch Owner’s Association, September 2015 – Present
- Faculty, National Business Institute, November 2012 – Present
- Member; Faculty; Special Institutes Committee Member; Special Institute Chairman, The Foundation for Natural Resources and Energy Law , May 2005 – Present
- Member; Author; Speaker, Denver Association of Petroleum Landmen, May 2005 – Present
- Member; Past Secretary; Past President, Denver Association of Oil and Gas Title Lawyers, May 2005 – Present
- Law Student Mentor, University of Denver, Sturm College of Law, May 2005 – Present
- Event Chairman, Moderator & Panelist, InfoCast, October 2012 – 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
- Utah State Bar, May 2014 – Present
Achievements
- The Best Lawyers in America®, Litigation – Environmental (2023-Present)
Speaking Engagements
- PRESENTATION: “Legal Considerations of Geothermal Energy Projects” American Association of Professional Landmen – Mar 9, 2022American Association of Professional Landmen – Mar 9, 2022
- PRESENTATION: “Legal Considerations of Geothermal Energy Projects” Colorado Bar Association – Natural Resources and Energy Law Section – Feb 8, 2022Colorado Bar Association – Natural Resources and Energy Law Section -Feb 8, 2022
- PRESENTATION: “Legal Considerations of Geothermal Energy Projects” Steptoe & Johnson PLLC: Rockies Webcast Series – Jan 5, 2022Steptoe & Johnson PLLC: Rockies Webcast Series – Jan 5, 2022
- PRESENTATION: “In the Rockies: Colorado, Utah & Wyoming” Steptoe & Johnson PLLC: Capturing the Energy of Renewables – Apr 7, 2021
- PRESENTATION: ‚”Oil and Gas Lien Considerations,” Steptoe & Johnson Rockies Webcast Series, September 29, 2020
- PRESENTATION: “Multi-State Regulatory and Legislative Updates,” Steptoe & Johnson Rockies Webcast Series, September 15, 2020
- PRESENTATION: “Multi-State Case Law Update,” Steptoe & Johnson Rockies Webcast Series, September 8, 2020
- PRESENTATION: “Determining Operatorship in the Rockies,” April 1, 2019, Permian Basin Association of Division Order Analysts, Annual Meeting
- PRESENTATION: “Concurrent Surface and Mineral Estate Development: Understanding the Oil & Gas Components of Your Development Project,” Oct. 12, 2018, Colorado Bar Association, Real Estate Section, Annual Fall Update
- PRESENTATION: “Gaming the System: Recognizing Regulatory Loopholes,” Sep 21, 2018, National Association of Land Title Analysts 2018 Annual Meeting
- PRESENTATION: “Subsurface Trespass in the Rockies in Light of Anadarko v. Lightning,” Sep 21, 2018, National Association of Lease Title Analysts 2018 Annual Meeting
- RMMLF COMMITTEE MEMBER: “Drafting and Negotiating the Modern Oil & Gas Lease,” May 3, 2018, Rocky Mountain Mineral Law Foundation
- PRESENTATION: “Anatomy of a Title Opinion” National Association of Division Order Analysts Annual Meeting, November 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
- 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 Bankruptcy” Fox Rothschild, LLP/Crescent Point Energy U.S. Corp. Joint Industry Presentation, August 2016
- 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
- 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
- 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
- PRESENTATION: “Negotiating Oil and Gas Farmout Agreements” National Business Institute CLE, December 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
- 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
- PRESENTATION: “Emerging Pore Space Issues Related to Horizontal and Directional Drilling” Anadarko Petroleum Corporation, Lunch N’ Learn Seminar, February 2011
- PRESENTATION: “Describing Blackacre: Land Description Basics” Rocky Mountain Mineral Law Foundation, Special Institute, September 2007
Publications
- ARTICLE: “Field Landman Question of the Month: Continental v. Counce,” Feb 2018, The Rocky Mountain Landman, Vol. 35, Issue 7 (Denver Association of Petroleum Landmen)
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- ARTICLE: “Subsurface Trespass and Pore Space in Colorado” The Rocky Mountain Landman, Vol. 29, Issue 1, Denver Association of Petroleum Landmen, September 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
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