Brent D. Chicken

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
  • 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
  • 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

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

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

Related Services

Related News & Resources

Press Release
BRIDGEPORT, W.Va. – Steptoe & Johnson PLLC is pleased to announce that 135 of the firm’...
Hosted Event | Webinar
Listen to Brent Chicken, Andy Graham, and Jeff Nehr (Hope Utilities) as they present the first ...
Press Release
Bridgeport, WV – Steptoe & Johnson PLLC is excited to share that 123 of the firm’s atto...

Stay informed. Sign up for our mailing lists.

Stay Informed

All of our news and resources are shared electronically. Select your preferred list(s) below.(Required)
This field is for validation purposes and should be left unchanged.