Events

Babst Calland joins Rocky Mountain Mineral Law Foundation for its Special Institute on Midstream Oil & Gas from the Upstream Perspective, April 24-25, 2018. Oil and gas producers are encountering economic, regulatory, and operational challenges impacting production and the ability to get product to market. This two-day Special Institute will focus on the interplay between upstream and midstream operations, including the latest developments and risks affecting exploration, production, gathering, marketing, storage, transportation, and operations. Experienced attendees will benefit from deeper insights into critical, cutting-edge topics, while resource professionals who are relatively new to the practice will benefit from the experience of our distinguished speakers.

Attorney David Ross will be presenting on Survival of Commitments from Bankruptcy: What Every Midstream or Oil and Gas Attorney Needs to Know. Many midstream and oil and gas attorneys have believed that various covenants contained in oil and gas agreements—including gas purchase and sale agreements, joint operating agreements, gas processing agreements, gas gathering agreements, and dedication agreements—were binding on successors in interest. However, the recent series of decisions by the Bankruptcy Court in In re Sabine Oil & Gas Corp. have raised substantial doubts about the validity of that belief. This paper will explore the historical development of real covenants or covenants running with the land, and provide a state-by-state analysis showing how the major producing states deal with the issue of real covenants.

Attorney James Curry will be presenting on What Upstream Producers Need to Know About FERC and PHMSA. This panel will review what companies engaging in the development of midstream assets need to understand when their activities fall within the scope of the Federal Energy Regulatory Commission (FERC) and the Pipeline and Hazardous Materials Safety Administration (PHMSA). Also, in response to incidents, shale development, and pressure from state regulators and the public, PHMSA has proposed sweeping changes to its regulations that could result in regulation farther upstream into production areas, and the regulation of previously unregulated gas gathering in rural areas. PHMSA has also proposed changes to its liquids regulations that could bring more scrutiny to currently unregulated pipelines. This presentation will review how these changes could affect producers.