SOLAR DEVELOPMENT AND THE OGML, A LOOK AT CORRELATIVE RIGHTS
Michael Brassett currently serves as co-managing member of Bradley Murchison. where he has a general oil and gas transactional practice serving producers and others engaged in onshore and offshore operations throughout the state. In his practice, he represents multiple E&P companies in their acquisition, development, and divestment of assets. This includes, but is not limited to, title review including the drafting of drill site and division order title opinions, lease negotiations, and surface use and ROW Agreements, in addition to representation in regulatory proceedings with the Louisiana Office of Conservation. Michael represents service providers in the energy industry, assisting them in the drafting of various commercial agreements, and the drafting and negotiation of master service agreements. His understanding of the legal issues surrounding the oil and gas industry allows for a nuanced, practical, and pragmatic approach to clients’ projects throughout all phases of the asset development. His practice also covers general contractors providing guidance across a spectrum of construction- related matters including contract negotiation and drafting, construction disputes and breach of contract claims and related litigation matters. He also has extensive experience in the drafting of commercial transactions, corporate formation, litigation and environmental regulation and compliance.
Michael has represented a major west coast university system in contract and ROW negotiations as well as with various state and local regulatory bodies to install, construct and operate a Biomethane landfill gas collection system. He has also represented a major petrochemical company in site acquisition and title review, permitting, and contract negotiations for world-class facility in St. James Parish, Louisiana. Represented major west coast university system in contract and ROW negotiations as well as with various state and local regulatory bodies to install, construct and operate a bio methane landfill gas collection system. Represented major petro-chemical company in site acquisition and title review, permitting, and contract negotiations for world class facility in St James Parish, Louisiana. Assisted a world scale methanol facility in site acquisition and negotiations in addition to its local and state regulatory matters.
SOLAR PROJECT DEVELOPMENT: A DISCUSSION OF ISSUES RANGING FROM LEASING, ZONING AND TITLE CONCERNS TO ENERGY TRANSMISSION AND STORAGE
Joe Wilson is a business and trusts and estates lawyer in the New Orleans office of Liskow & Lewis, who focuses on real estate, finance, general business, and estate planning and probate matters. His practice involves counseling business owners, real estate developers, lenders, and manufacturing and industrial facilities operators on a multitude of legal and operational issues, including property acquisitions, sales and development, title insurance, corporate structuring and governance, and regulatory compliance. Joe regularly advises solar energy developers, tax credit investors, and lenders in the acquisition, development, and operation of solar sites and energy storage projects across Louisiana, including advice on all related title review and title insurance matters. Joe is a Louisiana state-licensed title insurance agent, issuing title insurance policies through Lewis Title Co., his firm’s in-house title insurance agency. Joe is a frequent speaker on business and trusts and estates issues, often addressing the unique challenges national clients face when operating in Louisiana. Joe received his undergraduate degree from the University of Dallas, and he graduated summa cum laude from Louisiana State University’s Paul M. Hebert Law Center, where he was elected to the Order of the Coif and served as a Senior Editor of the Louisiana Law Review.
Shelley Eichenlaub, Managing Counsel
Shelley (Smithson) Eichenlaub is highly regarded by colleagues and counterparties as a business savvy corporate counsel with direct experience providing practical guidance to large multi-national corporations as well as entrepreneurial start-ups for operational and corporate matters as well as world-scale capital projects.
As a key member of multiple major projects teams at Motiva (Chemicals Growth Projects), Anadarko (Mozambique LNG Projects), Sasol (Lake Charles Chemicals Projects), and KBR (multiple client projects), Shelley has spent most of her legal career working across various internal functions and with external counterparties to negotiate and sign multiple multi-billion dollar contracts. Shelley has particular expertise in EPC, EPCM, other engineering and construction related agreements, technology licensing, and the purchase and storage of critical equipment.
Since 2014, with several business partners including her husband (Robert), Shelley has devoted her free time to starting and operating Eureka Heights Brewing Company. Shelley’s role in this business venture has included participation in development, financing, construction/installation, start-up and successful operations and growth of Eureka Heights.
THE TRANSITION TO A LOW-CARBON ECONOMY
Reese Goldsmith is a senior public affairs advisor in Holland & Knight’s Washington, D.C., office and member of the firm’s Public Policy & Regulation Group. Ms. Goldsmith has extensive knowledge of federal agencies’ complex regulatory schemes to provide in-depth interpretations of policy stemming from the U.S. Department of Energy (DOE), U.S. Department of the Interior (DOI), U.S. Environmental Protection Agency (EPA) and the Office of Management and Budget (OMB). She also advocates on Capitol Hill, engaging committees that oversee energy, climate, sustainability and public lands.
Ms. Goldsmith has a wealth of experience at navigating federal funding and regulatory enforcement programs, leveraging her experience serving at federal agencies such as the U.S. Department of Justice (DOJ). She is a particularly valuable ally to small businesses engaging in Washington and successfully has represented dozens of small businesses from a variety of industries during the COVID-19 pandemic. She guides clients through the federal policymaking process and advises small and large businesses alike on the material impact of newly enacted federal policies.
Prior to joining Holland & Knight, Ms. Goldsmith was an attorney and policy advisor for a U.S.-based lobbying and law firm in Washington, D.C.
Ms. Goldsmith worked on behalf of Democrats in New Hampshire as an organizer during the 2018 midterm elections. In addition, she conducted research on administrative, environmental and natural resource policy impacting small businesses for the U.S. Small Business Association’s (SBA) Office of Advocacy. She served as a law clerk in the Environment and Natural Resources Division at the DOJ, as a contractor to DOE’s Loan Programs Office and worked for former Rep. Albert Wynn (D-Md.), a member of the House Energy and Commerce Committee.
LOUISIANA INDUSTRIAL DECARBONIZATION OPPORTUNITIES
David E. Dismukes
David E. Dismukes is a Professor, Executive Director, and Director of Policy Analysis at the Center for Energy Studies, Louisiana State University. He also serves as a Professor in the Department of Environmental Sciences, and as the Director of the Coastal Marine Institute, both of which are in the College of the Coast and the Environment at LSU.
David’s research interests are related to the analysis of economic, statistical, and public policy issues in energy and natural resources. Over the past 33 years, he has worked in consulting, academia, and government service.
David has been on the LSU faculty for 26 years and has led research efforts on energy, economic, and environmental/natural resource-related topics. He speaks regularly to professional, trade, and civic associations on important energy issues, trends, and topics. He serves in numerous advisory positions including serving on the National Petroleum Council, a federally chartered advisory arm to the U.S. Secretary of Energy.
Dr. Dismukes received his M.S. and Ph.D. in economics from the Florida State University.
CARBON CAPTURE AND STORAGE LAW: PUBLIC POLICY AND THE LEGAL ISSUES
Keith B. Hall
Keith B. Hall is the Nesser Family Chair of Energy Law at Louisiana State University, where he serves as Director of the Mineral Law Institute and Director of the John P. Laborde Energy Law Center. He teaches Mineral Rights, International Petroleum Transactions, Energy Law & Regulation, and Civil Law Property. In addition to teaching energy law courses at LSU, Professor Hall has taught: International Petroleum Transactions as a Visiting Professor at Baku State University in Azerbaijan; International Energy Transactions and also Energy & the Environment as a Visiting Professor at the University of Pittsburgh School of Law; and Introduction to Mineral Law as an adjunct professor at Loyola School of Law in New Orleans.
Professor Hall is co-author of three books on oil and gas law—International Petroleum Law and Transactions (2020), Hydraulic Fracturing: A Guide to Environmental and Real Property Issues (2017), and The Law of Oil and Gas: Cases and Materials (2016). In addition, the is co-editor of the book The Regulation of Decommissioning, Abandonment and Reuse Initiatives in the Oil and Gas Industry (2020). His shorter publications have focused on a variety of oil gas issues. He is a frequent speaker at national and international oil and gas conferences. Before joining the LSU Law School faculty, he practiced law for 16 years, with a focus on oil and gas litigation and transactions.
Professor Hall is Editor-in-Chief of the Institute for Energy Law’s Oil & Gas E-Report. He also serves on the Association of International Petroleum Negotiators’ Education Advisory Board, the Rocky Mountain Mineral Law Foundation’s Board of Directors, and the Institute for Energy Law’s Executive Committee, and the Energy & Mineral Law Foundation’s Executive Committee. He is a former Chairman of the Oil & Gas Committee of the American Bar Association’s Section of Environment, Energy and Resources. In addition, he is a registered professional engineer (inactive status) who worked for eight years as a chemical engineer before attending law school.
DEVELOPMENT OF FEDERAL OFFSHORE WIND ENERGY
Kathleen Doody is an accomplished oil and gas attorney practicing in the firm’s New Orleans office, with over 15 years of transactional experience representing and advising E&P companies, oilfield service companies and lending institutions on a broad range of corporate, energy, regulatory, secured financing and real estate matters.
Kathleen’s current practice is primarily focused on the following:
- Representing clients in the drafting and negotiation of various oil and gas related agreements, including operating agreements, memorandum of operating agreements, like-kind exchanges, areas of mutual interests, and withdrawals from joint operating agreements.
- Representing clients in connection with appeals of BOEM and BSEE orders to the Interior Board of Land Appeals in connection with issues related to supplemental bonding and incidents of non-compliance.
- Providing legal analysis and advice to oil and gas companies related to preserving and perfecting security rights under their joint operating agreements.
- Representing clients in connection with the purchase and sale, financing and refinancing of mineral properties and other assets, including negotiating purchase and sale agreements and security instruments and the rendition of third-party closing opinions.
- Providing legal analysis and advice to lending institutions related to secured financial transactions, including those secured by real and personal property, their rights upon debtor distress and issues arising in Chapter 11 bankruptcies.
- Examination of onshore and offshore mineral title and advising clients on complex mineral title issues and title curative solutions.
Kathleen also routinely provides general advice to clients on various secured transaction matters, Louisiana Uniform Commercial Code matters, mineral rights and real estate matters, business and corporate matters, including business entity selection and formation, and regulatory and permitting matters relating to onshore and offshore mineral leasing.
Prior to joining a law firm, Kathleen was senior counsel at Chevron North America Exploration and Production Company, a division of Chevron U.S.A. Inc. As senior counsel, she reviewed, drafted and negotiated a broad range of commercial contracts and agreements related to the acquisition and divestiture of oil and gas leases and in support of the development and production of oil and gas, including asset purchase and sale agreements, farmout agreements, confidentiality agreements, production handling agreements, and master service agreements. Kathleen has helped her clients identify, assess and mitigate their risks, solve problems and achieve positive outcomes in complex and difficult scenarios and under tight time constraints. She is a results-driven advocate, committed to meeting and exceeding client expectations.
Anthony “Tony” Marino
Tony Marino is experienced in a wide range of onshore and offshore energy related transactions and regulatory matters. Tony’s transactional practice is concentrated generally on matters involving the acquisition and divestiture of mineral properties, energy related financings, the negotiation and performance of agreements related to the exploration, development and production of oil and gas, and mineral title examination. His regulatory practice is focused on matters relating to mineral leases, including those located onshore Louisiana, in Louisiana state waters and in federal waters of all regions of the Outer Continental Shelf. He has represented numerous energy producing companies before the (i) Bureau of Ocean Energy Management; and (ii) Bureau of Safety and Environmental Enforcement (collectively the federal agencies were formerly known as the Minerals Management Service) in the Pacific, Gulf of Mexico, and Alaska OCS Regions, Department of the Interior, Interior Board of Land Appeals, and other regulatory agencies concerning a variety of matters such as plugging and abandonment liability, bonding, oil spill financial responsibility, royalty valuation, royalty relief, and incidents of non-compliance. Tony is also an Adjunct Professor teaching the Mineral Law Course at the New Orleans Loyola University School of Law.
A selection of Tony’s recent representative matters include:
- Numerous representations of small and large independent oil and gas companies in acquisitions of oil and gas leases located in the Gulf of Mexico, Alaska and Pacific Outer Continental Shelf Regions
- Successful negotiations between small and large independent companies and the Bureau of Ocean Energy Management, Gulf of Mexico and Pacific OCS Regions, to ensure abandonment and decommissioning liabilities for leases and rights-of-way were addressed and that proper funding to secure such liabilities were established and maintained.
- Representation of two international oil and gas companies in connection with its acquisition of over 200 Outer Continental Shelf and deepwater leases located in the Gulf of Mexico in two separate deals with a value of $2 billion and $5 billion, respectively.
Tershara Matthews manages all resource management functions for offshore renewable energy, alternate use, and marine minerals development on the U.S. Gulf of Mexico OCS. She has worked for the Department of Interior for more than 13 years. During tenure, she has played key leadership roles in advancing the National Sand Inventory Initiative for the Marine Minerals Program in the Gulf of Mexico (GOM), developing the renewable program in GOM, and implementing a more interactive format for outreach initiatives.
NEW INFRASTRUCTURE: OLD LAWS, NEW SPENDING, AND THE NEW SUPREME COURT
Professor Bryner was an Emmett/Frankel Fellow in Environmental Law and Policy at the UCLA School of Law for 2016-18. He served as Visiting Associate Professor and Environmental Law Fellow at George Washington University Law School (August 2014-June 2016) where he co-taught courses on environmental and natural resources law.
Bryner received his B.A. magna cum laude in Political Science from the University of Utah, with minors in Latin American Studies and Chemistry. He also earned joint degrees (J.D. / M.A.) in law and Latin American and Hemispheric Studies from The George Washington University Law School and Elliott School of International Affairs. At GW, Bryner was elected to the Order of Coif, received the Pro Bono Service Award and the Patton Boggs Foundation Public Policy Fellowship, and was a Presidential Merit Scholar. In addition, he served as an Articles Editor for The George Washington Law Review.