Biography

Brent is an experienced natural resources attorney with extensive knowledge of the challenges faced by companies operating in the industry as well as of exploration and production, midstream and downstream oil and gas law. He regularly represents his clients in complex commercial litigation disputes, business transactions, administrative law and procedure and title examination matters.

In his litigation practice, Brent frequently defends his clients’ interests in the courtroom and in mediation and arbitration related to various mineral matters, including constitutional, contract and real property issues. For his clients that are undertaking transactions, he provides guidance on title and contractual issues during due diligence and the purchase and sale of oil and gas properties involving mixed fee, state, federal and Indian rights. He also 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. He prepares and presents applications for well spacing, well density, rule exemptions and statutory pooling and 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 Indian 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.

Representative Matters

  • 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.
  • 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 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 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.
  • 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 for pad drilling purposes.
  • Represented an oil and gas exploration company in litigation with fee landowner regarding public road easement and gravel use on fee lands 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 litigation with a fee landowner regarding the alleged illegal flaring of natural gas from fee lands in western North Dakota.
  • 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 an 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 the Colorado domestication of a $1 million North Dakota oil and gas lease dispute court judgment and the related execution/collection efforts.
  • Represented a solution mining company in the negotiation and drafting of potash and subsurface pore space leases covering fee and state lands in southern Michigan.
  • Advised an oil and gas exploration company in the interpretation of federal statutes and regulations governing common carrier designations for operators of easements and rights-of-way covering federal lands in northwest Utah.
  • Represented a solution mining company in the negotiation and drafting of potash and subsurface pore space leases covering fee and state lands in northern North Dakota.
  • Represented an oil and gas exploration company in the due diligence portions of a $5 million lending transaction secured by oil and gas leasehold interests covering lands in northern Colorado.
  • Represented an oil and gas insurance broker in the development and implementation of a uniform master service agreement for its clients.
  • Represented an oil and gas exploration company in spacing unit vacation and establishment proceedings before the North Dakota Industrial Commission.
  • Represented an oil and gas exploration company in contested spacing unit vacation and establishment proceedings before the Montana Board of Oil and Gas Conservation.
  • Represented an oil and gas exploration company in the acquisition of oil and gas leasehold interests covering tribal lands in northern New Mexico and advised on the interpretation and amendment of associated agreements under the Indian Mineral Development Act.
  • Advised an oil and gas services company in the interpretation of a tribal rights employment ordinance and compliance procedures concerning operations on 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.
  • Advised an oil and gas midstream company in the interpretation and drafting of various federal helium contracts, gas gathering and processing agreements and related issues concerning royalty valuation, allowable deductions and tax matters associated with natural gas gathering system and processing facility on fee lands in east central Utah.
  • Represented an oil and gas exploration company in the due diligence, operations bonding and well permitting portions of a $46 million acquisition of oil and gas leasehold interests covering fee, state and federal lands in central Wyoming.
  • Represented an oil and gas exploration company in the due diligence portions of an $81 million acquisition of oil and gas leasehold interests covering fee and federal lands in central Wyoming.
  • Represented an oil and gas exploration company in a review by the U.S. Bureau of Land Management State Director of an adverse decision regarding the cancellation of oil and gas leasehold interests covering tribal lands in northern New Mexico.
  • Represented an oil and gas exploration company in the due diligence portions of an acquisition of oil and gas leasehold interests covering fee lands in southern North Dakota and in the interpretation/application of North Dakota's secondary recovery unit statutory Pugh clause.
  • Advised an oil and gas midstream company in the interpretation of a master service agreement covering a natural gas processing facility located in east central Utah.
  • Represented an oil and gas exploration company in the negotiation and drafting of surface use agreements covering fee lands in western North Dakota.
  • Advised an oil and gas exploration company in the interpretation of Colorado Oil and Gas Conservation Commission statutes and regulations applicable to fee, state and federal lands in northern Colorado.
  • Represented an oil and gas exploration company in the due diligence portions of an acquisition of oil and gas leasehold interests covering tribal lands in northeast Utah.
  • Advised an oil and gas exploration company in the interpretation of procedures for the nomination of State of Montana lands for oil and gas leasing.
  • Represented multiple oil and gas exploration company clients in the interpretation of mortgages, deeds of trust and financing statements encumbering oil and gas leasehold interests covering fee, state, federal and tribal lands in Colorado, Montana and Wyoming, for both lending and acquisition purposes.
  • Represented multiple clients in the preparation and/or review of hundreds of drilling and division order title opinions, including the curing of title issues and the resolution of landowner and non-operating oil and gas leasehold owner disputes, covering fee, state, federal and tribal lands in Colorado, Montana, North Dakota, Utah and Wyoming.
  • Represented multiple clients in the preparation of assorted title curative instruments, including oil and gas leases, stipulations and cross-conveyances of interest, affidavits of heirship, declarations of pooling, oil and gas lease ratifications, joint operating agreements, farmout agreements and future interest proceeds apportionment agreements.
  • Served on a committee commissioned by the Montana Board of Oil and Gas Conservation to study, comment on and provide guidelines regarding the statutory pooling of unlocatable mineral and oil and gas leasehold interest ownership.
  • Represented an oil and gas exploration company in the due diligence portions of a $360 million acquisition of oil and gas leasehold interests covering fee, state and federal lands in northern Colorado.
  • Represented an oil and gas exploration company in the due diligence portions of a $16 million acquisition of carbon dioxide leasehold interests covering federal lands in western Colorado.
  • Represented an oil and gas exploration company in the negotiation and drafting of surface and subsurface pore space leases associated with a federally funded carbon dioxide sequestration project on fee lands in northern Montana.
  • Represented an oil and gas exploration company in the negotiation and drafting of subsurface drill-though agreements covering fee and state lands in northern Colorado.
  • Advised an oil and gas exploration company in the applicability, procedures and compliance required with respect to tribal employment rights ordinances in west central North Dakota.
  • Represented a publicly regulated natural gas utility in a wide range of end-user disputes and easements/right-of-way acquisition, including alternative dispute resolution, litigation, settlement and condemnation proceedings.
  • Represented an oil and gas exploration company in litigation involving the breach of a broker agreement and securities fraud.
  • Represented an oil and gas exploration company in litigation concerning the subject matter jurisdiction of the Colorado Oil and Gas Conservation Commission and the exhaustion of administrative remedies.
  • Represented multiple oil and gas exploration companies in litigation involving wrongfully filed mechanics’ and oil and gas operators’ liens covering fee lands in northern Colorado.
  • Represented an oil and gas exploration company in the drafting and negotiation of a salt water disposal well joint operating agreement and the associated local government permitting process for the same on fee lands in northern Colorado.
  • Represented multiple oil and gas exploration companies in litigation seeking the removal of imprudent coalbed methane operator on fee and state lands in southern Montana.
  • 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.

Before Fox Rothschild

Prior to joining Fox Rothschild, Brent was a partner at a large national law firm dedicated to serving the oil and gas industry. He also previously practiced with two Denver-based energy firms, focusing on natural resources litigation, oil and gas transactions, administrative and regulatory matters and title examination.

Beyond Fox Rothschild

Among his many activities, Brent is a faculty member for both the Rocky Mountain Mineral Law Foundation and the National Business Institute and a student mentor for the University of Denver Sturm College of Law. He also serves as an oral argument judge.

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