North Dakota Law Review Energy Law Lecture Series
March 14 & 15, 2013
Ramada Bismarck Hotel
Approved for 16.5 hours North Dakota CLE
Approved for 16.75 CPL/RPL Landman credits
The North Dakota Law Review held a special Energy Law Lecture Series in Bismarck, North Dakota on March 14 and 15, 2013. A packed room of more than 300 lawyers, landmen, paralegals, government officials and others in the oil and gas industry participated in the two-day lecture series. UND Law School Dean Kathryn Rand said, "The Energy Law Lecture Series is a great example of the School of Law's commitment to serving the legal profession and the people of North Dakota. We are proud of our law students for taking the lead on this timely event, and we were delighted to bring the Lecture Series to Bismarck, where these issues are so important."
The presentation materials and audio files for the presentations are available below. The entire lecture series was videotaped. The videos will be added as they are processed.
Thursday, March 14, 2013 - 8 CLE Credits
7:30 a.m. - Registration
8:00 a.m. - Welcoming Remarks, Evie Hudson, Editor NDLR - video
8:15 a.m. - North Dakota Judicial Energy Task Force - An Update
Judge Gail Hagerty - audio mp3 - video
Judge Hagerty is president of the State Bar Association and a district judge in Bismarck. She has served as a county judge, Burleigh County State's Attorney, and Assistant Attorney General. She is a Uniform Law Commissioner. She received her J.D. degree from the University of North Dakota School of Law in 1978 and a M.J.S. degree from the University of Nevada, Reno, in 1994
Mr. McDonald is a senior partner in the Wheeler Wolf Law Firm, Bismarck, ND. His law practice is split between First Amendment and communications law work, lobbying, and corporation/bankruptcy law. Mr. McDonald served as the Chair of the North Dakota Judicial Energy Task Force.
8:45 a.m. - Lapsed and Abandoned Mineral Rights in North Dakota
Charles G. DeMakis - materials - audio mp3 - video
Mr. DeMakis is the owner of DeMakis Law, PLLC, in Minot, North Dakota. Mr. DeMakis focuses his practice in the areas of oil and gas, title opinions, estate planning, probate, lease drafting, and negotiating of oil and gas leases. Mr. DeMakis has prepared numerous division order drilling title opinions for operators in the Bakken and has assisted hundreds of clients in regards to curative matters related to their oil and gas interests and oil and gas leases.
9:45 a.m. - Break
9:50 a.m. - Common Issues in Preparation of a Title Opinion
Brian Bjella -
materials - audio mp3 - video
Mr. Bjella is a Partner in the Energy, Environment and Natural Resources Department at Crowley Fleck PLLP. Mr. Bjella is a board member and treasurer of the Lignite Energy Council and has been very active in the Rocky Mountain Mineral Law Foundation. Mr. Bjella was also a featured presenter at the 2011 North Dakota Law Review Energy Law Symposium.
Christopher Friez - materials - audio mp3 - video - Q&A video
Mr. Friez is a partner with Crowley Fleck PLLP in Bismarck, North Dakota. His practice focuses primarily on Energy and Natural Resources law, including oil, gas, coal and other forms of energy, and probate. He is experienced in title examination and the preparation of title opinions, litigation, and transactional matters. He is a contributor to various trade publications and law reviews and is a frequent presenter on North Dakota oil and gas issues to various groups and associations.
10:50 a.m. - Migratory Bird Treaty Act - Impact on Oil and Gas Operators
Christine Fritze - materials - audio mp3 - video
Professor Fritze is a Visiting Professor at the University of North Dakota School of Law, and teaches Natural Resources Law, Advanced Topics in Oil and Gas, and Elder Law. Professor Fritze recently earned an LL.M. degree from the University of Oklahoma College of Law in International Energy, Natural Resources, and Indigenous Peoples.
11:50 a.m. - Contract Modification in Boomtown
Christyne Vachon -
audio mp3 - video
Professor Vachon is a Visiting Professor at the University of North Dakota School of Law, and teaches Business Associations I, Business Associations II, Sales, and International Business Transactions.
12:20 p.m. - Lunch on Your Own
1:10 p.m. - Class Action Certification for Oil & Gas Lessors
Karen Kahle - materials - audio mp3 presented by Christine Fritze - video
Ms. Kahle, whose practice is focused on class actions, energy law, mass torts, and products liability, heads the firm's Class Action and Mass Tort Team at Steptoe & Johnson PLLC. Ms. Kahle has represented natural gas transmission and storage companies in numerous matters pertaining to property protection, gas storage, and commercial issues.
Christine Fritze - materials - audio mp3 - video
Professor Fritze is a Visiting Professor at the University of North Dakota School of Law, and teaches Natural Resources Law, Advanced Topics in Oil and Gas, and Elder Law. Professor Fritze recently earned an LL.M. degree from the University of Oklahoma College of Law in International Energy, Natural Resources, and Indigenous Peoples. She represented royalty owners in class action lawsuits, including Bank of America v. El Paso Natural Gas Co., which settled for $66 million in 2005.
2:50 p.m. - Break
3:00 p.m. - Canons of Construction for the Interpretation of Mineral Conveyances, Severances, Exception, & Reservations
Dan Kostrub - materials - audio mp3 - video
Mr. Kostrub focuses his practice in the areas of real estate and energy law with a focus on oil, gas, and coalbed methane issues at Steptoe & Johnson PLLC. In addition to being the Managing Member of the Canton, Ohio office, Mr. Kostrub is experienced in advising clients on issues affecting land acquisitions, and in preparing and reviewing leases, deeds, and easements.
4:20 p.m. - The Oil and Gas Boom and Water Resources: Impacts to States and Tribes
Jeffrey Matson - materials - audio mp3 - video
Mr. Matson is an associate in the Environmental Practice Group in the Portland, Oregon office of Ater Wynne, LLP, with a focus on environmental, energy and Indian Law. Mr. Matson is a graduate of West Point where he majored in environmental engineering. Mr. Matson served as a Captain in the U.S. Army and worked for the U.S. Army Corps of Engineers and the Oregon Department of Justice prior to joining Ater Wynne.
5:20 p.m. - Closing Remarks
6:00 p.m. - Reception hosted by Steptoe & Johnson PLLC
Friday, March 15, 2013 - 8.5 CLE Credits
7:30 a.m. - Registration
8:00 a.m. - Cessation of Production & Shut-ins During the Secondary Term
Neal Pierce - materials - audio mp3 - video
Mr. Pierce, of counsel at Steptoe & Johnson PLLC, brings more than thirty years of oil and gas industry experience to his practice. For over fifteen years, he served as general counsel for one of the largest exploration and production companies in the Appalachian basin. Mr. Pierce is a Past President of both the Virginia Oil and Gas Association and the Energy and Mineral Law Foundation.
9:00 a.m. - Curing Requirements Identified in Title Opinions
Brenda Selinger - materials
- audio mp3 - video
Ms. Selinger is an attorney/land professional with Marathon Oil Company. Prior to joining Marathon, Ms. Selinger was engaged in the private practice of law with Greenwood, Selinger & Ramsey in Dickinson. Brenda is a member of the RMMLF, AAPL, LAND and SBAND.
10:00 a.m. - Break
10:10 a.m. - Reservoir Development: Competing Rights of Horizontal and Vertical Developers and Other Oddities of Vertical Legal Principles Gone Sideways
John Morrison - materials - audio mp3 - video
Mr. Morrison practices in the area of natural resources, public utilities and commercial law, and regularly represents clients in both litigation matters in state and federal courts and before state and federal administrative agencies, including the North Dakota Industrial Commission, the North Dakota Public Service Commission, the North Dakota Tax Department, and the Bureau of Land Management.
- materials - audio mp3 - video
Mr. Mann, a Partner in the Energy, Environment and Natural Resources Department at Crowley Fleck PLLP, focuses his practice on energy and natural resource related matters. His practice includes oil and gas title examination and energy and natural resources related litigation before state and federal courts. He also represents oil and gas clients before the North Dakota Industrial Commission Oil and Gas Division and energy clients in permitting facilities before the North Dakota Public Service Commission.
11:00 a.m. - Current Oil & Gas Contracting Issues in North Dakota
Josh Swanson - materials - audio mp3 - video
As an attorney at the Vogel Law Firm, Mr. Swanson centers his practice on energy and natural resources law. Professor Swanson was a featured presenter at the 2011 North Dakota Law Review Energy Law Symposium.
12:00 p.m. - Lunch on Your Own
1:00 p.m. - Surface Use in the Age of Horizontal Drilling
Lori Dawkins - materials - audio mp3 - video
Ms. Dawkins is an Adjunct Professor at West Virginia University College of Law, a Member of Steptoe & Johnson PLLC, and a member of the Energy & Mineral Law Foundation. Ms. Dawkins defended national oil and gas companies in litigation over validity of oil and gas leases and deeds, and represented producers with Marcellus and Utica shale wells in suits for excessive surface use.
John Meadows - materials - audio mp3 - video
Mr. Meadows is an of counsel attorney working for Steptoe & Johnson PLLC, focusing his practice in the area of energy litigation and is an experienced litigator in both state and federal court. Mr. Meadows is highly experienced in assisting clients in asserting rights to use the surface under oil and gas.
2:00 p.m. - Break
2:10 p.m. - Energy Law Legislative Issues
Carlee McLeod - materials - audio mp3 - video
Ms. McLeod serves as President of the Utility Shareholders of North Dakota based in Bismarck, an organization representing shareholders of Xcel Energy, Otter Tail Corporation, and MDU Resources Group, Inc. Prior to joining the Utility Shareholders, Carlee specialized in government relations and policy development as a private lobbyist, practicing attorney, and ND Deputy State Treasurer. In her current role, she focuses on energy and tax policy.
3:30 p.m. - Break
3:40 p.m. - Bioenergy, Resource Scarcity, and the Rising Importance of Land Use Definitions
Jody Endres - materials - audio mp3 - video
Professor Endres is an Assistant Professor of Environmental, Natural Resources, and Energy Law at the University of Illinois, and is affiliated with the University's Energy Biosciences Institute. Professor Endres is also a member of many national and international sustainability groups related to agriculture and energy.
4:40 p.m. - Mineral Title Issues Involving Rivers, Lakes, and Riparian Lands
Timothy Kingstad - materials - audio mp3 - video
Mr. Kingstad is of counsel with Fredrikson & Byron, P.A., where he focuses on complex mineral title issues, often involving riparian lands. His experience also includes serving as North Dakota Land Commissioner, where he was responsible for the leasing and management of State minerals under navigable waters.
Ms. Hansen is an associate at Fredrikson & Byron, where her practice focuses on mineral title examination. She is a past Managing Editor of the North Dakota Law Review.
David Phillips - materials above - audio mp3 - video
Mr. Phillips is a senior associate at Fredrikson & Byron, with significant experience in title examination, trial and appellate litigation and transactional matters.
Diane Wehrman - materials above - audio mp3 - video
Ms. Wehrman is an associate at Fredrikson & Byron. Her broad experience in mineral title examination includes particular expertise relating to Indian allotted and tribal lands.
6:00 p.m. - Closing Remarks
Editor in Chief
North Dakota Law Review
NOTE: This schedule is tentative and subject to change
The North Dakota Law Review would like to thank Steptoe & Johnson PLLC
for their contributions to the Energy Law Lecture Series.