2021 North Dakota Law Review Energy Law Symposium
The 2021 symposium was held April 15.
The online virtual energy law symposium featured a comprehensive program of energy related topics. The full recoreded symposium is available for viewing below as well as presentation documents linked in the schedule below. The Law Review board is appreciative for the generous support and sponsorship of the symposium by Crowley Fleck PLLP.
Symposium approved for 6.5 North Dakota CLE credits, 6.5 Minnesota CLE credits, and 7 Landman credits (CEU) through the AAPL.
2021 North Dakota Law Review Energy Law Symposium Schedule
8:15 AM: Welcome Remarks
Joseph Hackman & Katie Winbauer, Co-Symposium Editors, North Dakota Law Review
Michelle Phillips, Assistant Professor, UND School of Law
8:25 AM: Regulatory Update
Brad McCamy, Attorney, Fredrikson & Byron
9:15 AM: Effects of Covid-19 on Industry
Wade Caldwell, President of National Assoc. of Royalty Owners
10:00 AM: Break
10:15 AM: Oil Economy Panel
Moderator: Brady Pelton, Government Affairs Manager, North Dakota Petroleum Council
Amy Sisk, Energy Reporter, Bismarck Tribune
Senator Jessica Unruh Bell, Member, Energy & Natural Resources Committee
Justin Kringstad, Director of North Dakota Pipeline Authority
11:15 AM: Keynote: State of Oil
Owen L. Anderson, Professor and Distinguished Oil and Gas Scholar, University
of Texas School of Law
12:30 PM: Lunch
1:15 PM: Energy on Tribal Lands
Mark Fox, Chairman of MHA Nation
2:00 PM: River Update
Craig Smith, Partner, Crowley Fleck PLLP
3:00 PM: Break
3:15 PM: Green Energy Panel: status and future of renewables
Moderator: Levi Andrist, Attorney, GA Group
Julie Fedorchak, North Dakota Public Service Commissioner
Andrew Sorbo, Senior Manager of Legal and Property, Minnkota Power
Tony Clark, Senior Advisor, Wilkinson Barker Knauer LLP
4:15 PM: Mineral Management
Kate Black, Vice President, Inland Oil & Gas
5:00 PM: Closing Remarks
Tatiana Hamilton, EIC, North Dakota Law Review
Michael McGinniss, Dean, UND School of Law
Owen L. Anderson is a Professor and Distinguished Oil and Gas Scholar at the University of Texas School of Law in the Kay Bailey Hutchison Center for Energy Law & Business. He is the Eugene Kuntz Chair Emeritus and the George Lynn Cross Research Professor Emeritus at the University of Oklahoma. He regularly teaches at the University of Melbourne, the University of Sydney, and the University of Dundee.
Professor Anderson has lectured at numerous other universities and venues on six continents and throughout the United States. He has authored over 100 articles. He is a co-author of International Petroleum Transactions, Hemingway Oil and Gas Law and Taxation, Cases and Materials on Oil & Gas Law, and A Student’s Guide to Estates in Land and Future Interests. He is a co-author of the supplements to Kuntz on Oil and Gas Law. He is editor in chief of the Texas Title Standards. He served as an editor of the Oil and Gas Reporter from 1989 to 2017. He was co-author of Volume 2 of the treatise Waters and Water Rights and of the annual supplements from 1993 to 2017.
He is a member and past Vice President of Education and past Vice President of Model Contracts of the Association of International Petroleum Negotiators. He serves as form and style editor of AIPN Model Contracts. He serves on the Academic Advisory Board of the Institute for Energy Law, as Faculty Adviser to the Texas Journal of Oil, Gas and Energy Law, on the Editorial Advisory Board of the Oil and Gas, Natural Resources, and Energy Law Journal (ONE J), and was a charter member of the Executive Committee of the Journal of World Energy Law and Business. He is a member of the Texas, Oklahoma, and North Dakota bars; a life member of the National Conference of Commissioners on Uniform State Laws; a member of the American Law Institute; an honorary lifetime trustee of the Rocky Mountain Mineral Law Foundation; and a trustee of the Energy and Mineral Law Foundation. He is an arbitrator and consultant on oil and gas law and policy.
Jessica Unruh Bell
Jessica grew up in the legislative district she now represents on a ranch north of Dodge, ND, helping build an operation that now manages over 500 cattle. Following graduation from Golden Valley High School, Jessica attended North Dakota State University and received a B.S. in both Natural Resources Management and Economics in 2006. This work ethic and knowledge base led her to a career in the mining industry, focusing on land management and environmental stewardship while also helping her develop an understanding of the need for good government.
Jessica has served as the North Dakota State Senator for District 33 since 2012, representing a three county area in the west central part of the state, including Mercer, Oliver and part of Morton County. She is currently the chairman of the Finance & Taxation Committee and senior member of the Energy & Natural Resources Committee. She has previously served on the Industry, Business and Labor committee, numerous interim committees and was chosen by her colleagues as a member of Legislative Management in 2015. She is also an executive member of the Energy Council, a group of state legislators who shape energy policy across the nation and an executive member of the Streamlined Sales Tax Governing Board. Focusing on sound public policy, Jessica also works to responsibly expand behavioral health services for our vulnerable populations, in both our rural and urban areas.
A citizen legislator, Jessica works as the Environmental Manager of North Dakota Operations for The North American Coal Corporation out of the Bismarck office. She’s been involved with coal mining in North Dakota since 2004, serving in the environmental department in many capacities at different mining operations, presently overseeing the environmental activities at the three mining locations in North Dakota. She serves on the Beulah Wellness Center Foundation Board of Directors and previously served as a supervisor on the Mercer County Soil Conservation District Board and president of the local pre-school. Jessica resides in Beulah, ND with her husband, Michael, and two daughters, Ella and Eva.
Kate is a native to Bismarck, ND. Born to an Agriculturist Hall-of-Famer Dad (Wade Moser), and an Oil Industry Hall-of-Famer Mom (Lynn “Strothman” Moser), she is all-things North Dakota. Picking a college was easy, she followed in her parent’s footsteps to North Dakota State University for that not-too-close but not-too-far feeling of comfort. A ‘Pros and Cons’ worksheet steered her to a degree in mechanical engineering over architecture or graphic design. The choice proved to be wise, as there have been no regrets after finishing her degree, and maybe a just a few regrets the evenings and early mornings before exams.
Her professional career in oil and gas was unanticipated, but the timing proved just right. It was 2010 and her mom, Lynn, was in need of help seizing up all of the opportunity that the Bakken was providing. Kate was thrust into Inland’s daily duties of participating in the drilling, exploration and asset acquisition, which she now manages today. Along the way she realized that her abilities to appraise, audit and manage minerals were a coveted skill and began providing those services to her clients.
Kate currently serves as the President of the Landman’s Association of North Dakota, a board member for the Western North Dakota Region of the American Red Cross, and volunteers with her beloved church, Evangel.
Outside of her professional endeavors, she fancies watching and playing sports, traveling, spending time with (and making new) friends. Most of all she cherishes her time with her husband (Wyatt) and three girls, so long as they’re not hangry or tired. That goes for all of them.
G. Wade Caldwell
Mr. Caldwell is the President of the National Association of Royalty Owners. He is also a partner at Caldwell, East & Finlayson, PLLC in San Antonio, Texas. Mr. Wade Caldwell's practice has included a wide range of oil and gas law and commercial litigation with an emphasis on representation of mineral owners, heavy equipment dealers, real estate, construction, DTPA, collection litigation, and other complex commercial disputes.
Mr. Caldwell also has substantial experience in class actions, employment, product liability, antitrust, insurance and bankruptcy litigation. Primary clients have been mineral and land owners, financial institutions, heavy equipment dealers, and policyholders.
Mr. Caldwell has extensive trial experience and was previously the managing member of CEF from 2007-2016. He has also been recognized by BL Rankings in The Best Lawyers in America for Commercial Litigation and Oil and Gas Law in 2018 and 2019.
As a former FERC Commissioner, a Chairman and Commissioner of the North Dakota Public Service Commission, a former President of the National Association of Regulatory Utilities Commissioners, the Labor Commissioner of North Dakota, and a member of the North Dakota House of Representatives, Tony is a nationally recognized thought leader in energy policy who draws on years of government service to provide clients with analysis and strategic advice on a variety regulatory and public policy matters affecting their businesses. His tenure on the North Dakota Commission coincided with the state’s historic emergence as a leader in energy production.
He primarily works with clients in the energy and telecommunications industries, speaking frequently before groups regarding the state of the utility industry and the public policies that impact it. He has also testified multiple times before Committees of the U.S. Senate, the U.S. House, state legislators and regulatory commissioners.
Tony Clark provides clients with expert analysis and strategic advice on regulatory matters affecting their businesses. His clients include entities engaged in the production, and delivery of energy, and regulated telecommunications companies. In addition to providing inward-facing consulting services, he has represented client interests as a subject matter exert before regulatory agencies and state legislatures. Having served as both a state and federal regulatory commissioner, and as a former President of the National Association of Regulatory Utility Commissioners, Mr. Clark brings an unparalleled understanding of the nexus of state and federal utility regulation.
Julie Fedorchak has served on the Commission since 2012. She heads the business operations; pipeline, electric transmission and energy conversion siting; railroad; and consumer affairs portfolios and is the agency’s lead for issues relating to the Midwest Independent System Operations (MISO).
Whether seeking a solution to mitigate red lights on wind farms that pollute North Dakota’s night sky, or pushing for innovative ways to connect rural areas to natural gas service, Julie is constantly seeking to make government more responsive to North Dakota citizens. She led efforts to enhance the Commission’s pipeline reclamation program; she developed and received legislative approval for a state rail safety program; and she is a tireless advocate for reliable, affordable utility services.
She also reinstated the Commission’s consumer affairs portfolio to provide greater public awareness, participation and transparency in the work of the PSC.
Julie is a board member of the Organization of MISO States, vice-chair of the National Association of Regulatory Utility Commissioners (NARUC) Gas Committee, vice chair of the NARUC Task Force on Natural Gas Expansion to Unserved Areas, and serves on the Gas Technology Institute’s advisory board. She is a member of the Aspen Institute’s Rodel Class of 2015.
Julie was appointed to the Public Service Commission in December 2012 by Gov. Jack Dalrymple. In 2016 she was elected to a full six-year term. Julie is married to Mike Fedorchak of Minot. They have three children and live in Bismarck where they are involved in a number of activities and organizations.
Mark N. Fox
Mark N. Fox is the Chairman of the Mandan, Hidatsa, and Arikara Nation. Fox is a veteran of the U.S. Marine Corps and earned his law degree in 1993 from the University of North Dakota. First elected Chairman in 2014, Fox is currently serving his second term.
Chairman Fox currently serves on three federal advisory boards for the Department of Energy, Department of Interior, and the Environmental Protection Agency. He previously served on advisory boards with the Internal Revenue Service and the National Indian Gaming Commission as well. Chairman Fox also served on various national and tribal boards, including the Intertribal Monitoring Association on Trust Funds (ITMA) and four terms as Treasurer of the National Indian Gaming Association (NIGA).
Chairman Fox has also been the Vice Chairman of the United Tribes Technical Center and the United Tribes of North Dakota. He was recently elected Chairman of the Coalition of Large Tribes (COLT).
A fierce proponent of tribal sovereignty, Chairman Fox has dedicated his administration to improving the lives of all MHA Nation members. Under his leadership, tribal members have received increased education, addiction, and health services. Chairman Fox has also expanded and enhanced tribal infrastructure and transparency in governmental affairs.
Chairman Fox is renowned for his work in the areas of taxation, gaming, energy, and economic development. In his personal time, Chairman Fox enjoys participating in events that endorse good health and endurance challenges.
Justin J. Kringstad
In August 2008, Justin was appointed by the North Dakota Industrial Commission as Director of the North Dakota Pipeline Authority. Justin received his Geological Engineering degree from the University of North Dakota, where he has served on the Harold Hamm School of Geology and Geological Engineering Advisory Committee. Additionally, Justin sits on a number of industry boards and functions as an advisor to the EmPower North Dakota commission.
Prior to his time with the Pipeline Authority, Justin worked with the North Dakota Oil & Gas Division, the Energy and Environmental Research Center, the North Dakota Geological Survey, and Terra Resources.
Justin, wife Katie, and three daughters reside in Bismarck, North Dakota.
Brad McCamy is an attorney at Fredrikson & Byron, P.A. Brad’s practice focuses on oil and gas title matters, specifically mineral title examination, including the preparation of drilling title opinions, acquisition title opinions and division order title opinions involving navigable bodies of water and private, state, federal and Indian ownership. In addition to North Dakota, Brad has experience preparing title opinions in Texas and several Rocky Mountain states, including Montana and Colorado.
Brad regularly counsels clients on title curative matters, including drafting varied mineral, surface and leasehold title instruments. Additionally, Brad advises clients on complex legal matters involving operational issues, lease validity and maintenance, royalty payments and disputes of title. Outside of real property, Brad assists clients with estate administration (probate) and various corporate matters. Prior to joining Fredrikson & Byron, Brad worked for a Houston-based national law firm dedicated to serving clients in the oil and gas industry with their title concerns.
Amy Sisk covers energy and environment for the Bismarck Tribune. She previously reported for WESA, the NPR member station in Pittsburgh, as well as Prairie Public.
A Seattle native, Sisk got her start in journalism working for Inglemoor High School's newspaper, Nordic News. She went on to the University of Montana, where she worked as a page designer and reporter before becoming editor-in-chief of the school paper, the Montana Kaimin. She also reported for other student publications, including the Montana Journalism Review and Native News. She spent a semester in Helena covering the Legislature for weekly newspapers throughout the state.
Sisk first visited North Dakota on a reporting trip to the Bakken in college, and she returned in 2013 to intern for the Tioga Tribune.
Craig Smith is a Partner in the Energy, Environment and Natural Resources Department. He joined the firm in 2009 after practicing with Fleck, Mather & Strutz, Ltd. in Bismarck, North Dakota, since 1988. He has extensive experience in all areas of oil and gas law, including the preparation of drilling title opinions, division order title opinions, and acquisition title opinions in North Dakota, Montana, and Wyoming as well as representing clients in multiple oil and gas administrative, regulatory and government affairs matters.
Mr. Smith is very active in the industry’s regulatory and government affairs relating to federal, state, and legislative issues, as well as county and local matters. He served as Vice-Chairman and Chairman of the North Dakota Petroleum Council from 2008 through 2012 and currently serves on the Council’s Board and Executive Committee. In 2017 he was inducted into the North Dakota Petroleum Council Hall of Fame.
Craig has represented the oil and gas industry and the North Dakota Petroleum Council on several legal matters including the preparation of comments to BLM’s Waste Prevention Rule, successful appeal of BLM State Director’s Gas Flaring and Royalty Determination ruling, and co-authored the Council’s amicus curiae briefs filed in the North Dakota Supreme Court case Wilkinson v. State of North Dakota and Board of University and School Lands and Sorum v. State of North Dakota concerning oil and gas mineral ownership under the Missouri River and Lake Sakakawea. During the 2017 North Dakota Legislative session, Mr. Smith represented industry in support of the adoption of Senate Bill 2134, leading a comprehensive legislative effort to resolve oil and gas mineral ownership issues underlying the Missouri River and Lake Sakakawea. He has also authored and presented at national seminars regarding the recent Missouri River ordinary high water mark oil and gas title litigation and other water issues involving the Bakken play.
Andrew Sorbo is the Senior Manager of Legal and Property with Minnkota Power Cooperative, Inc., a regional generation and transmission cooperative that provides wholesale power to 11 member-owner distribution cooperatives in eastern North Dakota and northwestern Minnesota covering a 34,500 square-mile territory. The primary source of electric generation for the Minnkota member-owners is the Milton R. Young Station, a two-unit, lignite coal-based power plant located near the town of Center, N.D. Minnkota owns and operates Unit 1, while also operating Unit 2 on behalf of Square Butte Electric Cooperative. Minnkota also serves as operating agent for the Northern Municipal Power Agency, which supplies the needs of 12 associated municipals and maintains a 30 percent share in the coal-based power plant Coyote. Minnkota’s electric generation portfolio includes energy purchased from three ND wind farms, and hydroelectricity purchased from the Garrison Dam. In order to deliver power, Minnkota operates and maintains a robust set of electric transmission infrastructure, including more than 3,340 miles of transmission line and 252 substations.
Andrew provides general counsel to Minnkota, with a concentration in the areas of large-scale financing, real estate, environmental regulation/mitigation, and transmission. Andrew currently serves as the internal lead on the financing of the proposed Project Tundra, which would be the world’s largest post-combustion carbon dioxide (CO2) capture facility to be installed at the existing Milton R. Young Station.
Prior to joining Minnkota, Andrew worked at the law firm of Olson, Juntunen, & Sandberg, Ltd., as a general practice attorney, with a focus on cooperative M&A, and served as an adjunct professor in the finance department at University of North Dakota Business School.
Andrew spends all free time either working with his father on the family farm outside of Adams, ND, chasing his 4 children to all of their various events, or in the deer woods with bow in hand.