TRANSACTIONS & LITIGATION
NATURAL RESOURCES TRANSACTIONS & LITIGATION
We have more than 50 years of combined experience helping both major and independent energy producers, landowners, oil field service providers and investors in connection with leasing, exploring, discovering, acquiring, developing, producing, and marketing California’s natural resources. We are highly proficient in the complex business issues associated with natural resource production and have represented clients in a variety of related matters, including:
- Asset and entity purchase and sale transactions
- Oil and gas title matters
- 1031 exchanges
- Joint operating agreements
- Assignments and deeds
- Farm-out agreements
- Mergers and acquisitions
- Litigation and disputes
- Federal, state and local regulatory matters
- Burgeoning carbon capture and sequestration projects
We have substantial knowledge and experience in disputes and litigation that arise during all phases of natural resources exploration, development, and production, including royalty disputes, mineral ownership, operating agreements, lease termination, environmental cleanup, and commercial transactions involving purchase and sales agreements.
We help operators and landowners understand their legal rights and responsibilities and navigate their way through California’s increasingly complex and uncertain statutes and administrative regulations. We help our clients understand and comply with the California Environmental Quality Act (CEQA), the California Public Resources Code and related regulations of the Department of Conservation, Division of Geologic Energy Management (CalGEM), local county and city permitting and entitlement requirements, and applicable state, federal and local environmental laws.
We are experts at assisting and protecting business clients, working closely and creatively with them to secure the results that they desire in an efficient and cost-effective way. Whether you are seeking to create a new business, expand your current company, buy and/or sell assets, or solve an unforeseen or unavoidable problem, we have the experience, dedication and skill to help your business successfully accomplish its goals.
We provide advisory, transactional and litigation services for clients on a broad array of corporate and business law issues, including:
- Corporation, limited liability company and partnership formation
- Corporate governance
- Corporate restructuring
- Business and growth strategies
- Mergers and acquisitions
- Contract drafting and review
- Asset purchase, sale and financing transactions
- Commercial litigation
- Partnership, member, and shareholder disputes
- Corporate securities
- Loans and security agreements
Understanding the full scope of California’s complex and overlapping environmental laws requires detailed knowledge and experience with federal and state statutes and agency regulations, traditional common law property rights and remedies, and the benefits and limitations of contractual protections and insurance. We understand how important it is for clients to be environmentally responsible while at the same time moving their businesses forward. That often-difficult balance requires sound judgment, access to and influence with the regulatory decision makers, and real-world common sense.
We have considerable knowledge of and experience with the following regulatory programs:
- California Environmental Quality Act
- California Porter-Cologne Water Quality Act
- California Hazardous Substances Account Act
- California Public Resources Code and CalGEM Regulations
- Federal Resource Conservation and Recovery Act
- National Environmental Policy Act
- Federal Comprehensive Environmental Response Compensation and Liability Act
- Federal Clean Water Act
- Federal Safe Drinking Water Act
- Federal Oil Pollution Act
In addition, we have successfully handled numerous environmental disputes and litigation matters involving common law claims and remedies, including surface and subsurface trespass and public and private nuisance.
All businesses, no matter how well they are managed, sometimes find themselves involved in disputes that they are unable to resolve without professional legal assistance. We are experts at assisting our business clients in resolving those difficult problems. In particular, we have the knowledge, know-how, relationships, reputation and experience to help you and your business resolve the following types of disputes:
- Breaches of contract, including corporate and business, real estate, and oil and gas leases, title, and operations disputes
- Business torts, including fraud, trespass, and nuisance claims
- Environmental disputes, including public agency and private enforcement matters
- Regulatory permitting and entitlement disputes, particularly including administrative land use issues in the California natural resources industries
If your business is being threatened by someone else’s conduct or by a meritless claim against you, you need to vigorously protect your rights while, at the same time, find a sound business solution that will allow you to return your focus where it belongs – on the business itself.