Please join us for two seminars on current enforcement issues affecting oil and gas operators in Colorado. Our first panel, on April 17, will begin by discussing recent changes to the Colorado Oil and Gas Conservation Commission’s (COGCC) enforcement program including changes to the notice of alleged violation (NOAV) process and certain new templates, tools, and procedures. We will also address the agency’s Draft Enforcement Guidance and Penalty Policy in addition to its recommended amendments to the penalty provisions of the Oil and Gas Conservation Act.

Next, we will cover the COGCC’s new spill reporting rules and forms, as well as concurrent reporting obligations to the Colorado Department of Public Health and Environment (CDPHE) and/or EPA in certain circumstances. We will also discuss COGCC’s newly-issued “Lessons Learned” flood evaluation report and future enforcement ramifications. Finally, we will present a case study that highlights the benefits and drawbacks of enforcement action by the COGCC versus the CDPHE and strategies for negotiating settlements and consent orders.

Our speakers for this first enforcement program are:

• Adam Cohen, Partner, Davis Graham
• Roger Freeman, Partner, Davis Graham
• Dave Neslin, Partner, Davis Graham

Part Two of this series, being held on May 8, will focus on (1) air enforcement trends and developments in Colorado and EPA Region 8, and (2) stormwater and wetland issues including enforcement under section 404 of the Clean Water Act. We hope you can join us for one or both of these programs.

Event Information

April 17, 2014

Breakfast | 7:30 AM
Program | 8-9:30 AM

Presentation Materials

In this first session, moderated by Davis Graham & Stubbs’ Zach Miller, we will hear from Advanced Industries grant winners in combination with a study from NREL that challenges traditional thinking around wind power’s variability on the power grid.

Presentation Materials

Please join us for this seminar that will focus on the IADC Daywork Drilling Contract. This seminar is for in-house attorneys, drilling managers, operations engineers, and risk management personnel who participate in the negotiation of drilling contracts and obtaining liability insurance.

The IADC Daywork Drilling Contract is the most commonly used contract in connection with the drilling of wells in the Rockies and all other on-shore regions of the United States. It includes a number of risk allocation or shifting provisions with major economic and insurance ramifications, including becoming responsible for the repair or replacement of the drilling rig and injuries to other contractors caused by actions of the drilling contractor. This seminar will focus on those risk shifting provisions and related insurance coverage issues presented by this contract form. Our speakers have assisted clients in negotiating many drilling contracts and in addressing related insurance issues. The speakers for this program are:

• Gene Lang, Of Counsel, Davis Graham & Stubbs, LLP
• Randy Pharo, Of Counsel, Davis Graham & Stubbs, LLP
• Theresa Fadul, Executive Vice President and Director of Energy Practice, IMA, Inc.

Event Information

March 13, 2014

Breakfast | 7:30 AM
Program | 8:00 – 9:00 AM

Please join us for this seminar that will focus on changes in Colorado and federal employment laws and will provide practical guidance to ensure compliance.

Our guest speaker, Peter Wingate, Deputy Director of the Colorado Division of Labor, will discuss wage and hour issues affecting Colorado employers.

Davis Graham partners Janet Savage and Brett Painter will then share answers to some commonly-asked legal questions. Topics will include:

• Wage and hour developments
• The new credit history law
• The new social media law
• Employment verification

Presentation Materials

Please join us for a well-informed and balanced roundtable discussion of the challenges and opportunities posed by climate change for the Rocky Mountain West from three different perspectives, including:

• Shaun McGrath, Regional Administrator of the EPA, Region 8
• Kathleen Sgamma, Vice President of Government & Public Affairs, Western Energy Alliance
• Amelia Peterson, Senior Research Associate, Governors’ Climate & Forests Task Force, University of Colorado Law School Research Faculty
• Eric Waeckerlin, Attorney, Davis Graham & Stubbs LLP, moderator

Topics will include:

• The Obama Administration’s recent Climate Action Plan and Executive Order
• What to expect from federal agencies implementing the President’s plan
• Opportunities and challenges for the West’s energy sector
• Thoughts on the future of renewable energy projects in the West
• Implications of drought and drought-preparedness
• The role of state, local, and tribal governments in addressing climate change

Climate change continues to present some of the most vexing challenges of our time. Perhaps nowhere are those challenges more difficult than in the arid West – a vast area rich in natural resources, short on water, and growing in population. In the absence of Congressional greenhouse gas legislation or a comprehensive energy policy, climate change has been addressed largely through piecemeal court decisions and various legislative and administrative initiatives. Increasingly, states, local governments, and tribes are taking action. The resulting patchwork regulatory framework has created uncertainty for all stakeholders, including most notably those in the energy sector. How and where the issues of climate change regulation and policy are resolved will largely shape our energy future; and the stakes for the Western economy are significant. Join us as we discuss these developments, challenges, and opportunities.

Event Information

Friday, December 13

Breakfast | 7:30 AM
Program | 8-9:00 AM

Sommelier Mark Hejtmanek is a Certified Wine Instructor with the International Wine Guild and will guide us through a wine education class, which will include:

• A review of basic wine tasting
• Comparison of “Old World” and “New World” wine traits
• Introduction to the wines in the Bordeaux Region in France
• Question and answer session followed by a tasting

Please join us for this seminar on the Affordable Care Act. We are fortunate to have Lindy Hinman from the Colorado Health Benefit Exchange here to discuss the Colorado Exchange and answer your questions.

Topics will include:

• The Affordable Care Act: What Every Employer Should Know
• The Colorado Exchange: How It Works
• Compliance Milestones in 2013, 2014, and Beyond
• Understanding Your Options

Speakers for this program are:

• Lindy Hinman, Chief Operating Officer, Colorado Health Benefit Exchange
• Peter Rose, Attorney, Davis Graham & Stubbs LLP

Event Information

Wednesday, November 6, 2013

Breakfast | 7:30 AM
Program | 8:00 – 9:00 AM

Please join us for this seminar that will focus on surface owner notice, negotiation, agreement, and dispute issues related to oil and gas operations.

Topics will include a discussion of the mineral lessee’s rights and responsibilities, an overview of Commission Rules on contacting the surface owner, and how to document your negotiation and discussions. Our speakers will also address what to do when you reach an impasse, when to involve legal counsel, and seeking court intervention, if necessary.

This program has been accredited for 1 Continuing Legal Education Credit for Colorado, 1 RPL continuing education credit, and 1 CPL recertification credit.

Event Information

Tuesday, October 22

Breakfast | 7:30 AM
Program | 8-9:00 AM

Please join us for this seminar that will focus on recent air emission studies and issues related to oil and gas operations. As concerns over increased oil and gas activity using hydraulic fracturing continue to mount, significant efforts and focus have turned to air emissions – both from oil and gas operations generally, and hydraulic fracturing specifically. In this session, our speakers, who have been and are involved in the forefront of these issues, will present an overview of completed and ongoing studies regarding the impact of airborne emissions associated with oil and gas operations.

Topics will include a general overview of air emissions studies focused on oil and gas activities to date, and a detailed discussion of the ongoing Garfield County Gas Emission Study conducted by Colorado State University and Air Resource Specialists, Inc. with input from a technical advisory committee. Finally, we will briefly highlight the latest litigation and regulatory developments related to hydraulic fracturing.

Speakers for this program are:

• Dr. Jeffrey L. Collett, Professor and Department Head, Colorado State University Department of Atmospheric Science
• Eric Waeckerlin, Associate, Davis Graham & Stubbs LLP

Moderated by:

• Gail Wurtzler, Partner, Davis Graham & Stubbs LLP

Event Details

Friday, September 20

Breakfast | 8:30 AM
Program | 9-10:00 AM

Event Materials

• Characterizing Air Emissions from Natural Gas Drilling and Well Completion Operations, Dr. Jeffrey L. Collett, Professor and Department Head, Colorado State University Department of Atmospheric Science
• A Survey of Key Oil & Gas-Related Air Emissions Studies, Eric Waeckerlin, Davis Graham & Stubbs LLP
• Fracking Litigation Update & Watch List, Gail Wurtzler and Eric Waeckerlin, Davis Graham & Stubbs LLP