Mineral Title & Energy Real Estate

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Mineral Title & Energy Real Estate

A part of the energy team, our Mineral Title and Energy Real Estate attorneys have a sophisticated and detailed understanding of the legal aspects of exploring for, producing and transporting, natural gas, oil, coal and coalbed methane throughout Colorado, Kentucky, Ohio, Pennsylvania, Texas, and West Virginia. Our flexible production model allows our mineral law and energy real estate lawyers, paraprofessionals, abstractors, title analysts and landmen to effectively service the needs of energy developers, public utilities, midstream transmission services and commercial lenders in a wide range of mineral title and energy industry real estate transactions.

103 Team Members

We're all in this together
Kei Ashizawa
Associate
Derrick Bachman
Associate
Zahava Bennett
Associate
Kacie Bevers
Associate
Nicholas Borror
Associate
Matthew Brock
Associate
Marc Bryson
Associate
Sean Buckley
Associate
Amy Cann
Associate
Chavon Carr
Associate
Roger Christenson II
Associate
Holly Christie
Associate
Michael Clemens
Associate
Cheryl Davis
Of Counsel
Kevin DeHart
Associate
Cole DeLancey
Associate
Justin Fisher
Associate
Sharon Flanery
Member
Gillian Flick
Associate
James Garvin
Of Counsel
Zachary Gaver
Associate
Aimee Goddard
Associate
Andrew Graham
Member
Andrew Graham
Associate
Stephen Gregory
Of Counsel
Philip Griffith
Of Counsel
Melissa Grobler
Associate
Erika Groves
Associate
Serry Habash
Associate
Janelle Hackman
Associate
Misty Heitz
Of Counsel
Teresa Helmick
Of Counsel
Scott Henderson
Of Counsel
Michael Hensley
Associate
Gary Holland
Of Counsel
Nathaniel Holland
Of Counsel
Taylor Lewis
Associate
Randall Light
Member
K. Lucas
Associate
Elaine McClure
Associate
Jessie Mook
Associate
Ryan Morgan
Member
Jennifer Mosesso
Associate
Wendy Mullen
Associate
Russel Nakaishi
Associate
James Nicas
Of Counsel
William O'Brien
Associate
Susan Pauley
Of Counsel
Bryan Prosek
Member
T. Rose
Associate
Timothy Rounds
Of Counsel
Melissa Rounds
Of Counsel
Davin Seamon
Member
William Smith
Associate
Kelli Smith
Associate
George Snell
Of Counsel
Ashley Tallichet
Associate
Kenneth Tallman
Of Counsel
Glenn Thompson
Of Counsel
M. Turley
Of Counsel
William Walker
Associate
Zachary Wallen
Associate
Sarah Webster
Associate
Sean Whalen
Associate

Know How

Alert West Virginia Supreme Court Rules Surface Owners Have No Right to Appeal Well Work Permits
Today the West Virginia Supreme Court of Appeals issued an important decision regarding whether surface owners have a right to appeal well work permits issued by the West Virginia Department of Environmental Protection in the state's circuit courts. 
Webinar August 2012 - Webcast Presentation - Trucking Companies to Independent Contractors: New Regulations in the Utica & Marcellus Shales
To watch and listen to a recording of this webcast, CLICK HERE.August 2012 - Energy Keynote Webcast Trucking Companies to Independent Contractors: New Regulations in the Utica & Marcellus ShalesOn June 5, 2012 the Federal Motor Carrier Safety Administration (FMCSA) issued updated guidance to clarify the applicability of the “Oilfield Operations” exceptions to the "Hours of Service" regulations for commercial drivers. The exception has gotten more attention recently as a result of increased Marcellus drilling activities in the Northeast; and a number of highway deaths linked to commercial drivers operating vehicles in excess of the permitted hours of service.
Webinar July 2012 - Webcast Slides - Mineral Title Litigation & Litigation Trends in the Utica and Marcellus Shales
Mineral Title Litigation & Litigation Trends in the Utica and Marcellus ShalesThe ongoing development of the Utica and Marcellus shales has resulted in increased mineral title litigation and varying litigation trends throughout Ohio, Pennsylvania and West Virginia.  In this webcast, Kevin West and Jim Wright will discuss these issues and how they affect energy developers doing business in the region.Discussion includes:Curing title issuesHow WV, OH, and PA are differentCurrent litigation trends in the Utica and MarcellusWays to protect yourself
Webinar July 2012 - Webcast Presentation - Mineral Title Litigation & Litigation Trends in the Utica and Marcellus Shales
To watch and listen to a recording of this webcast, CLICK HERE.July 2012 - Energy Keynote Webcast Mineral Title Litigation & Litigation Trends in the Utica and Marcellus ShalesThe ongoing development of the Utica and Marcellus shales has resulted in increased mineral title litigation and varying litigation trends throughout Ohio, Pennsylvania and West Virginia.  In this webcast, Kevin West and Jim Wright will discuss these issues and how they affect energy developers doing business in the region.Discussion includes:Curing title issuesHow WV, OH, and PA are differentCurrent litigation trends in the Utica and MarcellusWays to protect yourself 
Webinar May 2012 - Webcast Presentation - Current Issues in Titles, Spacing and Pooling in the Utica Shale
To watch and listen to a recording of this webcast, CLICK HERE.May 2012 - Energy Keynote Webcast Current Issues in Titles, Spacing and Pooling in the Utica ShaleThe development of the Utica Shale in Ohio presents many unique issues involving mineral title and leasing and also drilling units and pooling.  In this webcast, Neal Pierce and Tim McKeen will discuss some of the current title issues in Ohio and provide an overview of Ohio’s spacing and pooling law. Discussion includes:
Webinar December 2011 - Webcast Slides - New WV Legislation Regulates Horizontal Gas Wells - A Discussion of Key Facets of the Bill
New WV Legislation Regulates Horizontal Gas Wells - A Discussion of Key Facets of the BillThe West Virginia Legislature passed landmark legislation on December 14th to regulate horizontal oil and gas wells.  Although the bill technically addresses horizontal wells in general, the purpose of the legislation is to address the oncoming growth of oil and gas development in the Marcellus shale in West Virginia. In this webcast, Energy Team Leader Sharon Flanery, Government Relations Coordinator Gil White, and Environmental and Regulatory attorney Armando Benincasa will discuss the legislation and the significant issues addressed within the bill. Discussion included:
Webinar October 2011 - Webcast Presentation - Ohio Title Issues
To watch and listen to a recording of this webcast, CLICK HERE.October 2011 - Energy Keynote Webcast Ohio Title IssuesAs the Marcellus and Utica shale plays continue to grow in Ohio, issues regarding title have come to the forefront. This webcast addresses the specifics of Ohio titles and what the law specifies in regards to minerals, royalties, apportionment and other topics of concern.Discussion included:Ohio's Dormant Mineral ActRecording requirementsWhere to find recordsTitle standards

Representative Experience

  • Assisted clients with the mineral title examinations and preparation of mineral title opinions

  • Performed due diligence for transactions of mineral assets, including coal, oil and gas involving title review and title defect curative work

  • Train individual associates to write Appalachian-style title opinions in Ohio, Pennsylvania, and West Virginia, and create and participate in firm-wide title opinion training sessions

  • Developed and implemented methods of evaluating and providing feedback on work product to abstractors, paralegals, and associates to promote consistency and improve efficiency

  • Conducted mineral title examinations in multiple West Virginia record rooms

  • Review and interpret deeds, oil and gas leases, assignments, and estate documents affecting title to real property

  • Assist litigators with title analysis in preparation for filing missing heirs petitions and quiet title actions

  • Advise clients on various issues affecting mineral development, including title defects and appropriate curative actions

  • Draft and render oil and gas title opinions, including complex calculations of ownership and leasehold interests

  • Review and revise drafts of oil and gas, surface, and coal title opinions written by associates and paralegals

  • Calculated non-participating royalty interests, working interests, net revenue interests, and overriding royalty interests for numerous leased parcels of land in the Utica shale

  • Drafted original, drilling, acquisition, and supplemental title opinions to assist in the exploration of oil and gas properties in the Utica shale

  • Analyzed title runsheets and accompanying instruments from sovereignty forward to advise clients of clouds on title, offer curative advice, and verify that all mineral owners had been leased properly

  • Performed stand-up and due diligence analysis and provided curative measures on mineral title

  • Examined mineral ownership and drafted title opinions on tracts of land located throughout Texas and Ohio

  • Handles matters involving mineral acquisitions and divestitures, including coordination and performance of due diligence and title defect curative work

  • Advised regarding various complicated title issues and drafted title opinions

  • Analyzed title run sheets, deeds, contracts, deeds of trust, assignments, leases and probate, divorce and guardianship to verify that all current mineral owners have been leased properly

  • Drafted original drilling title opinions, division order title opinions, lease acquisition title opinions and supplemental title opinions identifying problems in the chain of title and explaining steps to solve said problems

  • Participated in representation of clients in the acquisition and condemation of rights of way

  • Performed independent research and prepared analysis of various state laws with respect to escheat for one of the major oil and gas companies

  • Performed due diligence for the acquisition of mineral assets by various clients

  • Rendered title opinions of all types for large and small operators covering both rural and urban lands in Texas

  • Experienced in preparing leases, deeds, easements and other related agreements

  • Handled matters involving mineral transactions and acquisitions, including the coordination and performance of due diligence and title defect curative work

  • Assisted clients with performance of mineral title examinations and preparation of mineral title opinions

  • Draft and render oil and gas title opinions and division order title opinions of the most complex nature

  • Review and interpret various types of surface, royalty and mineral deeds, oil and gas leases, oil and gas lease assignments, joint operating agreements, probate and estate planning documents and various other instruments affecting records title to real property

  • Handled acquisitions and divestitures of minerals and commercial real estate

  • Negotiated and prepared oil and gas leases

  • Advised clients as to the business risks associated with certain title defects

  • Coordinated teams of attorneys and paraprofessionals for various mineral projects in West Virginia, Pennsylvania, and Ohio

  • Drafted curative documents pertaining to oil and gas title defects

  • Conducted title examinations, drafted and reviewed title opinions

  • Performed title work for coal operator in advance of mining

  • Performed title work and due diligence review for acquisition of coal reserves

  • Performed title examinations and rendered title opinions with respect to coal ownership in connection with acquisition and development of coal reserves

  • Performed due diligence by assisting in evaluating and determining marketability of client's assets for energy transactions

  • Prepared and reviewed title examinations and drafted title opinions

  • Conducted and prepared full title abstracts on coal, oil, gas and other minerals in various counties of West Virginia and Ohio

  • Provided landman services for oil and gas exploration and production companies in leasing programs for Marcellus and Utica plays in Ohio, West Virginia and Pennsylvania

  • Conducted oil, gas, coal, surface, and other mineral rights title examinations for energy companies in various counties within Pennsylvania, Ohio, and West Virginia to create a full title abstract which included a review of deeds, estate records, leases, taxes, tax maps, liens and judgments against property, right of ways and easements, and flowcharts of the ownership interests

  • Performed title abstracting in West Virginia and Pennsylvania

  • Performed real property title examinations and drafted title opinions to assist clients in determining  ownership and leasehold interests of oil and gas, coal and surface estates

  • Performed title abstracting in Pennsylvania and West Virginia

  • Prepared and reviewed drilling title opinions for oil and gas clients

  • Assisted clients with the performance and preparation of oil, gas, coal, and mineral title opinions

  • Performed mineral title examinations and prepared drilling title opinions

  • Represented Fortune 500 energy client before regulatory agencies and provided key guidance in developing process to establish pooling units for largest active coalbed methane production program in state

  • Coordinate with other attorneys and staff to develop and improve workflow processes and systems

  • Researched ownership of title and leasehold interests for surface, coal, oil, gas and other mineral rights

  • Assisted multiple clients with the review and analysis of title abstracts involving both coal and oil and gas mineral properties, including the preparation of numerous title opinions identifying the legal risks of mining or developing these properties, and recommended cures and mitigation strategies regarding title defects and irregularities

  • Assisted clients with the performance and preparation of mineral title opinions

  • Team leader responsible for numerous asset and equity transactions, lease transactions, and due diligence for acquisitions or divestitures, as lead or local counsel, involving over 1,000,000 gross oil and gas acres and involving hundreds of millions of tons of coal

  • Drafted mineral title opinions

  • Assisted with mineral due diligence projects

Susan S. Brewer

"We believe that trusting relationships are essential to achieving client goals, but don't take my word for it, ask one of our clients.

Learn More About Susan

 

Did you know?

One Firm

Ours is a client-of-the-firm culture, service model and compensation system that matches the best talent to the assignment and puts your economic interest ahead of ours.

Leaders in our Field

Steptoe & Johnson was the first firm to successfully secure regulatory approval for a multi-lateral Utica shale well.

10.5 Years

equals the average tenure of our client relationship. We'd like to be in it for the long haul with you too.

Leaders in our Field

22 of us are ranked as “Leaders in their Field” by Chambers USA.

14 Offices Throughout the U.S.

14 offices throughout Colorado, Kentucky, Ohio, Pennsylvania, Texas and West Virginia.

Face-to-Face Client Interviews

25+ face-to-face client interviews are conducted every year by our CEO and firm management to learn how we can do better (so please give us an earful).

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  • To Choose Steptoe & Johnson
  • that prove we're in it together. You need a willing partner who understands that something always true
  • isn't just about giving advice, but is really about active listening and proactive thinking.
  • well, need we say more? But our workflow efficiency depends on our
  • how much we understand your business and share insights to deliver superior
  • tailored to meet your needs. At Steptoe & Johnson, we belive if we do these things well, we'll deliver value in all we do.