Nick A. Swartzendruber

Member

Nick has served the natural resources industry for over two decades, becoming a trusted advisor and advocate in navigating the complexities of oil and gas law. His practice encompasses a broad range of litigation and regulatory matters, with a focus on title disputes, joint operations, and other challenges that arise from exploration and development.

Nick’s experience includes JOA and COPAS litigation, quiet title actions, oil and gas mechanic’s lien foreclosures, access disputes, royalty payment issues, contested oil and gas commission proceedings, and assisting in the development of public lands. Beyond his litigation knowledge, he has substantial experience guiding clients through mineral development transactions, including purchase and sale agreements, farmout agreements, and surface use arrangements.

Nick takes a pragmatic and cost-conscious approach to lawyering, combining legal acumen with an understanding of the interpersonal and business dynamics underlying his clients’ challenges. Whether assessing risk and identifying opportunities for resolution or advocating in the courtroom, Nick is committed to achieving results that align with his clients’ goals.

Court Admissions

U.S. Supreme Court
U.S. Court of Appeals for the Tenth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Eighth Circuit

Significant Representation

Riggs Oil & Gas Corp. v. Jonah Energy LLC, 555 P.3d 90 (Colo. App. 2024)
Behrens Resources, Inc. v. Overland Resources, LLC, 2023 Colo. App. LEXIS 1494 (Colo. App., Sept. 28, 2023)
Riggs Oil & Gas Corp. v. Jonah Energy LLC, 2020 Colo. App. LEXIS 2026 (Colo. App., Dec. 10, 2020)
Northern Oil & Gas, Inc. v. EOG Res., Inc., 970 F.3d 889 (8th Cir. 2020)
Northern Oil & Gas, Inc. v. Continental Res., Inc., 2018 U.S. App. LEXIS 36198 (9th Cir., Dec. 21, 2018)
Bell v. Land Title Guarantee Co., 422 P.3d 613 (Colo. App. 2018)
Pawnee Well Users, Inc. v. Wolfe, 320 P.3d 320 (Colo. 2013)
Laramie Energy II, LLC, 182 IBLA 317 (2012)
Jacobson v. Cobbs, 160 P.3d 654 (Wyo. 2007)

Representative Experience

Obtained restraining orders and preliminary injunctive relief on behalf of operators and midstream clients based on interference with easements and other rights of surface use
Represented oil and gas companies in various rulemakings before the Colorado Energy and Carbon Management Commission and the Colorado Division of Water Resources
Successfully defended federally approved units in IBLA appeal filed by protestant challenging unitization
Obtained suspensions of operations and production on behalf of federal oil and gas lessees
Negotiated favorable settlement for small operator in administrative proceedings to challenge penalties assessed by U.S. Department of the Interior

Obtained favorable settlement for non-operator against operator for loss of wellbore caused by well stimulation
Successfully defended major landowner in county proceedings brought by developer to recognize alleged county roads across owner’s land
Successfully sought stay of agency action for small operator in judicial proceedings based on irreparable harm
Defeated proposed drilling and spacing unit on behalf of non-operator based on violations of correlative rights and waste

See All Representative Experience

Licensed In

Colorado
North Dakota
Wyoming

Education

J.D. University of Wyoming College of Law

B.A. University of Colorado at Colorado Springs

Memberships

Colorado Bar Association
Denver Bar Association
The Foundation for Natural Resources and Energy Law
Denver Association of Professional Landmen

Speaking Engagements

Co-Presenter, “Access to the Leasehold, Federal Oil & Gas Leasing, Development, and Operations,” The Foundation for Natural Resources and Energy Law (October 2023)
“History, the Government Survey, and Basic Oil and Gas Leasing Legislation,” Federal Oil and Gas Leasing Short Course, Rocky Mountain Mineral Law Foundation (October 2019, October 2015, and October 2013)
“Regulatory Considerations in North Dakota: A Litigator’s Perspective, Denver Association of Petroleum Landmen,” 45th Annual Fall Land Institute (October 2018)
“Legal Ethics in Energy Law, Fracking Law: From Land Contract Negotiations to Environmental Disputes,” National Business Institute (September 2014, December 2013, and September 2012)
“Water, Water Everywhere: An Update on the Water Law Regulatory Landscape,” Denver Association of Petroleum Landmen Luncheon Speaker Series (April 2014)
“Legal Challenges Associated with Horizontal Drilling and Completion Technology,” Colorado Bar Association, Young Lawyers Division (November 2011)
“Permitting & Administering Oil & Gas Wells under Colorado Water Law,” Denver Association of Petroleum Landmen Luncheon Speaker Series (September 2010)
“Regulatory Interface between the State of Colorado & Federal Agencies,” Mesa State College Energy Management Symposium (September 2009)
“The Ways and Means of Farmouts & Joint Operating Agreements,” Oil and Gas Law Basics by the Experts, Colorado Bar Association, Natural Resources & Energy Law Section (May 2009)

Publications

“The Fundamentals of Oil and Gas Mechanic’s Liens,” Denver Association of Petroleum Landmen, Rocky Mountain Landman (November 2020)
“The Agency Relationship with a Contract Landman,” Denver Association of Petroleum Landmen, Rocky Mountain Landman (December 2019)
“Obtaining Temporary Restraining Orders & Injunctions in Access Disputes,“ Denver Association of Petroleum Landmen, Rocky Mountain Landman (March 2011)

Licensed In

Colorado
North Dakota
Wyoming

Education

J.D. University of Wyoming College of Law

B.A. University of Colorado at Colorado Springs

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