Brent D. Chicken
Member
Energy
J.D. University of Denver
B.S. Florida State University
Office:
Denver, CO
(303) 389-4364
Biography
Brent is an experienced energy and natural resources attorney with extensive knowledge of the challenges faced by exploration and production, midstream and downstream/utility companies operating in the energy industry. He regularly represents his clients in complex commercial litigation disputes, business transactions, administrative/regulatory law and procedure, and title examination matters. In his litigation practice, Brent frequently defends his clients’ interests in the courtroom, in arbitration and in mediation related to various mineral matters, including constitutional, contract and real property issues. For his clients that are undertaking transactions, he provides guidance on title, due diligence and contractual issues during the purchase and sale of oil, gas and mining properties involving mixed fee, state, federal and tribal rights, and prepares accompanying sale, indemnity, surface use and subsurface penetration agreements.
In the regulatory realm, Brent advocates for his clients before various state and federal oil, gas and mining agencies; prepares and presents regulatory applications for well spacing, well density, well location exemptions, statutory pooling, flaring, bonding, and mine delineation; undertakes administrative appeals of negative agency decisions and inspections; and defends application protests.
Additionally, Brent regularly prepares comprehensive drilling, division order and acquisition mineral title opinions involving fee, state, federal and tribal lands. These include, but are not limited to, specialty opinions involving natural gas storage units, solution mining, hard rock mines, and “gob gas” areas. Brent also routinely counsels clients in tackling title curative matters, including negotiating and drafting various mineral and surface title instruments.
Prior to joining Steptoe & Johnson, Brent was a partner at a large national oil and gas firm, and two Denver-based energy firms, focusing on energy and natural resources litigation, oil and gas transactions, administrative and regulatory matters and title examination due diligence.
Memberships & Awards
Professional
The Best Lawyers in America®, Litigation - Environmental (2023-Present)Utah State Bar, May 2014 - PresentMember, Real Property, Probate & Trust Section, North Dakota State Bar, January 2012 - PresentMember, Natural Resource, Energy & Environmental Law Section, Montana State Bar, May 2008 – PresentMember, Mineral Law Section, Wyoming State Bar, June 2006 - PresentMember, Natural Resources and Energy Law Section, Colorado State Bar, May 2005 - PresentDenver Bar Association
Key Experience
Regulatory/Administrative
Advised multiple clients on the full scope of regulatory requirements and procedures for the conduct of oil and gas operations in Montana, the necessary filings with the Montana Board of Oil and Gas Conservation, surface owner notification requirements and Ft Peck Tribe Tribal Employment Rights Ordinance compliance
Represented an oil and gas exploration company in the lifting of a $20,000 regulatory operations bond suspension and the acquisition of county permits to allow the conduct of exploration and development operations on lands in southwest Colorado
Know-How
Webcast
Alert
Work Experience
2018 Steptoe & Johnson PLLC
2014-2018 Fox Rothschild LLP
2011-2014 Burleson LLP
2006-2011 Beatty & Wozniak, P.C.
2003-2006 Poulson, Odell & Peterson, LLC
2014-2018 Fox Rothschild LLP
2011-2014 Burleson LLP
2006-2011 Beatty & Wozniak, P.C.
2003-2006 Poulson, Odell & Peterson, LLC
Speaking Engagements
PRESENTATION: "Legal Considerations of Geothermal Energy Projects" American Association of Professional Landmen · Mar 9, 2022American Association of Professional Landmen · Mar 9, 2022PRESENTATION: "Legal Considerations of Geothermal Energy Projects" Colorado Bar Association - Natural Resources and Energy Law Section · Feb 8, 2022Colorado Bar Association - Natural Resources and Energy Law Section · Feb 8, 2022PRESENTATION: "Legal Considerations of Geothermal Energy Projects" Steptoe & Johnson PLLC: Rockies Webcast Series · Jan 5, 2022Steptoe & Johnson PLLC: Rockies Webcast Series · Jan 5, 2022PRESENTATION: "In the Rockies: Colorado, Utah & Wyoming" Steptoe & Johnson PLLC: Capturing the Energy of Renewables · Apr 7, 2021PRESENTATION: “Oil and Gas Lien Considerations,” Steptoe & Johnson Rockies Webcast Series, September 29, 2020PRESENTATION: “Multi-State Regulatory and Legislative Updates,” Steptoe & Johnson Rockies Webcast Series, September 15, 2020 PRESENTATION: “Multi-State Case Law Update,” Steptoe & Johnson Rockies Webcast Series, September 8, 2020PRESENTATION: “Determining Operatorship in the Rockies,” April 1, 2019, Permian Basin Association of Division Order Analysts, Annual MeetingPRESENTATION: “Concurrent Surface and Mineral Estate Development: Understanding the Oil & Gas Components of Your Development Project,” Oct. 12, 2018, Colorado Bar Association, Real Estate Section, Annual Fall UpdatePRESENTATION: "Gaming the System: Recognizing Regulatory Loopholes," Sep 21, 2018, National Association of Land Title Analysts 2018 Annual MeetingPRESENTATION: "Subsurface Trespass in the Rockies in Light of Anadarko v. Lightning," Sep 21, 2018, National Association of Lease Title Analysts 2018 Annual MeetingRMMLF COMMITTEE MEMBER: "Drafting and Negotiating the Modern Oil & Gas Lease," May 3, 2018, Rocky Mountain Mineral Law FoundationARTICLE: "Field Landman Question of the Month: Continental v. Counce," Feb 2018, The Rocky Mountain Landman, Vol. 35, Issue 7 (Denver Association of Petroleum Landmen)PRESENTATION: "Anatomy of a Title Opinion" National Association of Division Order Analysts Annual Meeting, November 2017ARTICLE: "Field Landman Question of the Month: Landman vs. Attorney Ethics" The Rocky Mountain Landman, Vol. 35, Issue 2, Denver Association of Petroleum Landmen, September 2017PANELIST: "Acquisitions & Divestitures Finance Panel" American Association of Professional Landmen Annual Meeting, June 2017MODERATOR: "Oil & Gas Agreements: Surface Use in the 21st Century" Rocky Mountain Mineral Law Foundation Special Institute, May 2017PRESENTATION: "Anatomy of a Title Opinion" National Association of Division Order Analysts, Spring 2017 Webinar Series, April 2017PRESENTATION: "North Dakota's 'Statutory JOA': Rights, Obligations and Liabilities of Operators and Non-Operators" National Association of Division Order Analysts, Spring 2017 Webinar Series, March 2017PRESENTATION: "The Model Form JOA - An Overview and Legacy Considerations" Denver Association of Petroleum Landmen, Spring Speaker Series Luncheon, March 2017ARTICLE: “Field Landman Question of the Month: Bankruptcy Sale PSA Terms” The Rocky Mountain Landman, Vol. 34, Issue 5, Denver Association of Petroleum Landmen, December 2016PRESENTATION: “The Model Form JOA – An Overview and Considerations in Light of Modern Development” Natural Association of Division Order Analysts Annual Meeting, September 2016MODERATOR: “Plugging the Financial Well: Coping with Customers and Competitors in Bankrutpcy” Fox Rothschild, LLP/Crescent Point Energy U.S. Corp. Joint Industry Presentation, August 2016ARTICLE: “Field Landman Question of the Month: Offsetting of Non-Operator’s Costs Against Production” The Rocky Mountain Landman, Vol. 33, Issue 8, Denver Association of Petroleum Landmen, May 2016ARTICLE: “Field Landman Question of the Month: Assignment of Rights vs. Delegation of Duties” The Rocky Mountain Landman, Vol. 33, Issue 6, Denver Association of Petroleum Landmen, February 2016ARTICLE: “Field Landman Question of the Month: Overriding Royalties in Bankruptcy” The Rocky Mountain Landman, Vol. 33, Issue 2, Denver Association of Petroleum Landmen, September 2015CO-CHAIRMAN: “Enhanced Oil Recovery: Legal Framework for Sustainable Management of Mature Oil Fields” Rocky Mountain Mineral Law Foundation, Special Institute, May 2015PRESENTATION: “North Dakota’s ‘Statutory JOA’: Rights, Obligations and Liabilities of Operators and Non- Operators” IMA Corp., Industry Presentation, April 2015ARTICLE: “Field Landman Question of the Month: Operator Payment of Leasehold Royalty Under Model Form JOA” The Rocky Mountain Landman, Vol 32, Issue 8, Denver Association of Petroleum Landmen, March 2015PRESENTATION & ARTICLE: “Oil and Gas Title Law” National Business Institute CLE, February 2015PRESENTATION: “North Dakota’s ‘Statutory JOA’: Rights, Obligations and Liabilities of Operators and Non- Operators” Denver Association of Petroleum Landmen, Fall Land Institute, November 2014ARTICLE: “Field Landman Question of the Month: Operator Cost Recovery in ND” The Rocky Mountain Landman, Vol. 32, Issue 4, Denver Association of Petroleum Landmen, November 2014PRESENTATION: “Subsurface Trespass and Pore Space Issues Associated with Horizontal Drilling in the Rockies” Colorado Bar Association, Natural Resources and Environmental Section Monthly Luncheon, November 2014ARTICLE: “Field Landman Question of the Month: Term Mineral Interests” The Rocky Mountain Landman, Vol. 31, Issue 10, Denver Association of Petroleum Landmen, May 2014PRESENTATION: “Negotiating Oil and Gas Farmout Agreements” National Business Institute CLE, December 2013ARTICLE: “Navigating and Negotiating the Farmout Agreement” National Business Institute CLE, December 2013ARTICLE: “Oil and Gas Agreements: Key Provisions and Negotiating Points in Farmout, Farmin and Joint Operating Agreements” National Business Institute CLE, November 2013PRESENTATION: “Oil and Gas Agreements: Key Provisions and Negotiating Points in Farmout, Farmin and Joint Operating Agreements” National Business Institute CLE, November 2013CHAIRMAN: “Infocast Emerging Oil and Gas Plays – Americas” Infocast Emerging Oil and Gas Plays – Americas, October 2013MODERATOR: “Landman’s Perspectives on Leasing Acreage in Early Stage Plays” InfoCast Emerging Oil and Gas Plays – Americas, October 2013MODERATOR: “Investing in Emerging and Early Stage Plays” InfoCast, Emerging Oil and Gas Plays – Americas, October 2013ARTICLE: “Chapter 5 – Records and Instruments Required for Title Examination” Landman’s Legal Handbook: A Practical Guide to Mineral Leasing, 5th ed. 2013, Rocky Mountain Mineral Law Foundation, August 2013PRESENTATION: “Oil and Gas Law Update” National Business Institute CLE, November 2012PRESENTATION: “Subsurface Trespass and Pore Space Issues Associated with Horizontal Drilling in the Rockies” Utah Association of Petroleum Landmen Monthly Lunch Meeting, October 2012MODERATOR: “Midstream Perspectives of Pipeline Build-out in the Bakken Shale” Infocast Third Annual Bakken Infrastructure Finance & Development Summit, October 2012MODERATOR: “Investment Opportunities in the Bakken” Infocast, Third Annual Bakken Infrastructure Finance & Development Summit, October 2012PRESENTATION: “A.A.P.L. Form 610-1989 JOA – Article III Workshop” Denver Association of Petroleum Landmen, Golf & Education Event, July 2012PRESENTATION: “Subsurface Trespass and Pore Space Issues Associated with Horizontal Drilling in the Rockies” Denver Association of Petroleum Landmen Meeting, Fall Luncheon Series, September 2011ARTICLE: “Subsurface Trespass and Pore Space in Colorado” The Rocky Mountain Landman, Vol. 29, Issue 1, Denver Association of Petroleum Landmen, September 2011PRESENTATION: “Emerging Pore Space Issues Related to Horizontal and Directional Drilling” Anadarko Petroleum Corporation, Lunch N’ Learn Seminar, February 2011ARTICLE: “Horizontal Drilling and Pore Space Ownership” Beatty & Wozniak, P.C. Newsletter, Vol. II, Issue 8, Beatty & Wozniak, P.C., September 2010ARTICLE: “Implied Duty of Reasonable Ownership” Beatty & Wozniak, P.C., Newsletter Vol. I, Issue 6, Beatty & Wozniak, P.C., July 2009ARTICLE: “The Attorney-Client Privilege and Mineral Title Opinions” Beatty & Wozniak, P.C., Newsletter Vol. I, Issue 5, Beatty & Wozniak, P.C., June 2009ARTICLE: “Colorado Royalty Payment and the Unclaimed Property Act” The Rocky Mountain Landman, Vol. 26, Issue 7, Denver Association of Petroleum Landmen, March 2009ARTICLE: “Probate Conveyances in Colorado” The Rocky Mountain Landman, Vol. 26, Issue 5, Denver Association of Petroleum Landmen, January 2009ARTICLE: “Can County Laws Preempt State and Federal Laws on Oil and Gas Regulation?” The Outcrop, Vol. 57, No. 3, Rocky Mountain Association of Geologists, March 2009ARTICLE: “Legal Description Basics” Mineral Law Series, Vol. 2007, Paper 4, Rocky Mountain Mineral Law Foundation, September 2007PRESENTATION: “Describing Blackacre: Land Description Basics” Rocky Mountain Mineral Law Foundation, Special Institute, September 2007