Approved for 6.0 CLE credit hours, including 1.0 hour of ethics and professionalism credit in Kansas and Missouri.
On line registration for this event is now closed. However, space is still available. To register, please call 785-234-5696 between 8:00 a.m. & 5:00 p.m. Electronic program materials can be emailed to you at no cost. A limited number of paper materials will be available for purchase at the program for $30. Please let the KBA representative know your preference.
8:30 a.m. • Registration & Continental Breakfast
9:00 a.m. • Significant Developments Impacting Kansas Oil and Gas Law
Prof. David E. Pierce, Washburn University School of Law, Topeka
Professor Pierce examines case law and other developments that impact oil and gas law, to include foundational property and contract cases.
9:50 a.m. • Analysis of Induced Seismicity Regulatory Trends
A. J. Ferate, Oklahoma Independent Petroleum Association, Oklahoma City, OK
Ryan A. Hoffman, Kansas Corporation Commission, Wichita
This presentation will discuss recent regulatory actions in Kansas and Oklahoma. It will provide an industry perspective on actions in Oklahoma and a report on the latest regulatory actions in Kansas.
10:40 a.m. • Break
10:55 a.m. • More of Lesser: Updates and Tactics to Avoid Running a Fowl of the Lesser Prairie Chicken or Other Endangered Species
Benjamin E. Busboom, Stinson Leonard Street LLP, KCMO
An update on the status of the Lesser Prairie Chicken, the Habitat Conservation Plan, and other species which may present operational concern.
11:45 a.m. • Lunch (provided)
12:45 p.m. • C12’s Application to Form a Compulsory Unit using CO2 Injection—Or When is Unitization not Compulsory Under Kansas Law?
Diana G. Edmiston, Glaves Irby & Rhoads, Wichita
Steven Gough, Withers Gough Pike Pfaff & Peterson LLC, Wichita
John G. McCannon Jr., Kansas Corporation Commission, Wichita
During this session, we will summarize C12's application as well as discuss the position of the protestants inside the proposed unit, including the KCC's discretion to approve terms in unit and operating agreements. We will also focus on the position of the protestants and parties with leases adjacent to the unit boundary.
1:35 p.m. • Fawcett – Where Do We Go from Here?
Robert W. Coykendall, Morris Laing Evans Brock & Kennedy Chtd., Wichita
Prof. David E. Pierce, Washburn University School Of Law, Topeka
2:25 p.m. • Break
2:40 p.m. • How to Avoid and Handle Malpractice Claims in the Oil & Gas Area
Jeff Kennedy, Martin Pringle Oliver Wallace & Bauer LLP, Wichita
This presentation will focus on the avoidance of malpractice claims. I will also talk about the approach to obtaining malpractice insurance and what to do if a lawyer is sued for malpractice in the oil and gas area.
3:30 p.m. • Adjourned
Pierce is a professor at Washburn University School of Law where he teaches Oil and Gas Law, Advanced Oil and Gas Law, Mineral Title Examination, Oil and Gas Conservation Law and Practice, Environmental Regulation of the Oil and Gas Industry, Energy Regulation, and Drafting Contracts and Conveyances. He is the Director of Washburn’s Oil and Gas Law Center and holds the Norman R. Pozez Chair in Business and Transactional Law. He lectures and writes extensively on topics in oil and gas law, property, contracts, legal drafting, and professional responsibility.
Anthony J. "A.J.” Ferate has built a multi-faceted background in campaigns, government, defense and law over the last 17 years.
Currently employed as Vice President of Regulatory Affairs for the Oklahoma Independent Petroleum Association ("OIPA”), A.J. maintains responsibilities over all government efforts outside of the legislative branch on matters as broad as water, electric generation, commodity marketing, land matters and seismicity. A.J. also maintains responsibility for legal matters at OIPA.
Prior to working for OIPA, A.J. served as Public Policy Coordinator for Devon Energy Corporation. A.J.’s responsibilities required collaboration and message development with all levels of the corporation to deliver proactive and sound public policy positions at the federal, state and local levels.
Other previous employment includes management of the Oklahoma City office of Ryan Glover LLP, a Houston-based energy law firm. A.J. focused on energy policy, energy regulatory law, alternative energy, and election law.
A.J. also served as general counsel and chief financial officer of the American Clean Skies Foundation. A.J.’s primary responsibilities included all legal, financial, and policy matters of the Foundation, including leading foundation efforts in two studies that each independently concluded the existence of over 100 years of recoverable natural gas in the lower 48 states — the first two studies to state the existence of such significant volumes of natural gas.
Beginning his career with the Nebraska Republican Party, A.J. was part of a political team that totaled a 23-2 record electing statewide and federal officials. A.J. continued his work on campaign strategy and grassroots initiatives in Ohio, Kansas, Washington State and Oklahoma, where he maintained his level of success. Projects include contributing to victories in 21 of 23 challenger races for the U.S. House of Representatives during the 2010 election, managing a legal team in the Alaska write-in count the same year and representing political entities in planning and preparation for elections.
For the past five years, A.J. has served as General Counsel to the Oklahoma Republican Party.
Ryan Hoffman graduated from Washburn University Law School with a certificate in Natural Resources Law in December of 2007. After law school, he completed a Legislative Fellowship for the 2008 Kansas Legislative Session. Hoffman then went on to serve the Kansas Corporation Commission as a Litigation Counsel for the Conservation Division for five years. He now serves the Commission as Director of the Conservation Division. Hoffman is a former President of the Oil, Gas, and Minerals Section of the Kansas Bar Association and is currently serving as a Member at Large. He is on the Board of Directors for the Groundwater Protection Council, is the Associate Representative of Kansas on the Interstate Oil and Gas Compact Commission, and on the Kansas Task Force on Induced Seismicity.
Ben is a corporate attorney who works within the environmental and energy divisions of Stinson Leonard Street. Ben has both in-house and firm experience advising on corporate mitigation strategies relating to the potential business impacts of endangered species. Prior to attending the Washburn University School of Law Ben worked as an environmental consultant for an international engineering firm where he also dealt extensively with endangered species mitigation.
Diana Edmiston is of counsel with the firm of Glaves, Irby and Rhoads. She received her B.S. from Kansas State University and J.D. from Washburn University School of Law. Prior to entering private practice, she has served as general counsel for Murfin Drilling Company Inc., senior assistant general counsel for the Kansas Corporation Commission Conservation Division, and senior attorney for Western Resources Inc. (now Westar Energy). She has twice served as president of the Oil, Gas and Mineral Section of the Kansas Bar Association, and is a past-president of the Wichita Association of Petroleum Landmen, and of the board of trustees of the Kansas Oil Museum in El Dorado, Kansas. She currently serves on the board of directors for the Kansas Independent Oil and Gas Association.
Gough was admitted to the Kansas Bar in 1976 and is a member of the firm of Withers, Gough, Pike, Pfaff & Peterson LLC. He is a member of the Wichita Bar Association, the Kansas Bar Association and the American Bar Association. In 1973, he graduated from the University of Kansas, with highest distinction, with a B.A. degree in English and Political Science. In 1976, he graduated from the University of Kansas School of Law, Order of the Coif. He was also on the University of Kansas Law Review. One of Gough’s primary areas of concentration is oil and gas litigation and regulatory work. Since 1985 he has represented one of the largest producers in the Kansas Hugoton and Panoma Gas Fields and many independent producers throughout Kansas. He has appeared regularly before the Kansas Corporation Commission in virtually every major regulatory proceeding held before the Commission involving issues having state-wide importance. He has represented producers in take-or-pay cases against pipelines resulting in large settlements. He has been lead counsel in cases involving oil field pollution claims and major pipeline ruptures. He has represented producers in litigation over operating agreements. He has defended producers in class action lawsuits filed by royalty owners. He was involved in the helium litigation in the late 1980s. He was involved in litigation and regulatory proceedings at FERC concerning the liability of royalty owners to refund ad valorem taxes to producers.
McCannon graduated from St. Benedicts College and Washburn Law School. He has been litigation counsel for the Conservation Division of the Kansas Corporation Commission since 1991. Prior to service with the Commission, McCannon was senior attorney at Farm Credit Bank in Wichita.
Coykendall has been practicing law at Morris Laing since 1981. He practices in the area of civil litigation and has represented a wide range of clients in class actions, in cases involving intellectual property and eminent domain and has frequently represented oil and gas exploration and production companies. Bob has served as counsel in a number of royalty owner class actions before the Kansas Supreme Court, Kansas Court of Appeals, Tenth Circuit Court of Appeals, and the United States Supreme Court. He represented oil and gas producers in cases involving interest on suspended royalty cases in the 1980’s, take-or-pay cases in the 1990’s, as well as the most recent push for increased royalties in the "marketable condition” cases. Bob has been included on the list of Best Lawyers in America and Martindale-Hubbell Law Directory has rated him at the highest AV® rating.
Jeff Kennedy joined Martin, Pringle, Oliver, Wallace & Bauer in 1986, after beginning his legal career as Assistant General Counsel for the Kansas Corporation Commission handling oil and gas and environmental matters. In private practice, he has expanded his practice to focus on a wide range of energy and natural resource matters, including zoning and land use matters and commercial litigation, focusing upon real property issues. He graduated from the University of Kansas in 1981 with a degree in journalism and obtained his law degree from Washburn University School of Law in 1984. He is a member of the Wichita, Kansas and American Bar Associations, and is past President of the Kansas Bar Association’s Oil and Gas and Mineral law section. He is an editor and chapter author for the Kansas Bar Association’s Environmental Law Handbook and supplement. He served on the Kansas Energy Council, a body charged with formulating a comprehensive energy plan for the State of Kansas, and for a number of years has been selected as one of the Best Lawyers in America.