Dorsey has a long history of working with clients in the Oil & Gas industry, including:
- Service companies
- Work explorers
At each critical stage of development, Dorsey lawyers work to keep clients on the cutting edge of market trends and ahead of their competition. We apply legal acumen and business insight in these and other key areas.
Dorsey energy attorneys have assisted clients with respect to a wide range of oil & gas projects, including projects involving refineries, LNG facilities and pipelines, and natural gas pipelines. From transactional work to regulatory to transportation and litigation, our lawyers partner with clients to meet their specific strategic objectives.
Representative Focus Areas
Corporate and Finance
- General corporate
- Project development and finance
- Finance (credit facilities, lease financing, bonds)
- Mergers and acquisitions
- Capital markets (public and private)
Enforcement Proceedings at:
- Construction and operating permits
- Jurisdictional issues
- Rate proceedings
- Corresponding state agencies to FERC, DOI, BLM, MMS and BIA
- Oil spills
- Contract disputes
- Royalties litigation
- Pipeline litigation (FERC)
- Securities class actions
- Interstate rate cases
Natural Gas Regulation
Dorsey attorneys help energy companies with all aspects of federal regulation of the interstate natural gas industry. Our primary focus is to help shippers – gas-fired electric generators, local distribution companies (LDCs), marketers, producers, and petrochemical companies -- reduce regulatory risk and minimize rate exposure. For example, we:
- Represent shippers, at FERC in administrative litigation and on appeal, in NGA section 4 and 5 rate cases that establish the terms and conditions of service charged by natural gas pipelines and storage providers
- Help shippers obtain new pipeline or storage capacity by
- Navigating open season rules under which capacity is allocated
- Negotiating precedent agreements and negotiated rate service agreements with the pipeline
- Supporting the pipeline’s NGA section 7(c) certificate application at FERC
- Work to ensure that a shipper’s costs and services are not adversely impacted by an NGA section 7(c) certificate application
- Advise shippers on how to comply with pipelines’ capacity release mechanisms
- Craft Asset Management Agreements that comply with FERC rules
- Develop regulatory compliance programs for marketers and LDCs
- Defend energy companies in enforcement investigations
- Negotiate and draft natural gas contracts
- Assist producers with gas gathering and transportation disputes
- Obtain DOE import/export authorization and help facilitate marketers’ cross-border transactions
Oil Pipeline Regulation
The Dorsey FERC practice has been at the forefront of oil pipeline regulation at FERC over the last 25 years. Since the enactment of the Energy Policy Act of 1992, our attorneys have been involved in a large number of the significant oil pipeline rulemakings and precedent-setting litigated proceedings before FERC and the D.C. Circuit. In the last decade, we have obtained over $100 million in refunds, reparations, settlement payments and rate reductions for our clients. Dorsey attorneys have the experience to help businesses deal with the regulatory and commercial issues facing the midstream and downstream energy sectors with regard to crude oil and refined product transportation.
- Represented Talisman Energy Inc. on its $3,500,000,000 shelf registration of debt securities, common shares, preferred shares, subscription receipts, warrants and units
- Represented CHS Inc. on multiple equity offerings totaling $1.6 billion.
- Represented Kodiak Oil & Gas Corp. on multiple high yield debt offerings totaling $1.55 billion.
- Represented underwriters in connection with the PrairieSky Royalty Ltd. $1,670,000,000 initial public offering in Canada and Rule 144A offering in the United States.
- Represented Lightstream Resources Ltd. (formerly PetroBakken Energy Ltd.) on its $900 million high yield debt offering.
- Represented Kodiak Oil & Gas Corp. on its $750,000,000 exchange offer for senior notes.
- Represented Bellatrix Exploration Ltd. on its $170,000,000 public offering of common shares.
- Represented Energy Fuels Inc. on its $100,000,000 shelf registration of common shares, debt securities, subscription receipts, rights, preferred shares and units.
- Represented Murphy USA Inc., an energy retail marketing company, in the $94,000,000 sale of its 100 MGY ethanol plant in Hereford, Texas, to Green Plains Inc.
- Represented Kodiak Oil & Gas Corp. in its $6,000,000,000 sale to Whiting Petroleum Corporation.
- Represented Equal Energy Ltd. on its $230,000,000 sale to Petroflow Energy Corporation.
- Represented Murphy Oil Corporation and its subsidiary, Hankinson Holding, LLC, in the $170,000,000 sale of its interests in Hankinson Renewable Energy, LLC.
- Represented Kodiak Oil & Gas Corp. on its $732,000,000 asset purchase of properties and undeveloped leasehold.
- Represented leading company in drilling technology with regard to the negotiation and drafting of several drilling rig contracts with major and independent oil producers in Alaska.
- Represented an American multinational energy company in litigation matters, including regulatory FERC and RCA (Regulatory Commission of Alaska) proceedings about Quality Bank valuations of crude, and other confidential arbitrations of commercial disputes.
- Represented an independent downstream energy company in connection with two cases involving a discrimination/failure to accommodate claim that was filed with the Wisconsin Department of Workforce Development over alleged discriminatory treatment of a customer at a SuperAmerica store in Wisconsin.
- Olen v. Northern Tier Retail. Defended energy company in connection with a punitive class action lawsuit alleging violations of Electronic Fund Transfer Act and Deceptive Trade Practices Act, as well as common law claims (District Court, District of Minnesota).
FERC / Regulatory
- Represent clients in interstate natural gas pipeline cost-of-service rate proceedings pursuant to Section 4 of the Natural Gas Act.
- Represented and advised client in implementation of backhaul service on interstate natural gas pipelines.
- Represented and advised client on shipper imbalance surcharges for interstate natural gas pipeline service.
- Represented and advised clients on obtaining Certificate of Public Convenience and Necessity under Sections 3 and 7c of the Natural Gas Act for greenfield and relocation/expansion of natural gas facilities.
- Represented and advised clients on compliance and reporting obligations under the Natural Gas Act.
- Obtained FERC waiver of capacity release rules for client exiting natural gas production.
- Represented and advised crude oil shippers in proceedings challenging tariff rates.
- Represented and advised clients in compliance with FERC requirements and annual reporting obligations.
- Represented and advised clients on jurisdictional determination under the Interstate Commerce Act.
- Represented clients in market-based rate proceedings.
- Represented client in cost-of-service rate proceedings pursuant to the Interstate Commerce Act and “grandfathered” oil pipeline rate proceedings under the Energy Policy Act of 1992.
- Represented and advised clients in indexed rate proceedings.
- Represented and advised clients on FERC regulatory status of new and expanded pipeline projects.
Industries & Practices
- Capital Markets
- Corporate Governance & Compliance
- Energy & Natural Resources
- Financial Services Regulatory
- Mergers & Acquisitions
- Project Development & Finance