L. Poe Leggette

Experience

Federal Onshore

• Part of team in two cases successfully defending U.S. oil and natural gas production company against allegations of non-arm’s-length sales of unprocessed gas brought by the U.S. Department of the Interior. The court reversed both decisions and remanded the cases to the agency. Continental Res., Inc. v. Gould, No. CV 14-65, 2019 WL 1440111 (D.D.C. Mar. 30, 2019), and Continental Res., Inc. v. Bernhardt, No. CV 17-2197 (Apr. 16, 2019).

• On behalf of an oil and gas operator, obtained a first-of-its-kind mandatory injunction under the Energy Policy Act of 2005, directing the Bureau of Land Management immediately to approve ten applications for permit to drill or provide substantial evidence supporting decision to delay. EnerVest Ltd v. Jewell, No. 16-cv-1256-DBP (Memorandum Decision and Order December 30, 2016). As a result, the ten APDs were approved in time for the operator not to lose a four-month drilling window in Utah.

• On behalf of trade associations, obtained landmark preliminary injunction against BLM’s regulation of hydraulic fracturing on federal and Indian lands and obtained an order (June 21, 2016) setting aside the rule on the merits. State of Wyoming v. United States Department of the Interior, 136 F. Supp. 3d 1317 (D. WYO. 2015)

• Obtained landmark Tenth Circuit ruling allowing federal unit operator full access to surface of a federal Niobrara shale unit. Entek GRB, LLC v. Stull Ranches, LLC, 763 F.3d 1252 (10th Cir. Aug. 14, 2014)

• Represented U.S. energy company in first-of-its-kind  litigation over construction of natural gas pipeline in U.S. Forest Service roadless area. Wilderness Workshop v. U.S. Bureau of Land Management, 531 F.3d 1220 (10th Cir. 2008)

• Before U.S. Supreme Court, represented Independent Petroleum Association of America and Wyoming landowners supporting Amoco’s entitlement to coalbed methane in coal seams on Southern Ute Reservation, favorably resolving issues throughout the West under the Coal Lands Acts of 1909 and 1910. Amoco Prod. Co. v. S. Ute Indian Tribe, 526 U.S. 865 (1999)

• Represented U.S. energy company in first challenge to an EPA noncompliance order under Sackett v. EPA.

• Represented U.S. energy company in suit by United States over alleged bid rigging in lease acquisition.

• Represented non-U.S. energy company in acquisition of oil and gas assets in Utah and New Mexico.

• Represented non-U.S. energy company in acquisition of oil and gas assets in Wyoming and Colorado.

• Represented U.S. energy company in review of royalty value of exported coal.

Federal Royalties

• Won case of first impression under Federal Oil and Gas Royalty Simplification and Fairness Act. U.S. Court of Appeals for the District of Columbia Circuit reversed a lower court ruling that had held a lessee’s suit to challenge a federal royalty demand was time-barred. Continental Resources, Inc. v. Jewell, 2017 WL 406183 (D.C. Cir. Jan. 31, 2017)

• Represents upstream and midstream companies in federal investigations of alleged failures to “unbundle” transportation costs when reporting royalties, e.g. Devon Energy Production Co. v. Gould, Civ. No. 16-CV-161-J (D. Wyo.).

• For federal lessees and interstate pipelines, defeated litigation brought under the False Claims Act for allegedly underpaid royalties on oil and natural gas. In re Natural Gas Qui Tam Litigation, 562 F.3d 1032 (10th Cir. 2009)

• Advanced the winning argument on behalf of IPAA that U.S. Minerals Management Service had failed to follow its own rules in valuing sales of natural gas to an affiliate. Fina Oil & Chem. Co. v. Norton, 332 F.3d 672 (D.C. Cir. 2003)

• Successfully represented IPAA in cases overturning federal royalty regulations and interpretations. IPAA v. DeWitt, 279 F.3d 1036 (D.C. Cir. 2002) (deductibility of firm transportation charges); IPAA  v. Babbitt, 92 F.3d 1248 (D.C. Cir. 1996) (no royalty on take-or-pay settlements)

• Successfully defended operator in appeal of take-or-pay settlement dispute. Murphy Exploration and Production Co. v. U.S. Dept. of the Interior, 252 F.3d 473 (D.C. Cir. 2001)

• Represented U.S. energy company in dispute with federal government over deduction of compression costs from royalty payments.

• Obtained only ruling holding U.S. Minerals Management Service to have violated the Due Process Clause of the Fifth Amendment. Amoco Prod. Co. v. Fry, 118 F.3d 812 (D.C. Cir. 1997)

• Obtained rare victory before Interior Board of Land Appeals in challenge to MMS’s application of the “marketable condition” rule. Xeno, Inc., 134 IBLA 172 (1995)

Shale Development and Private Royalty

• Successfully defended on appeal a grant of summary judgment against a competitor oil and gas company suing under the Sherman Act for alleged impairment to its ability to develop its leases. Buccaneer Energy (USA) Inc., v. Gunnison Energy Corp., 2017 WL ____ (10th Cir. Feb. 3, 2017)

• Represents energy companies in class action and individual suits alleging improper deduction of downstream costs from royalties owed under private leases.

• Represented U.S. midstream company in litigation over rights of way in Marcellus shale.

• Represented non-U.S. energy company in litigation over expiration of leases in Marcellus Shale.

• Represented U.S. energy company in royalty dispute in Bakken Shale.

• Represented non-U.S. energy company in acquisition of oil and gas assets in Piceance Basin in Colorado.

• Represented non-U.S. energy company in litigation over access to split estate minerals in Niobrara Shale.

• Represented U.S. energy company in litigation over preemptive effect of Pennsylvania's Act 13 (2012) as to local zoning power.

• Represented U.S. energy company in dispute over pipeline operating agreement.

• Serving as arbitrator in dispute over purchase and sale agreement.

Gulf of Mexico

• Represents federal lessees and trade association with respect to federal bonding requirements for platform abandonment.

• Represented geophysical survey companies in acquisition of survey permits in Gulf of Mexico.

• Represented U.S. energy company in obtaining lease suspensions to develop subsalt oil and gas projects in the Gulf of Mexico.

• Represented oilfield services company in investigation over testing of blowout preventers offshore.

• Represented international drilling company regarding approval of deepwater drilling technology.

• Represented U.S. energy company in obtaining suspensions of operations for deepwater OCS leases.

• Represented U.S. trade association in dispute with Department of the Interior over CEO certification requirement for offshore leases.

• Advised U.S. and non-U.S. energy companies in joint operating agreements for oil and gas development.

• Represented geophysical survey company in dispute over confidentiality of data.

Memberships

• American Bar Association
• Colorado Bar Association
• Ohio Bar Association
• Wyoming Bar Association
• District of Columbia Bar Association
• Texas Bar Association
• Rocky Mountain Mineral Law Foundation Trustee
• Western Energy Alliance: Board of Directors

Community

• Goals Beyond the Net: Principal Donor

Pro Bono

• Representing U.S. veterans in matters before the Board of Veterans Appeals and the United States Court of Veterans Appeals.