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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

Peter Roskam Comments on Millionaire’s Tax Hike Rejection in The Wall Street Journal Article

Joshua Bennett Represents REIT Farmland Partners Inc., Wins Right to Continue Suit Against Hedge Fund

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BakerHostetler Services

BakerHostetler Represents Nelligan in Acquisition by Amwins

Addressing the intricate needs of oil and gas companies, Poe focuses his well-established practice on litigation and transactional work in the energy industry. His experience includes four principal areas of representation: onshore shale plays, federal and private mineral royalties, oil and gas companies operating on federal and Indian lands, and companies operating under federal leases in the Gulf of Mexico. Prior to entering private practice, Poe served as assistant solicitor for the U.S. Department of the Interior, advising the Bureau of Land Management (BLM) and the Minerals Management Service (MMS) on their onshore and offshore energy programs, as well as MMS's Royalty Management Program on questions of royalty valuation.

core/freeform

J.D., University of Virginia, 1977

B.A., Tufts University, 1974, 

<ul>
<li>Independent Petroleum Association of America: &#8220;25 Years of Outstanding Legal Representation&#8221; (2018)</li>
<li>Chambers Global: Energy: Oil and Gas (Regulatory and Litigation) (USA) (2009, 2011 to 2020)</li>
<li>Chambers USA
<ul>
<li>Oil and Gas Litigation, Nationwide (2006, 2007, 2013 to 2024)
<ul>
<li>Band 1 (2020 to 2024), Band 2 (2011 to 2019)</li>
</ul>
</li>
<li>Natural Resources and Environment in Colorado (2017 to 2018)
<ul>
<li>Band 3 (2017 to 2018)</li>
</ul>
</li>
<li>Litigation: General Commercial in Colorado (2010 to 2012)</li>
</ul>
</li>
<li>The Legal 500 United States
<ul>
<li>Recommended in Energy Transactions: Oil and Gas (2019)</li>
<li>Recommended in Energy Litigation: Oil and Gas (2015 to 2021, 2024)</li>
</ul>
</li>
<li>Lexology Index (formerly Who&#8217;s Who Legal): Energy (2016 to 2017)</li>
<li>National Law Journal &#8220;Litigation Trailblazer&#8221; (2016)</li>
<li>The Best Lawyers in America®
<ul>
<li>Colorado: Energy Law (2006 to 2025)</li>
<li>Colorado: Natural Resources Law (2006 to 2025)</li>
<li>Colorado: Oil and Gas Law (2024 to 2025)</li>
</ul>
</li>
<li>BTI Client Service All-Star (2017)</li>
<li>Law Week Colorado: Lawyers of the Year (2015)</li>
<li>Law360: Practice Group of the Year in Energy (2015)</li>
<li>Denver Business Journal: Who&#8217;s Who in Energy (2012 to 2016)</li>
<li>Expert Guides &#8220;Energy and Natural Resource Lawyer&#8221; (2010, 2013)</li>
<li>Guide to the World&#8217;s Leading Energy and Natural Resource Lawyers, 7th Edition: Pre-eminent Practitioner (2007)</li>
<li>Lawdragon, 500 Leading Litigators in America</li>
<li>Colorado &#8220;Super Lawyer&#8221; (2010 to 2025)</li>
<li>Washington, D.C., &#8220;Super Lawyer&#8221; (2007 to 2008)</li>
</ul>

Houston

Denver

Can Doge Really Cut $2 Trillion From The Federal Budget? Likely Yes.

Poe Leggette Comments on Future Energy Industry Policy Shift in Law360 Article

Peter Roskam, Poe Leggette Discuss the Energy Industry and 2025 Tax Policy on IPAA Webinar

BakerHostetler attorneys, practice areas stand out in The Legal 500 annual guide

Chambers USA Guide 2024 Recognizes 155 BakerHostetler Attorneys and ­66 Practice Areas

Methane Series Part III: Implementation Is Here. EPA Published the Proposed Rule Implementing the First-Ever Direct Tax on Methane Emissions

Webinar: What’s Next in Washington? Federal Energy Permitting Reform Update

Poe Leggette, Bailey Bridges Provide Overview of New Methane Tax During Webinar

Future of Blockchain and the Energy Industry

The Seven-Year Saga of Monterey County’s Measure Z Comes to a Close

Poe Leggette and Bailey Bridges Detail Challenges to Inflation Reduction Act’s Methane Tax

Chambers USA Guide 2023 Honors 147 BakerHostetler Attorneys and Recognizes 64 Practice Areas

Practical Applications of the Superfund and Methane Taxes, and the Impact of Recently Published Proposed Regulations

Private Oil and Gas Royalty Obligations: High-Dollar Disputes Impacting Producers

BakerHostetler Team Named Law360 Energy Practice Group of the Year

Poe Leggette Quoted in Article About Push for Methane Fee Exemptions, Flexibility

Poe Leggette and Bailey Bridges Author Article on Enforceability of IRA’s Methane Tax

CFIUS and the Energy Sector: What You Need to Know in 2023

Ohio Clock

Hallway with a grandfather clock displayed

Overview of the Inflation Reduction Act’s Methane Tax

Jeff Paravano, Poe Leggette and Nicholas Mowbray Explain Energy Tax Credits

What’s in It for Me: The Inflation Reduction Act’s Clean Energy Tax Credits

What’s Next in the Regulation of Methane Emissions?

Hundreds of BakerHostetler Attorneys Honored as 2023 Best Lawyers, Ones to Watch and Lawyers of the Year

Inflation Reduction Act Provides Boost and Benefits to Carbon Capture Utilization and Storage Industry

The Technical Side of ESG — How to Meet and Make Your Commitments

Chambers USA Guide 2022 Honors 145 BakerHostetler Attorneys and Recognizes 62 Practice Areas

Webinar: Climate Policy and ESG Disclosures

Webinar – Oil and the Russian Federation: What Now? What Next?

United States Bans Imports of Russian Petroleum Products, LNG and Coal as well as Certain New Investment in the Russian Federation

John Lehrer, Poe Leggette Article Examines IRS Guidance for Carbon Sequestration Tax Credits

Webinar: Financing Investment in Carbon Storage Projects

Alexander Obrecht Speaks at Energy Law and Politics Conference

Poe Leggette Speaks on Energy Regulation and Transition at Texas Conference

191 BakerHostetler Attorneys Named in 2022 “Best Lawyers” List; 10 Recognized as “Lawyer of the Year”

IRS Releases New Guidance on Credits for Sequestration of Carbon

BakerHostetler Attorneys, Practice Areas Recognized in The Legal 500 Guide for 2021

First-Ever Mandatory Cybersecurity Directive for Oil and Gas Pipelines Signals More Robust Regulations to Come

Chambers and Partners USA Honors 134 BakerHostetler Attorneys and 55 Practice Areas in 2021 USA Guide

BakerHostetler Attorneys Make Significant Gains in The Legal 500 Annual Guide

Chambers and Partners USA Honors 127 Attorneys and 43 Practice Areas in 2019 Guide

BakerHostetler Boosts High Marks in the Legal 500 2018 Annual Guide

Poe Leggette Quoted by Bloomberg Regarding Pennsylvania “Rule of Capture” Decision

Chambers and Partners USA Honors 118 Attorneys and 45 Practice Areas in 2018 Guide

Poe Leggette Gives Washington Update at OCS Advisory Board Winter Workshop

Alex Obrecht and Poe Leggette Co-Author Article on High-Stakes Royalty Litigation

Poe Leggette Discusses “The Climate Change Debate and an Energy Ethic” at State Bar of Texas Annual Meeting

150 BakerHostetler Attorneys Named 2016 Super Lawyers; 91 Named Rising Stars

Poe Leggette Talks to CNBC about Prospects for Gulf of Mexico Drilling

Poe Leggette and Mark Barron Named to Denver Business Journal’s 2016 “Who’s Who in Energy” List

Poe Leggette Talks to Law360 about What a Trump Presidency Might Mean

Poe Leggette Tells Reuters Bureau of Oceanic Management’s Stricter Bonding Rules Could Put More Producers into Bankruptcy

Poe Leggette Discusses Changing Dynamics in Petroleum Industry at AIPN Summit

Poe Leggette Discusses Future of Oil and Gas Industry in 2016 at Rocky Mountain Industry Summit

Poe Leggette Named a “Lawyer of the Year” by Law Week Colorado

Poe Leggette and Michael Joy Named to Denver Business Journal’s 2015 “Who’s Who in Energy” List

Poe Leggette Discusses BLM’s Final Rule on Hydraulic Fracturing With Environmental Law Institute

Poe Leggette and Carey Gagnon Discuss OCS Platform Abandonment Issues

Poe Leggette Discusses Hydraulic Fracturing on Public Lands During ABA Section of Environment, Energy, and Resources Call

Poe Leggette Tells Wall Street Journal Oklahoma Drilling Suit is “Significant”

Poe Leggette Discusses 2015 Energy Legislation at AAPL Annual Meeting

Poe Leggette Discusses Merits and Ramifications of New BLM Fracking Rule at Environmental Law Institute Seminar

Poe Leggette Speaks at Institute for Energy Law Symposium on Career Paths for Young Attorneys in the Energy Sector

Poe Leggette Speaks at LSU Symposium on Comparative Offshore Oil and Gas

Poe Leggette Speaks at Rocky Mountain Oil and Gas Summit

Leggette Co-authors Article on Trade Secrets and the Regulation of Hydraulic Fracturing

Leggette Co-authors Chapter in “Federal Regulation of Hydraulic Fracturing: A Conversational Introduction”

Leggette Co-authors Article on The National Historic Preservation Act

Leggette Co-authors Chapter on Bureau of Land Management’s Multiple Use Mandate

Leggette Discusses National Historic Preservation Act Compliance

Leggette Discusses Difficulty and Need for Carbon Storage

Leggette Co-authors Chapter on Royalty Relief Systems

Leggette Revises Previously Published “Toward an Energy Ethic”

Leggette Addresses Conservation Efforts and Society’s Need For an “Energy Ethic”

Leggette Authors “Toward an Energy Ethic”

Leggette Co-authors Article on Litigation Involving Oil and Gas Royalties

Leggette Co-authors Chapter Examining The Outer Continental Shelf Lands Act

Leggette Discusses the Debate Concerning Valuation of Affiliate Sales and Joint Ventures

Litigation

Industries

Energy

Energy Industry Restructuring

Energy Litigation

Environmental

International Arbitration – Energy

Russia-Ukraine War Resource Center

Shale

Middle East Practice

Carbon Capture, Utilization and Storage

Federal Onshore
<ul>
<li>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).</li>
<li>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 10 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 10 APDs were approved in time for the operator not to lose a four-month drilling window in Utah.</li>
<li>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)</li>
<li>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)</li>
<li>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)</li>
<li>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)</li>
<li>Represented U.S. energy company in first challenge to an EPA noncompliance order under Sackett v. EPA.</li>
<li>Represented U.S. energy company in suit by United States over alleged bid rigging in lease acquisition.</li>
<li>Represented non-U.S. energy company in acquisition of oil and gas assets in Utah and New Mexico.</li>
<li>Represented non-U.S. energy company in acquisition of oil and gas assets in Wyoming and Colorado.</li>
<li>Represented U.S. energy company in review of royalty value of exported coal.</li>
</ul>
Federal Royalties
<ul>
<li>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)</li>
<li>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.).</li>
<li>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)</li>
<li>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 &amp; Chem. Co. v. Norton, 332 F.3d 672 (D.C. Cir. 2003)</li>
<li>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)</li>
<li>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)</li>
<li>Represented U.S. energy company in dispute with federal government over deduction of compression costs from royalty payments.</li>
<li>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)</li>
<li>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)</li>
</ul>
Shale Development and Private Royalty
<ul>
<li>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)</li>
<li>Represents energy companies in class action and individual suits alleging improper deduction of downstream costs from royalties owed under private leases.</li>
<li>Represented U.S. midstream company in litigation over rights of way in Marcellus shale.</li>
<li>Represented non-U.S. energy company in litigation over expiration of leases in Marcellus Shale.</li>
<li>Represented U.S. energy company in royalty dispute in Bakken Shale.</li>
<li>Represented non-U.S. energy company in acquisition of oil and gas assets in Piceance Basin in Colorado.</li>
<li>Represented non-U.S. energy company in litigation over access to split estate minerals in Niobrara Shale.</li>
<li>Represented U.S. energy company in litigation over preemptive effect of Pennsylvania&#8217;s Act 13 (2012) as to local zoning power.</li>
<li>Represented U.S. energy company in dispute over pipeline operating agreement.</li>
<li>Serving as arbitrator in dispute over purchase and sale agreement.</li>
</ul>
Gulf of Mexico
<ul>
<li>Represents federal lessees and trade association with respect to federal bonding requirements for platform abandonment.</li>
<li>Represented geophysical survey companies in acquisition of survey permits in Gulf of Mexico.</li>
<li>Represented U.S. energy company in obtaining lease suspensions to develop subsalt oil and gas projects in the Gulf of Mexico.</li>
<li>Represented oilfield services company in investigation over testing of blowout preventers offshore.</li>
<li>Represented international drilling company regarding approval of deepwater drilling technology.</li>
<li>Represented U.S. energy company in obtaining suspensions of operations for deepwater OCS leases.</li>
<li>Represented U.S. trade association in dispute with Department of the Interior over CEO certification requirement for offshore leases.</li>
<li>Advised U.S. and non-U.S. energy companies in joint operating agreements for oil and gas development.</li>
<li>Represented geophysical survey company in dispute over confidentiality of data.</li>
</ul>

L. Poe Leggette

L. Poe Leggette

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