Shanisha Y. Smith

Experience

Energy and Environmental Litigation

• Key member of a team that litigated liability and damage estimation issues against Pacific Gas & Electric (PG&E) on behalf of 75,000 victims of the 2017 and 2018 northern California wildfires in connection with BakerHostetler’s representation of the Official Committee of Tort Claimants in PG&E’s historic Chapter 11 bankruptcy, which resulted in a $13.5 billion settlement on behalf of wildfire victims. Conducted research, motion practice, discovery, deposition preparation and extensive review and analysis of documents for the purpose of claims estimation and determination of nonparty fault.
• Assisted in the representation of an oil and gas producer in a suit against the Bureau of Land Management (BLM) regarding drilling application processing time. The client maintains that it had met all requirements necessary for the applications despite BLM’s approval delay. Received mandamus from the federal court forcing BLM to issue oil and gas drilling permits as required under the Mineral Leasing Act.
• Member of the defense team representing independent natural gas and oil producers in various federal royalty audits and appeals.
• Advised an energy company to amend a BLM Communitization Agreement to seek the overpayment of royalties.
• Member of a defense team for an independent oil and gas company in ongoing Department of Justice civil investigation pursuant to the False Claims Act for allegedly underpaid royalties on natural gas.
• Represented energy companies in class action and individual suits alleging improper deduction of downstream costs from royalties owed under private leases.
• Litigated for a natural gas exploration company’s development plan and permit approval concerning the Endangered Species Act (ESA) and Coastal Zone Management Act (CZMA).
• Advised an oil and gas producer in a suit against the BLM regarding drilling application processing time.
• Member of a defense team for an independent oil and gas company in ongoing Department of Justice civil investigation pursuant to the False Claims Act for allegedly underpaid royalties on natural gas.
• Advised energy company on settlement of civil and criminal allegations of non-compliance.
• Advised energy companies in class action and individual suits alleging improper deduction of downstream costs from royalties owed under private leases.
• Advised an American multinational energy corporation on a master development plan challenge.
• Prepared appellate documents from adverse regulatory ruling for an American multinational energy corporation involving a deepwater project.
• Litigated an appeal from a Bureau of Safety and Environmental Enforcement (BSEE) decision on an Environmental Assessment concerning National Environmental Policy Act (NEPA) issues for an American multinational energy corporation.
• Obtained novel mandamus relief for independent oil and gas company due to the BLM's failure to issue oil and gas drilling permits and to comply with the agency’s obligations under the Mineral Leasing Act.

Complex Commercial Litigation

• Represents clients in noncompete lawsuits against former employees,related to claims arising from breaches of restrictive covenants contained in employment agreements.
• Litigated a wrongful death case for a Dutch-domiciled tire recycling company following an Occupational Safety and Health Administration (OSHA) investigation.
• Involved in the defense of a Fortune 100 healthcare distributor in a Texas state court multidistrict opioid litigation in which approximately 50 cases have been consolidated. Conduct research, third-party discovery, deposition preparation, offensive discovery strategy and drafts motions related to designating responsible third parties.
• Reviewed documents for healthcare client to respond to a Federal Bureau of Investigation (FBI) investigation.

Transactional

• Advised an energy company to amend a BLM Communitization Agreement to seek the overpayment of royalties.
• Provided downstream energy company transactional support on an oil sale and purchase agreement.
• Advised a hydrocarbon exploration and production company on due diligence for a potential acquisition.

Regulatory and Compliance

• Advises petrochemical company on federal environmental laws, including enforcement defense and compliance counseling, permitting, due diligence and transactional support, and litigation before state and federal agencies and courts.
• Help clients respond to investigations by the Bureau of Safety and Environmental Enforcement (BSEE) and the Bureau of Ocean Energy Management (BOEM), primarily on decommissioning liability.
• Assisted a downstream energy company respond to an enforcement action for an alleged violation of pipeline safety rules.
• Advised downstream energy company on compliance of permitting documents as economic operator of crude oil.
• Advised federal lessees and trade association with respect to federal bonding requirements for platform abandonment.
• Counsel for a national oil and gas trade association involved in efforts to review and prepare comments on how the Department of the Interior can improve implementation of regulatory reform initiatives and policies, and to identify regulations appropriate for repeal, replacement or modification.
• Advised clients on compliance issues for state regulatory agencies such as royalty payments before the Colorado Oil and Gas Conservation Commission (COGCC) and pipeline safety before the Texas Railroad Commission (TRRC).
• Advised an independent petroleum products refiner and marketer in antitrust case on the Commodity Futures Trading Commission (CFTC) requirements and compliance.

Sustainability & Environmental, Social, and Governance (ESG)

• Advises petrochemical company on the rapidly evolving regulatory landscape for emerging chemicals, including ethylene oxide and the environmental justice effects.
• Advises City of Houston, Office of Sustainability’s Climate Action Plan (CAP),
• Focuses on citizen engagement and strategic partner to the City of Houston’s CAP Implementation Working Groups: Youth Engagement, Equity & Energy Transition.

International

• Worked with Comisión Nacional de Hidrocarburos during Mexico’s Energy Reform, providing advice to the attorneys and commissioners within the organization on shale gas, international model contracts, the 1944 U.S.-Mexico Water Treaty, the hiring of talent, foreign investors, administrative reforms to improve the competitiveness of Mexico and the regulation and bidding processes.
• Worked with the Legal Assistance Centre of Namibia on corporal punishment issues. Broadcasted from Namibia’s radio station (Namibia’s Broadcasting Corporation, NBC) informing the community on Namibian law and crafted “radio friendly” law scripts that encouraged the attention of the listener. Analyzed and input data in a database on children’s views on corporal punishment in Namibia.
• Worked on groundwater conservation and financial assurance issues, providing research and memoranda on issues related to administrative law, oil and gas, and Railroad Commission rules in Texas.

Memberships

• American Bar Association
  • Section of Litigation, Judicial Intern Opportunity Program (JIOP): National Co-Chair
• Houston Bar Association
  • Houston Volunteer Lawyers Committee
• Houston Young Lawyers Association
• Association of International Petroleum Negotiators
• Rocky Mountain Mineral Law Foundation
  • Trustee
  • Diversity and Inclusion Task Force: Chair
• State Bar of Texas
• The Downtown Group
• Western Energy Alliance
• Women's Energy Network
• Texas Bar Foundation
• AAA Energy Advisory Committee
• AAA ICDR Innovation and Technology Advisory Council

Community

• Rocky Mountain Mineral Law Foundation, Diversity and Inclusion Task Force: Chair
• Special Olympics
• Denver Petroleum Club
• Colorado CASA (Court Appointed Special Advocates for Children): Board Member (former)