Member

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Nick A. SwartzendruberNick A. Swartzendruber handles a variety of com­­plex oil and gas litigation and regulatory matters. He specializes in disputes concerning mineral and leasehold title and joint operations, having significant experience in such matters both as a litigator and as an expert witness. Mr. Swartzendruber’s practice also includes representation of operators and non-operators in contested oil and gas commission matters, access disputes, oil and gas mechanic’s lien foreclosures, royalty payment, and the development of public lands. He also assists his clients in the drafting of purchase and sale agreements, surface use agreements, joint operating and pooling agreements, and other agreements pertaining to mineral development.

Mr. Swartzendruber is intimately familiar with the oil and gas industry and takes a pragmatic and cost-effective approach in helping his clients solve their problems. He understands his role as a counselor who objectively assesses risk, but also as an advocate when dealing with other parties, courts, and administrative agencies.

Education

  • B.A., University of Colorado at Colorado Springs (2000)
  • J.D., University of Wyoming (2004)

Bar Admissions

  • Colorado
  • North Dakota
  • Wyoming

Court Admissions

  • Colorado (state and federal)
  • North Dakota (state and federal)
  • Wyoming (state and federal)
  • United States Supreme Court
  • 10th Circuit Court of Appeals
  • 9th Circuit Court of Appeals

Publications/Presentations

History, the Government Survey, and Basic Oil and Gas Leasing Legislation, Federal Oil and Gas Leasing Short Course, Rocky Mountain Mineral Law Foundation (presented October, 2015 and October, 2013)

Legal Ethics in Energy Law, Fracking Law: From Land Contract Negotiations to Environmental Disputes, National Business Institute (presented September, 2014, December, 2013, and September, 2012)

Water, Water Everywhere: An Update on the Water Law Regulatory Landscape, Denver Association of Petroleum Landmen Luncheon Speaker Series (presented April, 2014)

Legal Challenges Associated with Horizontal Drilling and Completion Technology, Colorado Bar Association, Young Lawyers Division (presented November, 2011)

Obtaining Temporary Restraining Orders & Injunctions in Access Disputes, Denver Association of Petroleum Landmen, Rocky Mountain Landman (March, 2011)

Permitting & Administering Oil & Gas Wells under Colorado Water Law, Denver Association of Petroleum Landmen Luncheon Speaker Series (presented September, 2010)

Regulatory Interface between the State of Colorado & Federal Agencies, Mesa State College Energy Management Symposium (presented September, 2009)

The Ways and Means of Farmouts & Joint Operating Agreements, Oil and Gas Law Basics by the Experts, Colorado Bar Association, Natural Resources & Energy Law Section (presented May, 2009)

Significant Representation

  • Assisted oil and gas operator in obtaining preliminary injunction, permanent injunction, and cash settlement from landowner in access dispute
  • Representation of oil and gas companies in various rulemakings before the Colorado Oil and Gas Conservation Commission and the Colorado Division of Water Resources
  • Successfully defended federally approved units in IBLA appeal filed by protestant challenging unitization
  • Obtained suspensions of operations and production on behalf of federal oil and gas lessees
  • Negotiated favorable settlement for small operator in administrative proceedings to challenge penalties assessed by U.S. Department of the Interior
  • Obtained favorable settlement for non-operator against operator for loss of wellbore caused by well stimulation
  • Successfully defended major landowner in county proceedings brought by developer to recognize alleged county roads across owner’s land
  • Defeated proposed drilling and spacing unit on behalf of non-operator based on violations of correlative rights and waste
  • Obtained jury verdict for homeowner and against contractor due to contractor’s negligence in performing roofing job