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68th Annual Institute 2022: Reconciling Conflicts Between Oil and Gas and Renewable Development Projects
Kara H. Herrnstein, Darin B. Scheer
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Massive amounts of land will be required to meet federal and state goals for renewable energy. Oil and gas and renewable energy developments are similar in that both are often located on ranches, farms, public lands, and other open areas away from residential developments. With increased development, however, disputes regarding surface access and other rights are becoming more common and will likely increase substantially within the next decade. This presentation examines legal issues in various jurisdictions relating to coordination and conflicts between oil and gas and renewable energy development. The discussion includes the implied and express easements of surface use and access for oil and gas and other mineral development and their relation to conflicting rights for renewable development, highlighting the recent case of Lyle v. Midway Solar, LLC, the Bureau of Land Management and Forest Service rules and guidance relating to conflicting development, and the key provisions of joint cooperation and similar agreements to address potential conflicts.
1 CLE CO-813661
This course has been accredited for CLE credit in Colorado. CLE credit hours shown are for Colorado only. A CLE course number for Colorado will be provided to attendees on their certificates of attendance once a course has been completed. New Mexico attorneys who complete a course must notify us (cle@rmmlf.org) because we are required to report credits for you. If this course has been approved for RPL/CPL credit with the American Association of Professional Landmen (AAPL), the credits will be listed below in a separate section for AAPL. If applicable, Component Codes for AAPL recertification will also be provided. Please contact RMMLF if you need independent verification by the provider of your attendance or participation for CLE purposes. Except as provided above, RMMLF generally does not apply for accreditation from any other MCLE/CPD organizations for its online legal education program. Upon completion of a program a certificate of attendance will be issued to all attendees. Except as provided above, attendees must verify with their respective state bars and CPD organizations and their specific rules as to whether or not the certificate of attendance will be recognized by that body for MCLE/CPD purposes, and the number of CLE/CPD credits that may be available. The live presentation of the on-demand program has been accredited in most mandatory states as part of a larger course, but such accreditation does not assure recognition of the on-demand program.
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