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Rocky Mountain MineRal law Foundation

A One-Day Workshop for Lawyers, Landmen, and Other Professionals

Hydraulic Fracturing:

OPTIONS: · See it live · View it via live webcast · View it as an on-demand webcast

Core Issues & Trends..

Grand Hyatt Denver, Colorado November 17, 2011

One of the highest profile and most important issues facing the oil and gas industry over the past few years has been and continues to be hydraulic fracturing. From the Eagle Ford to the Marcellus shales, controversial developments are reported in industry publications and popular media on a daily basis. This one-day workshop will provide a timely, thorough, and practical examination of this subject, as presented by practitioners, professors and other experts. Exactly what are the technical aspects of hydraulic fracturing? What are the governing state and federal legal frameworks? What is fact and what is fiction regarding the myriad claims that hydraulic fracturing operations pose a threat to humans and the environment? What are the attendant regulatory proposals and controls ­ and potential impact on the industry ­ hanging in the balance? This workshop will examine and thoughtfully address each of these questions in the presentations and panel discussion. The conference begins with the engineering and geology necessary to understand the technology of hydraulic fracturing, including the constituent materials used in the process. The second paper reviews the federal statutory and regulatory framework and related federal court decisions. The state oil and gas commissions, and their rules and regulations, play an important role in these developments and will be addressed in the third paper, thereby completing the description of the current legal framework and context in which the national dialogue is occurring. The fourth paper focuses on the numerous efforts by members of Congress, state legislatures, federal and state regulatory bodies, and others to regulate various aspects of hydraulic fracturing. A panel of experts concludes the program by looking at the claimed and real environmental impacts related to hydraulic fracturing and the ongoing dialogue among stakeholders. Attendees will leave this workshop with a solid foundation on hydraulic fracturing, comprised of resource materials, an understanding of the facts related to the technology, and a more thorough understanding of the numerous legal, public policy and regulatory issues, as well as the experts' views.

Hydraulic Fracturing: Core Issues & Trends

Thursday, November 17, 2011

7:00 ­ 8:30 8:30 ­ 8:45 Introductions and Opening Remarks DAVID P PHILLIPS, Executive Director, RMMLF . , Westminster, Colorado JAN N. STEIERT, President, RMMLF; Attorney, Electrum USA Ltd., Denver, Colorado MARY A. VIVIANO, Program Chair; Attorney, Encana Oil & Gas (USA) Inc., Denver, Colorado 8:45 ­ 10:00 The Technical Aspects of Hydraulic Fracturing What does hydraulic fracturing really mean and what impacts does it have on natural gas recovery volumes? This presentation will focus on: the technical processes and geological science behind this technology; its utilization in horizontal and other drilling plays; and the resources needed such as water, sand, and proppants. The speakers will also address water usage and water disposal techniques. JENNIFER L. MISKIMINS, Professor, Colorado School of Mines, Golden, Colorado JEFF JOHNSON, North BU Operations Lead, Encana Oil & Gas (USA) Inc., Denver, Colorado 10:00 ­ 10:15 10:15 ­ 11:15 The Federal Legal Framework Surrounding Hydraulic Fracturing This session will review federal laws, regulations, and decisions relevant to hydraulic fracturing, including the Clean Water Act; Safe Drinking Water Act; LEAF I and LEAF II Decisions; the Bureau of Land Management regulations governing hydraulic fracturing; EPA's 2004 Report; and the exemption from underground discharge requirements under the 2005 Energy Policy Act. PROFESSOR BRUCE M. KRAMER, Of Counsel, McGinnis, Lochridge & Kilgore LLP Houston, Texas , 11:15 ­ 12:00 The States' Legal Framework The speakers will cover different regions and present a review of various state oil & gas agencies' rules and regulations governing hydraulic fracturing operations, related reporting, and water use and disposal. Pending litigation will also be discussed.

Texas/Louisiana Region


Registration - Grand Hyatt Hotel

1:15 ­ 2:30 The States' Legal Framework (continued)

Northeastern Region

ARMANDO F BENINCASA, Attorney, Steptoe & Johnson . PLLC, Charleston, West Virginia

Rocky Mountain Region

ADAM S. COHEN and SHANNON STEVENSON, Attorneys, Davis Graham & Stubbs LLP Denver, Colorado , 2:30 ­ 2:45 2:45 ­ 3:45 The Groundswell of Concern and Activity Regarding Hydraulic Fracturing This session will provide an overview of the various paths being taken by agencies and Congress to address hydraulic fracturing concerns, including the EPA's scientific study; recent congressional subcommittee inquiries and reports; the Interior Department's Forum and other proposed actions; the Energy Department's view; and proposed federal legislation to date. There will also be a brief discussion of pending litigation. POE L. LEGGETTE, Attorney, Fulbright & Jaworski LLP , Denver, Colorado MARK ZOBACK, Professor of Geophysics, Stanford University, and Member, Natural Gas Subcommittee of the Secretary of Energy Advisory Board 3:45 ­ 5:00 Working with Stakeholders ­ Separating Fact from Myth This session brings together a diverse panel to discuss the alleged potential impacts on surface water and groundwater aquifers from hydraulic fracturing, and the perspectives of regulators, landowners, NGOs, and local associations. The panel will also discuss how producers may implement surface use agreement provisions, cementing and other well integrity techniques, and disclosure alternatives to address these concerns. Moderator: MARK S. SQUILLACE, Professor and Director, Natural Resources Law Center, University of Colorado School of Law, Boulder, Colorado Speakers: SCOTT ANDERSON, Senior Policy Advisor, Environmental Defense Fund, Austin, Texas DAVID NESLIN, Director, Colorado Oil & Gas Conservation Commission, Denver, Colorado MARK K. BOLING, General Counsel, Southwestern Energy Company, Houston, Texas 5:00 Adjournment Hosted Reception for attendees, speakers, and guests Break



CHRISTOPHER KULANDER, Attorney, Haynes & Boone LLP Houston, Texas , 12:00 ­ 1:15 Lunch On Your Own

5:00 ­ 6:00

Can't make it to the Workshop?

RMMLF has teamed up with FastCLE to bring this Workshop to you over the Internet. View it live from your office or as an on-demand webcast.

Live Webcast

(6.5 hours)

Thursday, November 17, 2011 8:30am-Noon; 1:15pm-5:00pm (MST) Registration Fee: $375 For details or to register online, visit Participants will be viewing the program in real time and will have the opportunity to send questions to speakers during the conference. We cannot guarantee that all questions will be answered. Participants will be able to see the speakers and the PowerPoint presentations, and will have online access to all course materials in PDF

On-Demand Webcast

(6.5 hours)

Available 24/7 beginning on December 1, 2011 Registration Fee: $375 For details or to purchase online, visit Participants will be able to see the speakers and the PowerPoint presentations, and will have online access to all course materials in PDF format.

Do you want to stream the live webcast to a group in your office?

­ Registration fee for the first person - $375 ­ Additional registrations - $195 per person


about the live or on-demand webcast? Contact FastCLE Customer Support at

1-866-702-3278 1-770-805-6292 CLE, AAPL, and other continuing education credit

Please contact your state bar or other accrediting organization for requirements and methods of seminar delivery they approve for credit. We will be happy to work with you to obtain credit for live or on-demand webcasts in any jurisdictions which allow such credit. Contact us at [email protected] An online evaluation must be completed at the end of the program in order to obtain your certificate of participation.


Order FOrm - manuals & audiO Cds

RockyMountainMineralLawFoundation 9191 Sheridan Blvd., Suite 203 Westminster, CO 80031 USA (303) 321-8100 / Fax (303) 321-7657 Office Use: Shipped Picked Up Inv #

Name Employer Street Address (no P.O. boxes) City Country Telephone ( ) E-Mail Purchase Order No. State/Prov Zip/Postal Code Fax ( ) Date Tax Exempt No., If Applicable

Books and audio CDs for Hydraulic Fracturing will be shipped within 4 weeks after the workshop

All registrants will receive a copy of the Hydraulic Fracturing manual

Unit Price Qty. NonRMMLF Member Member $155 $225 $340 $185 $195 $185 $125 $175 $265 $145 $155 $145 $ $ $ $ $ $ Total

Title/Description HYDRAULIC FRACTURING: CORE ISSUES & TRENDS Looseleaf Manual only (FRACM) Audio CDS only (FRACA) Package (Manual & CDs) -- save more than 10% (FRACP) RECENT MANUALS Development Issues in the Major Shale Plays (2010) (SPM) Due Diligence in Oil & Gas Transactions (2011) (DD2M) Oil & Gas Agreements: Midstream and Marketing (2011) (OGA9M)

Colorado Residents Add Sales Tax (see Colorado Sales Tax Chart) Handling Charge (all orders) + $11.00 per order Outside U.S. and Other Services (see Shipping Information) + $ p Federal Express Overnight Bill my FedEx # _________________________________________ TOTAL

Colorado Sales Tax Chart City of Westminster, Jefferson County ..............................................8.45% RTD District only ................................................................................4.1% Other (in Colorado) ............................................................................2.9% Shipping Information All orders must add $11 per order for handling charges. Domestic: Sent at no additional charge by FedEx Ground. Canadian: Must add $30 per item. International: Must add $65 per item. FedEx Overnight: Please provide your FedEx number.


PAYMENTMETHOD(Orderswillnotbefilleduntilpaymentisreceived) p Check drawn on a U.S. bank in U.S. Dollars (Payable to RockyMountainMineralLawFoundation) p VISA p MasterCard p American Express Credit Card # Exp. Date (month/year) Signature Name on Card

p Electronic Transfer: Contact the Foundation at [email protected]

The Rocky Mountain Mineral Law Foundation is a non-profit, tax-exempt corporation (Tax ID #84-6037688).

PrOgram COmmittee

MARY A. VIVIANO, Attorney, Encana Oil & Gas (USA) Inc., Denver, Colorado POE L. LEGGETTE, Attorney, Fulbright & Jaworski LLP , Denver, Colorado PHILLIP WM. LEAR, Attorney, Lear & Lear LLP , Salt Lake City, Utah Please type or print legibly Name Badge Name (if different from above) Employer Mailing Address City/State/Zip Phone ( ) Fax ( ) Attendee E-Mail DAVID E. BRODY, Attorney, Patton Boggs LLP , Denver, Colorado PROFESSOR BRUCE M. KRAMER, Of Counsel, McGinnis, Lochridge & Kilgore LLP Houston, Texas ,

Hydraulic Fracturing



(required for confirmations, advance registration list, and program updates)

MAIL or FAX to:

RockyMountain MineralLawFoundation

Please check all that apply: p Attorney p Landman p CPA p Management p Consultant p Other (please specify) CLE credit requested for the following states: Other credit requested from: Howdidyoufindoutaboutthiscourse?


9191 Sheridan Blvd., Ste. 203 Westminster, CO 80031 USA Tel: (303) 321-8100 Fax: (303) 321-7657 Questions: [email protected]


Registration Fee RMMLF Members RMMLF Member Law School (Full-Time Faculty)

Please pay in U.S. Dollars Registrations Received thru10/26/11after10/26/11 p $375 p $315 p $225 p $225 p $285 p $35 p $475 p $415 p $325 p $325 p $385 p $75

For membership information, contact the Foundation

RMMLF Senior Member (Retired) Government Agency / Non-Profit Organization (submit PO# if required) Student--Full-Time, proof of status required (Students must attend to receive course materials)

p I plan to attend the Thursday night reception



p Check drawn on a U.S. bank (payable to RMMLF in U.S. Dollars) p VISA p MasterCard p American Express Exp. Date

Credit Card # Name on Card Signature

p Electronic Transfer: Contact the Foundation at [email protected]

The Rocky Mountain Mineral Law Foundation is a non-profit, tax-exempt corporation (Tax ID #84-6037688).

HydRaulic FRactuRing:

Rocky Mountain Mineral Law Foundation 9191 Sheridan Blvd., Suite 203 Westminster, CO 80031 USA (303) 321-8100 / Fax (303) 321-7657

Non-ProfitOrg. U.S. POSTAGE PAID Boulder,Colorado Permit No. 273

coRe issues & tRends


Room Reservations: The Grand Hyatt Denver, 1750 Welton St., Denver, CO 80202, has blocked rooms for this course until October 6 at the rate of $175 (single/double) per night ($225 concierge level). A limited number of government rate rooms also are available. Ask for special rates for Rocky Mountain Mineral Law Foundation registrants. Contact the Hyatt at: · · · · Toll Free 888-421-1442 Direct 303-295-1234 Online Gov't (government employees only) Registration Cancellations: Refunds, less a $50 administrative fee, will be given for cancellations received by 3:00pm on Friday, November 4, 2011. No refunds will be given thereafter, although substitution of attendees may be made by contacting RMMLF Cancellations . must be made in writing or email to [email protected] Registrants not entitled to a refund will receive a copy of the written materials. For questions on refunds, complaints, and/or program cancellations, please contact our office at 303-321-8100. Tax Deduction: Education expenses (including registration fees and travel costs) are deductible in the U.S. if they improve or maintain professional skills. Treas. Reg. § 1.162-5. CLE Credit: Foundation conferences are typically accredited by all mandatory CLE states, the AAPL, NADOA and NALTA, and other professional organizations. Attorneys from certain states may be required to pay an additional fee. This course consists of approximately 6.5 hours of continuing education. You must let us know at least 30 days in advance of the conference the states or organizations for which you will need credit (see registration form). RMMLF is a State Bar of California MCLE-approved provider. CPE Credit: Rocky Mountain Mineral Law Foundation is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417. Web site: There are no prerequisites and no advance preparation is required to attend this course. The delivery method is Group­Live, and up to 7 CPE credits are available. The program level is "overview."

Trouble making room reservations? Contact us at [email protected] Car Rental: Hertz is offering special discounts by referencing Meeting CV#03NJ0006 and Rocky Mountain Mineral Law Foundation. Make reservations at or call 800-654-2240 (U.S.); 800-263-0600 (Canada); or 405-749-4434 (Int'l). Registration Fees: Include course materials, refreshments, and hosted functions as listed in this brochure. These fees do not include hotel costs or transportation. Registrations will be accepted only when accompanied by a check, money order, government purchase order or training form, credit card information, or wiring information. No registrations can be processed without payment. Recording: Audio and video recording of this course are not permitted without the express authorization of the Foundation. Special Needs: If you have special needs addressed by the ADA, please notify us at least two weeks before the program.


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